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Fitzpatrick West Inc
Service Description
Service Description
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This Cookies Policy supplements our Privacy Policy and describes the different types of cookies and other similar technologies that may be used in connection with the Platform to facilitate the Services to You. This Cookies Policy also describes how you can manage cookies and other similar technologies. Please read this Cookies Policy with our Privacy Policy.
Capitalized terms used but not defined in this Cookies Policy can be found in our Privacy Policy, Terms of Service, and any other rules, policies or guidelines published on the Platform as applicable to you (collectively referred to as the “Platform Terms”).
By accessing our Platform, you agree to the use of cookies and similar technologies for the purposes described in this Cookies Policy.
Cookies are small files of data in the form of text files created by web browsers you may use and are stored on your device’s hard drive. They allow website providers to identify users, store preferential information, and understand users’ browsing activities. There are other similar technologies (as specified below) that allow us and third parties to obtain information about your visits to the Site, usage of the Platform, including to analyze your visiting patterns. We use this information to provide Services on the Platform and messages and content for us and others that are specific to your interests.
There are two main types of cookies: First-party cookies which are set by Utsavlife directly when you use our Site, and third-party cookies which are set by other websites, such as that of certain third-party services providers whose platform may be integrated with our Platform to facilitate Services to you
Cookies alone cannot be used to disclose your individual identity to us, though in some cases we may tie Utsavlife or third-party Cookies to personal information you have provided to us or that we have otherwise obtained about you in accordance with our Privacy Policy.
Other technologies that may be used include web beacons, which are tiny that are used to understand browsing activity; social widgets - these are buttons or icons provided by third- party social media providers that allow you to interact with social media services when you view a webpage or mobile app screen. These social widgets may collect browsing data, which may be received by the third party that provided the widget and are controlled by third parties; UTM codes are strings that can appear in a URL (the “Uniform Resource Locator,” which is typically the http or https address entered to go to a web page) when you move from one web page or website to another, where the string can represent information about browsing, such as which advertisement, page, or publisher sent the user to the receiving website; and site optimization and usage tracking.
We may contract with third party service providers to help manage and optimize our Internet business and communications, and these third-party service providers may also use the technologies described in this section to collect certain information.
We may use different types of cookies on the Platform:
Essential Cookies: Essential Cookies are necessary for the Platform to work and enable you to move around it and use its services and features. Disabling these cookies may make the services and features unavailable.
Functional Cookies: We use Functional Cookies to save your settings on the Platform—settings such as language and other user preferences you have previously opted for on the Site. We may also use "Flash Cookies" for some of our animated or other video content.
Session Cookies: These types of cookies are stored only temporarily during a browsing session and are deleted from your device when you close the browser or the application. We use Session Cookies to support the functionality of the Platform and to understand your use of the Platform—that is, which pages you visit, which links you use, what content you are viewing, and how long you stay on each page.
Persistent Cookies: These types of cookies are not deleted when you close your browser or the application but are saved on your device for a fixed period of time or until you delete them. Each time you visit the Platform, the server that sets the cookie will recognize the persistent cookie saved on your device. We and others may use persistent cookies to store your preferences, so that they are available for your next visit, to keep a more accurate account of how often you visit the Platform, how often you return, how your use of the Platform may vary over time and the effectiveness of advertising efforts.
Analytics Cookies: Analytics Cookies collect information about your use of the Platform and enable us to improve the way it works. These cookies give us aggregated information that we use to monitor site performance, count page visits, spot technical errors, see how users reach the Platform, and measure the effectiveness of advertising (including emails we send to you).
Apart from the above, we may also use the following types of cookies-
Advertising Cookies: These cookies allow us and other advertisers to show you the most relevant products, offers, and advertisements on the Platform and third-party sites, or through emails or other message platforms. These types of cookies also help us provide you with content on the Platform that is tailored to your interests and needs. As noted below, some Analytics Cookies and other technologies are used in part to facilitate advertising. Advertising Cookies also include Social Plug-In Cookies.
Social Plug-In Cookies: Social Plug-In Cookies are used to share content from the Platform with members and non-members of social media networks such as Facebook, Twitter, YouTube and Pinterest. These cookies are usually set by the social networking provider, enabling such sharing to be smooth and seamless.
Cookies may also be used on the Platform in order to improve your experience. For example, we may use cookies to:
Remember your username and password for future visits so that log-in is easier and faster
Track your response to Platform content for analysis;
Measure how many people use the Platform, and how they use it, so that we may keep it running quickly and efficiently; and Help us and others deliver communications and content to you that are relevant and responsive to your interests and location.
Google Analytics: We use Google Analytics to collect and process statistical data about the number of people using the Platform and to better understand how they find and use the Platform. The data collected includes data related to your device/browser and on-site activities to measure and report statistics about user interactions on the Platform. Any data collected is used in accordance with this Policy and Google’s privacy policy. You may learn more about Google Analytics by visiting https://www.google.com/policies/privacy/partners/ and https://support.google.com/analytics/answer/6004245 . You can learn more about Google’s restrictions on data use by visiting the Google Privacy Policy
at: https://www.google.com/policies/privacy. To opt-out of Google Analytics, visit https://tools.google.com/dlpage/gaoptout and install the opt-out browser add-on feature. For more details, visit the “Google Analytics opt-out browser add-on” page (located at https://support.google.com/analytics/answer/181881?hl=en).
Other Third-Party Technologies: Some third parties may use automated data collection technologies to collect information about you when you browse the Internet. The information they collect about your online browsing activities over time and across different websites and other online services may be associated with your personal information and used to provide you with targeted content. We do not control these third parties’ technologies or how they may be used. If you have any questions about targeted content, you should contact the responsible party directly or consult their privacy policies.
We provide you with choices regarding the personal information you provide to us, and we have created ways to give you control over your information. Most web browsers are set by default to accept cookies. If you do not wish to receive cookies, you may choose to set your browser to remove or reject cookies by adjusting your browser settings. Please be aware that, if you decline the use of cookies, you may not have access to the full benefits of the Platform.
To manage third-party usage of Other Technologies, contact the third party directly or consult their privacy policies. Utsavlife is not responsible for third-party use of Other Third-Party Technologies.
If you have any questions regarding this Cookies Policy, please write to us at info@utsavlife.com.
In addition to our Terms and conditions Service, Utsavlife respects your privacy and is committed to protecting it. This Privacy Policy (the “Policy”) explains the types of information collected by Utsavlife when you use the Platform (as defined in Terms and conditions) that references this Policy, how we collect, use, share and store such information collected and also explains the rationale for collection of such information, the privacy rights and choices you have regarding your information submitted to us when you use the Services.
For ease of reference, use of the terms “Utsavlife”, “we”, “us, and/or “our” refer to SRV Technology – a company incorporated in India and all of its affiliates which have license to host the Platform and offer Services. Similarly, use of the terms “you”, “yours” and/or “User(s)” refer to all users of the Platform and includes all customers and Content Providers (as more particularly defined under our Terms and conditions).
The Services are governed by this Policy, Terms and conditions, and any other rules, policies or guidelines published on the Platform as applicable to you. Please read this Policy carefully prior to accessing our Platform and using the Services. By accessing and using the Platform, providing your Personal Information (defined below), or by otherwise signalling your agreement when the option is presented to you, you consent to the collection, use, disclosure, sharing and storing of information described in this Policy, Terms of Service and any other rules, policies or guidelines published on the Platform as applicable to you (collectively referred to as the “Platform Terms''), and Utsavlife disclaims all the liabilities arising therefrom. If you have inadvertently submitted any Personal Information to Utsavlife prior to reading this Policy statements set out herein, or you do not agree with the way your Personal Information is collected, stored, or used, then you may access, modify and/or delete your Personal Information in accordance with this Policy (refer to the sections about Your Choices and Your Rights).
If any information you have provided or uploaded on the Platform violates the Platform Terms, Utsavlife may be required to delete such information upon informing you of the same and revoke your access to the Platform if required.
Capitalized terms used but not defined in this Policy can be found in our Terms and conditions
If you have any questions about this Policy, please contact us at info@utsavlife.com
This Policy applies to all Users of the Platform.
Utsavlife owns and/or manages several platforms (other than the Platform) that offer a range of services including services related to technology solutions in the space of e-service, either by itself or through its affiliates and subsidiaries (“Utsavlife Group Platforms”). Each of the Utsavlife Group Platforms have published their own privacy policies. Accordingly, this Policy does not apply to information collected through the Utsavlife Group Platforms and only applies to the collection of your information through the Platform. Please visit the relevant Utsavlife Group Platform to know the privacy practices undertaken by them.
Utsavlife has taken reasonable precautions as per applicable laws and implemented industry standards to treat Personal Information as confidential and to protect it from unauthorized access, improper use or disclosure, modification and unlawful destruction or accidental loss of the Personal Information.
You may be allowed to access and view the Platform as a guest and without creating an account on the Platform or providing any Personal Information; Utsavlife does not validate or takes no responsibility towards information, if any, provided by you as a guest, except as otherwise required under any law, regulation, or an order of competent authority. However, to have access to all the features and benefits on our Platform, you are required to first create an account on our Platform. To create an account, you are required to provide certain Personal Information as may be required during the time of registration and all other information requested on the registration page, including the ability to receive promotional offers from Utsavlife, is optional. Utsavlife may, in future, include other optional requests for information from you to help Utsavlife to customize the Platform to deliver personalized information to you. Utsavlife may keep records of telephone calls or emails received from or made by you for making enquiries, feedback, or other purposes for the purpose of rendering Services effectively and efficiently.
As stated in our Terms and conditions, to register on the Platform you must meet the ‘Age Requirements’ (as defined in our Terms and conditions). If you are a “Minor” or “Child” i.e., an individual who does not meet the Age Requirements, then you may not register on the Platform, and only your Parent (defined below) can register on the Platform on your behalf, agree to all Platform Terms and enable access to you under their guidance and supervision.
While some of our Services may require collection of a Child’s Personal Information, we do not knowingly collect such Personal Information from a Child and assume that information has been provided with consent of the Parent. If you are a Parent and you are aware that your Child has provided us with any Personal Information without your consent, please contact us at info@utsavlife.com If we become aware that we have collected Personal Information from a Child in the absence of consent of the Parent, we will take steps to remove such information from our servers.
The information in the relevant parts of this notice applies to Children as well as adults. If your Child faces any form of abuse or harassment while availing our Services, you must write to us at info@utsavlife.com, so that necessary actions could be considered.
Utsavlife is the controller of Personal Information that it collects and processes in connection with the use of the Platform and the provision of the Services on the Platform. The kind of Personal Information we collect in connection with such use is detailed below.
“Personal Information” shall mean the information which identifies a User i.e., first and last name, identification number, email address, age, gender, location, photograph and/or phone number provided at the time of registration or any time thereafter on the Platform.
“Sensitive Personal Information” shall include (i) passwords and financial data (except the truncated last four digits of credit/debit card), (ii) health data, (iii) official identifier (such as biometric data, aadhar number, social security number, driver’s license, passport, etc.,), (iv) information about sexual life, sexual identifier, race, ethnicity, political or religious belief or affiliation, (v) account details and passwords, or (vi) other data/information categorized as ‘sensitive personal data’ or ‘special categories of data’ under the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, General Data Protection Regulation (GDPR) and / or the California Consumer Privacy Act (CCPA) (“Data Protection Laws”) and in context of this Policy or other equivalent / similar legislations.
Usage of the term ‘Personal Information’ shall include ‘Sensitive Personal Information’ as may be applicable to the context of its usage.
We request you to not provide Utsavlife with any Personal Information unless specifically requested by us. In the event you share with Utsavlife any Personal Information without us having specifically requested for the same, then we bear no liability in respect of such Personal Information provided by you.
We only collect information about you if we have a reason to do so — for example, to provide our Services on the Platform, to communicate with you, or to make our Services better.
We collect this information from the following sources:
Basic account information: In order to access certain features of the Platform, you will need to create an account and register with us. We ask for basic information which may include your name, an email address, state of residence, and password, along with a username and phone/mobile number.
Know Your Customer ('KYC') information: If you are a service Provider registered with us, then, we also collect the KYC information, which may include information pertaining to your PAN number, aadhaar number, driver’s license, passport, your entity details such as name, MOU/AOA, certificate of incorporation, list of directors/partners, social security number etc., along with the relevant documents. We collect this information and documents from you to complete our verification process including pursuant to any other arrangement / agreement executed with you.
Public profile information: If you are a service Provider, we may also collect certain additional information from you to enable creation of your public profile, if any, on the Platform to help Customers and other Users know you better. We do not share your KYC information, documents or any such Personal Information on these public profiles. Your public profile will only contain Personal Information that are required for Customers or Users to know you (as applicable) viz., your username, a brief description of any service you have made available on the Platform, your photo, and such similar information that may enable a customer or other User to know you better. The information in your public profile will be based on the information you provide to us or as updated by you on such applicable sections.
Information when you communicate with us: When you write to us with a question or to ask for help, we will keep that correspondence, and the email address, for future reference; this may also include any phone/ mobile numbers if you have provided us the same as part of your communication either in writing (emails included), over a phone call or otherwise. When you browse pages on our Platform, we will track that for statistical purposes which may be to improve the Platform and the Services. You may also provide us your Personal Information or other information when you respond to surveys, enter any form of contests, tests, events, competitions, webinars, etc., hosted by Utsavlife, either on the Platform or otherwise, or when you otherwise communicate with us via form, e-form, email, phone, or otherwise, we store a copy of our communications (including any call recordings or emails, if any, as permitted by applicable law).
Information related to location: You may also choose to provide location related information, including but not limited to access to GPS, which will enable us, with your consent, to offer customized offerings for specific services where location data is relevant and/or applicable such as informing you whether services on the Platform that you have expressed interest in may be availed of at or near your location.
Device and Log information: When you access our Platform, we collect information that web browsers, mobile devices, and servers typically make available, including the browser type, IP address, unique device identifiers, language preference, referring site, the date and time of access, operating system, and mobile network information. We collect log information when you use our Platform — for example, when you create or make changes to your account information on the Platform.
Usage information: We collect information about your usage of our Platform. We also collect information about what happens when you use our Platform (e.g., page views, support document searches, features enabled for your account, interactions with other parts of our Services) along with information about your Supported Device (e.g., screen size, name of cellular network, and mobile device manufacturer). We use this information to provide our Platform to you, get insights on how people use our Platform so that we can make our Platform better, and understand and make predictions about User retention.
Location information: We may determine the approximate location of your Supported Device from your Internet Protocol (IP) address. We may collect and use this information to calculate how many people visit from certain geographic regions or to improve our Platform Services.
Information from cookies & other technologies: We may collect information about you through the use of cookies and other similar technologies. A cookie is a string of information that a website stores on a visitor’s computer, and that the visitor’s browser provides to the website each time the visitor returns. For more information on our use of cookies and similar technologies, please refer to our Cookie Policy.
We might receive and collect information about you from other sources in the course of their services to us or from publicly available sources, as permitted by law, which we may combine with other information we receive from or about you. For example, we may receive information about you from a social media site or a Google service if you connect to the Services through that site or if you use the Google sign-in.
We collect and process your Personal Information based on the following legal parameters depending upon the nature of Personal Information and the purposes for which it is processed:
Consent: We rely on your consent to process your Personal Information in certain situations. If we require your consent to collect and process certain Personal Information, as per the requirements under the applicable Data Protection Laws, your consent is sought at the time of collection of your Personal Information and such processing will be performed where consent is secured.
Compliance with a legal obligation: Your Personal Information may be processed by us, to the extent that such processing is necessary to comply with a legal obligation.
We may process your Personal Information in connection with any of the purposes and uses set out in this Policy on one or more of the following legal grounds:
Because it is necessary to perform the Services you have requested or to comply with your instructions or other contractual obligations between you and us;
To comply with our legal obligations as well as to keep records of our compliance processes;
Because our legitimate interests, or those of a third-party recipient of your Personal Information, make the processing necessary, provided those interests are not overridden by your interests or fundamental rights and freedoms;
Because you have chosen to publish or display your Personal Information on a public area of the Platform, such as a comment area;
Because it is necessary to protect your vital interests;
Because it is necessary in the public interest; or
Because you have expressly given us your consent to process your Personal Information in a particular manner.
We do not use Personal Information for making any automated decisions affecting or creating profiles other than what is described in this Policy.
Where the processing of your Personal Information is based on your consent, you have the right to withdraw your consent at any point in time in accordance with this Policy. Please note that should the withdrawal of consent result in us not being able to continue offering our Services to you, we reserve the right to withdraw or cease from offering our Services to you upon your consent withdrawal. You may withdraw consent by contacting us with a written request to the contact details provided in the ‘Grievances’ section below. Upon receipt of your request to withdraw your consent, the consequences of withdrawal may be communicated to you. Upon your agreement to the same, your request for withdrawal will be processed.
To provide Services on our Platform:We use your information as collected by us to allow you to access the Platform and the Services offered therein, including without limitation to set-up and maintain your account, provide customer service, fulfil purchases through the Platform, verify User information and to resolve any glitches with our Platform. The legal basis for this processing is consent or, where applicable, our legitimate interests in the proper administration of our Platform, and/or the performance of a contract between you and us.
To improve our Platform and maintain safety:We use your information to improve and customize the Platform and Services offered by us, including providing automatic updates to newer versions of our Platform and creating new features based on the Platform usage analysis. Further, we also use your information to prevent, detect, investigate, and take measures against criminal activity, fraud, misuse of or damage to our Platform or network, and other threats and violations to Utsavlife’s or a third party's rights and property, or the safety of Utsavlife, its users, or others. The legal basis for this processing is consent or, where applicable, our legitimate interests in the proper administration of our Platform, and/or the performance of a contract between you and us.
To market our Platform and communicate with You: We will use your information to develop a more targeted marketing of our Platform, to communicate with you about our offers, new products, services or even receive your feedback on the Platform. The legal basis for this processing is consent or, where applicable, our legitimate interests in the proper administration of our Platform, and/or the performance of a contract between you and us.
To establish, exercise, or defend legal claims: We may process any Personal Information identified in this Policy when necessary for establishing, exercising, or defending legal claims, whether in court, administrative, or other proceedings. The legal basis for this processing is our legitimate interest in the protection and assertion of our legal rights, your legal rights, and the legal rights of others.
To manage risk and obtain professional advice: We may process any of the Personal Information identified in this Policy to manage risk or obtain professional advice. The legal basis for this processing is our legitimate interest in the proper protection of our business and Platform
Consent: We may otherwise use your information with your consent or at your direction.
To Better Understand Our Users: We may use information we gather to determine which areas of the Services are most frequently visited to understand how to enhance the Services.
We share the information collected as per terms of this Policy only in the manner specified hereinbelow. We do not sell or otherwise disclose Personal Information we collect about you for monetary or other valuable consideration. Further, only authorized representatives of Utsavlife and on a need-to-know basis use any information received from you and as consented by you. In the event of any identified unauthorized use or disclosure of information or upon your complaint as stated under the ‘Grievances’ section below, we will investigate any such complaint and take the appropriate action as per the applicable Data Protection Laws.
Affiliates and Subsidiaries: We may disclose information about you to our affiliates, subsidiaries and other businesses under the same control and ownership, and their respective officers, directors, employees, accountants, attorneys, or agents, who need the information to help us provide the Services or process the information on our behalf. We require our affiliate, subsidiaries and other businesses under the same control and ownership to follow this Privacy Policy for any Personal Information that we share with them. Further, if you have availed any Service that is offered by Utsavlife in collaboration with one or more Utsavlife Group Platforms, then we may share your Personal Information with the relevant Utsavlife Group Platform, who may also communicate with you regarding certain other products/services offered by them separately via email, phone, SMS and/or such other mode of communication; you will always have an option to opt out of receiving some or all of such promotional communications from an Utsavlife Group Platform through the unsubscribe link in the email or such other option that may be communicated to you.
Third-party vendors/service providers including integrated services on the Platform: We may share information about you with third-party vendors or service providers (including consultants, payment processors, and other service providers and integrated services) who need the information to provide their support services to us or you, or to provide their services to you on our behalf either directly or through the Platform. These services may include providing customer support, performing business and sales analysis, supporting our website functionality, facilitating payment processing, and supporting contests, surveys, and other features offered on our Platform. Such third-party vendors are not allowed to use the information for any purpose other than what it was provided for, and they are required to process and use the information in accordance with this Privacy Policy.
Third-party platforms to facilitate the additional offerings: We may share information about you with third-party platforms that are used to create interactive forums between Service Providers and Customers to enable the Customers a more conducive environment to extend their take our service. The information shared with these platforms are limited to the information required to facilitate your participation in the forums and is based on your consent. However, the privacy practices of these platforms are independent of this Policy, and we suggest that you read through the privacy policies and terms and condition of the platforms relevant to you prior to consenting to being a part of any forums made available on these third-party platforms.
Legal Disclosures: We may disclose information about you in response to a court order, or other governmental request. Without limitation to the foregoing, we reserve the right to disclose such information where we believe in good faith that such disclosure is necessary to:
comply with applicable laws, regulations, court orders, government and law enforcement agencies’ requests;
protect and defend Utsavlife’s or a third party's rights and property, or the safety of Utsavlife, our users, our employees, or others; or
prevent, detect, investigate and take measures against criminal activity, fraud and misuse or unauthorized use of our Platform and/or to enforce our Terms and Conditions or other agreements or policies.
To the extent permitted by law, we will attempt to give you prior notice before disclosing your information in response to such a request.
Business transfers: In the event Utsavlife undergoes any merger, acquisition, or sale of company assets, in part or in full, with another company, or in the unlikely event that Utsavlife goes out of business or enters bankruptcy, user information would likely be one of the assets that is transferred or acquired by a third party. If any of these events were to happen, this Privacy Policy would continue to apply to your information and the party receiving your information may continue to use your information, but only consistent with this Privacy Policy.
Advertising and Analytics Partners: We may share usage data with third-party advertisers, advertisement networks, and analytics providers through cookies and other similar technologies.
With Your Consent: We may share and disclose information with your consent or at your direction.
Your information may be shared for reasons not described in this Policy; however, we will seek your consent before we do the same or share information upon your direction.
Your information including any Personal Information is stored, processed, and transferred in and to the Amazon Web Service (AWS) servers and databases located in Singapore, India and the USA. Utsavlife may also store, process, and transfer information in and to servers in other countries depending on the location of its affiliates and service providers.
Please note that these countries may have differing (and potentially less stringent) privacy laws and that Personal Information can become subject to the laws and disclosure requirements of such countries, including disclosure to governmental bodies, regulatory agencies, and private persons, as a result of applicable governmental or regulatory inquiry, court order or other similar process.
If you use our Platform from outside India, including in the USA, EU, EEA, and UK, your information may be transferred to, stored, and processed in India. By accessing our Platform or otherwise giving us information, you consent to the transfer of information to India and other countries outside your country of residence. If you are located in the EU and applicable law specifies relevant legal grounds for processing personal data, the legal grounds for our processing activities are to perform our contract(s) with you; to meet our legal obligations; and for our legitimate business purposes, including to improve our operation and Services and to detect and prevent fraud.
We rely on legal bases to transfer information outside the EU, EEA and UK, and any Personal Information that we transfer will be protected in accordance with this Policy as well as with adequate protections in place in compliance with applicable Data Protection Laws and regulations.
Mostly, when you delete any of the information provided by you or when you delete your account, on the Platform, the same will be deleted from our servers too. However, in certain cases, we will retain your information for as long as it is required for us to retain for the purposes stated hereinabove, including for the purpose of complying with legal obligation or business compliances.
Further, please note that we may not be able to delete all communications or photos, files, or other documents publicly made available by you on the Platform (for example: comments, feedback, etc.), however, we shall anonymize your Personal Information in such a way that you can no longer be identified as an individual in association with such information made available by you on the Platform. We will never disclose aggregated or de-identified information in a manner that could identify you as an individual.
Note: If you wish to exercise any of your rights (as specified in ‘Your Rights’ section below) to access, modify and delete any or all information stored about you, then you may do so by using the options provided within the Platform. You can always write to us at info@utsavlife.com for any clarifications needed.
Limit the information You provide: You always have an option to choose the information you provide to us, including the option to update or delete your information. However, please note that lack of certain information may not allow you the access to the Platform or any of its features, in part or in full.
Limit the communications You receive from us: Further, you will also have the option to choose what kind of communication you would like to receive from us and whether you would like to receive such communication at all or not. However, there may be certain communications that are required for legal or security purposes, including changes to various legal agreements, that you may not be able to limit.
Reject Cookies and other similar technologies: You may reject or remove cookies from your web browser; you will always have the option to change the default settings on your web browser if the same is set to ‘accept cookies’. However, please note that some Services offered on the Platform may not function or be available to you, when the cookies are rejected, removed, or disabled.
In general, all Users have the rights specified herein this section. However, depending on where you are situated, you may have certain specific rights in respect of your Personal Information accorded by the laws of the country you are situated in. To understand Your rights
If you are a User, you may exercise any of these rights by using the options provided to you within the Platform upon your login. If, however, you are facing any issues or require any clarifications, you can always write to us at the address noted in the ‘Grievances’ section below, and we will address your concerns to the extent required by the applicable law.
Right to Confirmation and Access:You have the right to get confirmation and access to your Personal Information that is with us along with other supporting information.
Right to Correction: You have the right to ask us to rectify your Personal Information that is with us that you think is inaccurate. You also have the right to ask us to update your Personal Information that you think is incomplete or out-of-date.
Right to be Forgotten: You have the right to restrict or prevent the continuing disclosure of your Personal Information under certain circumstances.
Right to Erasure: If you wish to withdraw/remove your Personal Information from our Platform, you have the right to request erasure of your Personal Information from our Platform. However, please note that such erasure will remove all your Personal Information from our Platform (except as specifically stated in this Policy) and may result in deletion of your account on the Platform permanently, and the same will not be retrievable.
Remember, you are entitled to exercise your rights as stated above only with respect to your information, including Personal Information, and not that of other Users. Further, when we receive any requests or queries over email or physically to the address specified in the ‘Grievances’ section below, then, as per the applicable Data Protection Laws, we may need to ask you a few additional information to verify your identity in association with the Platform and the request received.
We work to protect the security of your information during transmission by using Transport Layer Security (TLS) or Secure Sockets Layer (SSL) software (depending on your browser/Supported Device), which encrypts information you input in addition to maintaining security of your information as required under applicable laws.
We maintain electronic, and procedural safeguards in connection with the collection, storage, and disclosure of Personal Information (including Sensitive Personal Information). Our security procedures mean that we may occasionally request proof of identity before we disclose Personal Information to you that belongs to you.
However, no form or method of data storage or transmission system is fully secure, and we cannot guarantee that security provided by such system(s) is absolute and that your information will not be accessed, disclosed, or destroyed in the event of a breach of any of our security measures.
It is important for you to protect your account against unauthorized access to or use of your password and to your computer and if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner, you must immediately change your password or inform us, so that we are able to help you stop or prevent such unauthorized access. Be sure to sign off when you finish using a shared computer.
All KYC information collected in accordance with this Policy are fully encrypted and cannot be accessed by any person other than the designated authority in Utsavlife.
We try to ensure that the third parties who provide services to us under appropriate contracts take appropriate security measures to protect Personal Information in line with our policies.
You will always have the option to opt out of receiving some or all of our promotional communications through the setting provided within the Platform upon your login, by using the unsubscribe link in any email communications sent to you or by emailing info@utsavlife.com
If you opt out of promotional communications, we may still send you transactional communications, such as service announcements, administrative and legal notices, and information about your account, without offering you the opportunity to opt out of these communications. If you no longer wish to use our Platform or receive any communications from us (except for those that are legally required), then you may delete your account by using the option enabled within the Platform or by writing to us at info@utsavlife.com.
Advertisers or ad companies working on their behalf sometimes use technology to serve the ads that appear on our sites directly to Your browser. They automatically receive Your IP address when this happens. They may also use cookies to measure the effectiveness of their ads and to personalize ad content. We do not have access to or control over cookies or other features that advertisers and third-party sites may use, and the information practices of these advertisers and third-party websites are not covered by our Policy. Please contact them directly for more information about their privacy practices.
Please note that opting out of promotional email communications only affects future communications from us. If we have already provided your information to a third party (as stated in this Policy) before you changed your preferences or updated your information, you may have to change your preferences directly with that third party.
We do not sell your Personal Information to third parties, and we do not use your name or name of your company in marketing statements without your consent.
On unaffiliated sites, Utsavlife may display interest-based advertising using information you make available to us when you interact with our Platform and Services. Interest-based ads, also sometimes referred to as personalised or targeted ads, are displayed to you based on information from activities such as registering with our Platform, visiting sites that contain Utsavlife content or ads. In providing interest-based ads, we follow applicable laws, as well as the Code for Self-Regulation in Advertising by the Advertising Standards Council of India and the Self-Regulatory Principles for Online Behavioural Advertising developed by the Digital Advertising Alliance (a coalition of marketing, online advertising, and consumer advocacy organizations) and other rules and guidelines issued by the Federal Trade Commission in respect of digital advertising.
We do not provide any Personal Information to advertisers or to third party sites that display our interest-based ads. However, advertisers and other third-parties (including the ad networks, ad-serving companies, and other service providers they may use) may assume that users who interact with or click on a personalized ad or content are part of the group that the ad or content is directed towards. Also, some third-parties may provide us information about you (such as the sites where you have been shown ads or demographic information) from offline and online sources that we may use to provide you with more relevant and useful advertising.
Advertisers or ad companies working on their behalf sometimes use technology to serve the ads that appear on our sites directly to your browser. They automatically receive your IP address when this happens. They may also use cookies to measure the effectiveness of their ads and to personalise ad content. We do not have access to or control over cookies or other features that advertisers and third-party sites may use, and the information practices of these advertisers and third-party websites are not covered by our Policy. Please contact them directly for more information about their privacy practices.
Our business changes constantly and our Policy may change from time to time. We may, at our discretion (unless required by applicable laws to mandatorily do so), email periodic reminders of our notices and conditions, unless you have instructed us not to, but we encourage you to check our Platform frequently to see the recent changes. Unless stated otherwise, our current Policy applies to all information that we have about you and your account. We stand behind the promises we make, however, and will not materially change our policies and practices making them less protective of customer information collected in the past without your consent.
If you have any questions about this Policy, wish to exercise your rights, have concerns about privacy of your data or any privacy related grievances in respect of the Platform, then please register your complaint with a thorough description via email to info@utsavlife.com addressed to our grievance officer Mr. Vikrant Singh (Associate General Counsel) or via a registered post to the below address-
Utsavlife Pvt. Ltd.
R-16, Uttam Nagar west metro station, Gate Number 1
Metro pillar Number 690
Bikaner wali Gali
New Delhi 110059
Privacy Policy – Version 1.0
Last Updated on 16th JANUARY 2023
Utsavlife User Referral Program (“Referral Program '') is made available through the Platform to all Users (as defined in our Terms and Conditions) who take once any service on the Platform.
When we refer to “you”/ “your/s”, we collectively mean you as the User on the Platform. Similarly, when we speak of “Utsavlife”, “we”, “us”, and “our”, we collectively mean Sorting Hat Technologies Private Limited – a company incorporated in India and all its affiliates which have a license to host the Platform and offer Services. Kindly refer to the About Utsavlife and the Platform section of the Terms and Conditions to know which Utsavlife entity your Agreement (as defined in Terms and Conditions) will be with.
Participation in our Referral Program is subject to the following terms and conditions (“Referral Terms''). Please take the time to read our Referral Terms and Platform Terms (as defined below). By participating in our Referral Program, you acknowledge that you have read, understood, and agree to be legally bound by the terms and conditions of these Referral Terms along with the Utsavlife’s Terms and Conditions, Privacy Policy and any other terms and conditions updated on the Platform or communicated to you from time to time (collectively referred to as the “Platform Terms''). If you do not agree to any of the terms and conditions, then please do not participate in our Referral Program or use our Service (as defined in our Terms and Conditions).
Capitalized terms not defined in these Referral Terms shall have the meaning set forth in our Platform Terms.
We may change these Referral Terms from time to time and will post any changes on the Platform or notify you via email, at our option, as soon as such changes are in effect.
Eligibility and Participation: Participation in the Referral Program is voluntary, and all Users on the Platform are eligible to participate in the Referral Program. Accordingly, the ‘Age Requirements’ as stated in our Platform Terms shall continue to apply to all Users participating in the Referral Program.
a. Once registered on the Platform as a User, you will have the option to generate a referral code within your account on the Platform or otherwise as directed on the Platform or as may be communicated to you by Utsavlife in writing (emails included) (“Referral Code”).
b. You may refer friends or anyone by sending them the Referral Code via the Platform, email or through any other mode or platform.
c. Once a person registers on the Platform as a User and purchases a Service (as defined in our Terms and conditions) using your Referral Code, such person shall be considered as your “Qualified Referral”.
Please note that Referral Codes are unique to each User, and only when the person registering as a User applies your Referral Code will he/she/they be considered as your Qualified Referral. In other words, if the person you referred has failed to enter/apply the Referral Code that is unique to you while registering as a User or purchasing a Service (as applicable) on the Platform, then such person shall not be considered as your Qualified Referral, and you shall not be eligible to receive any Referral Rewards (defined below) in respect of that person. Similarly, any failure on your part to display or share the correct Referral Code shall not be the responsibility of Utsavlife.
a. Self-Referrals shall not be deemed as a Qualified Referral and Referral Rewards are not valid or payable for Self-Referrals. So, if your personal details, including but not limited to, last name, email address, IP address or website details, are the same as your Qualified Referral(s), then such referral will be deemed as a “Self-Referral''. Utsavlife, in its sole discretion, will determine the classification of any referral as a “Self-Referral''.
b. Referrals made to any existing Users on the Platform shall not be deemed as Qualified Referrals; only a new user registering on the Platform using your Referral Code shall be considered as your Qualified Referral.
c. If a User referred by you initiates cancellation or refund of the Service on the Platform within 30 (thirty) days (or such other number of days as mentioned on the Platform) from the date of purchase of the Service on the Platform, or if there have been any chargebacks by such User, then such User referred by you shall not be deemed as a Qualified Referral, and you shall not be entitled to any Referral Rewards in respect of such User.
d. No referral by you shall be considered as a Qualified Referral, if Utsavlife suspects any fraudulent activity by you to increase your Qualified Referrals, including without limitation, the use of any software that generates real and fictitious information, multiple accounts from the same users referred by you, or any activity that does not comply with the Referral Terms and/or the Platform Terms. In these cases, Utsavlife shall also have the right to terminate your account and access to the Platform at its sole discretion.
e. Where any User referred by you receives from or was offered coupons, refunds, credits or discounts by you to purchase a Service on the Platform and such offering was not authorised by Utsavlife, then such purchase by the User referred by you shall not amount to a Qualified Referral.
f. If it is found by Utsavlife that you have adopted marketing practices in contravention to these Referral Terms or that we deem to be unethical or are likely to attract fraudulent signups, then such Users referred by you shall not be deemed as Qualified Referrals.
g. Any referral that is deemed to be in contravention of these Referral Terms, Platform Terms and/or any other terms as communicated to you by Utsavlife in writing (emails included) at the sole discretion of Utsavlife, shall not be deemed as a Qualified Referral.
Referral Rewards: For each Qualified Referral you may be entitled to receive a reward in the form of cash, gift vouchers or otherwise in kind as detailed out or elsewhere on the Platform and/or as communicated to you in writing (emails included) from time to time (“Referral Rewards'') (as defined below). These Referral Rewards, and the duration for which these Referral Rewards are offered, are as detailed out on the Platform and/or as communicated to you in writing (emails included). The Referral Rewards shall be determined by Utsavlife at its sole discretion and the same may vary from time to time, unless otherwise specifically communicated to you in writing (emails included).
It is hereby clarified that the Referral Rewards shall be inclusive of all applicable taxes and subject to deduction of applicable taxes. Utsavlife shall not be responsible to pay any taxes on the Referral Rewards in any manner.
Disbursement of Referral Rewards: We will track the Qualified Referrals generated by you through your Referral Code, and we will make this information available to you either on your dashboard on the Platform or otherwise communicate to you (including via email). To permit accurate tracking, reporting, and commission accrual, you must ensure that the Referral Codes are properly made available to your referrals. Further, please note the below-
a. Based on your Qualified Referrals, you shall be entitled to such Referral Rewards as determined by Utsavlife at the time of its accrual. The information regarding the Referral Rewards you may be entitled to shall be made available to you either on your dashboard or shall be communicated to you by Utsavlife including via email.
b. The Referral Rewards shall be disbursed to you upon you claiming the same either through your dashboard or through such other mechanisms as may be communicated to you by Utsavlife. Unless duly claimed by you in accordance with the mechanism communicated by Utsavlife, Utsavlife shall not be obligated to disburse any Referral Reward to you on any account whatsoever.
c. You are entitled to Referral Rewards only for your Qualified Referrals as verified by Utsavlife in accordance with these Referral Terms and other terms as may be communicated to you in writing (emails included).
d. Referral Rewards shall be disbursed to you based on the current information provided by you on the Platform, including your email address and phone number. In case of any changes, it shall be your sole responsibility to update the information in your dashboard or by writing to info@utsavlife.com, and Utsavlife shall not be liable for the same.
e. If there are any cash-based Referral Rewards, then the payment of the same may be facilitated to you subject to your submission of the required ‘Know your Customer’ (KYC) documents, and any other tax related documents as may be required by Utsavlife.
f. It is hereby clarified that the Referral Rewards shall be inclusive of all applicable taxes and subject to deduction of applicable taxes. Utsavlife shall not be responsible to pay any taxes on the Referral Rewards in any manner.
g. Utsavlife reserves the right to immediately cancel or withhold for later review any Referral Rewards that fail to meet the criteria of a ‘Qualified Referral’. You are responsible for monitoring the disbursement, denial, and withholding of Referral Rewards; Utsavlife is not obligated to actively notify you of the status of the Referral Rewards except as stated hereunder. If you have any questions about your Referral Rewards that have been cancelled or withheld, you have thirty (30) days from the day such Referral Reward would have accrued to contact Utsavlife requesting the information for such cancellation or withholding. Any changes to decisions about cancelled or withheld Referral Reward are strictly made in Utsavlife’s sole discretion
h. Utsavlife reserves the right to immediately cancel or withhold for later review any Referral Rewards that fail to meet the criteria of a ‘Qualified Referral’. You are responsible for monitoring the disbursement, denial, and withholding of Referral Rewards; Utsavlife is not obligated to actively notify you of the status of the Referral Rewards except as stated hereunder. If you have any questions about your Referral Rewards that have been cancelled or withheld, you have thirty (30) days from the day such Referral Reward would have accrued to contact Utsavlife requesting the information for such cancellation or withholding. Any changes to decisions about cancelled or withheld Referral Reward are strictly made in Utsavlife’s sole discretion
Marketing and Promotions:
a. You shall bear your own costs and expenses related to marketing and promoting Utsavlife. Utsavlife is not obligated to reimburse or credit you for any marketing expenses, unless it has been specifically agreed by Utsavlife in writing (emails included).
b. You hereby represent and warrant that your marketing practices do not violate any of the following restrictions. you shall -
not advertise Utsavlife as a free product.
not make any false, misleading, or disparaging statements with respect to the Utsavlife, its employees, its customers, its affiliates, its Services, or the Referral Program.
not use traffic that is generated by, including, but not limited to, pay to click, pay to read, banner exchanges, click exchanges, cost-per-view advertising, pop-up/under, spam, purchased traffic, or similar methods without prior written consent from Utsavlife.
not create websites or advertisements that copy, imitate, or resemble the look and feel of Utsavlife’s Services.
not engage in the advertisement of business-opportunity websites or use marketing practices that attract fraudulent or short-term customers.
not engage in any marketing activity that may harm the reputation or credibility of Utsavlife, including but not limited to using low-quality marketing materials, or advertising on any website that promotes violence, discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, or any illegal activities, or violates the intellectual property or other rights of a third party.
include a physical mailing address and unsubscribe information for any marketing email sent promoting Utsavlife’s Services.
communicate clearly that they, not Utsavlife, are the sender of all marketing communications related to the promotion of Utsavlife’s Services as part of the Referral Program.
not engage in any marketing or promotional activities that violate applicable laws, rules, or regulations.
not market using facsimile, broadcast, telemarketing, text message marketing, or other offline marketing methods regarding Utsavlife and/or its Services without the express written consent of Utsavlife.
not use malware or spyware to market or promote Utsavlife’s Services.
Coupons and Promotional Codes: You may only use coupons and promotional codes that are provided exclusively through the Referral Program. We do not provide any rewards or incentives to Qualified Referrals, unless otherwise specifically communicated in writing (digital medium included), and Utsavlife reserves the right to cancel any and all Referral Rewards where it finds evidence of any activity run by you that claims or otherwise communicates offering of rewards or incentives to Qualified Referrals by Utsavlife. Further, we do not encourage you to offer such incentives or rewards to promote the use of your Referral Code in any manner.
Prohibited Activities:
a. Except as permitted herein, you shall not and are not authorized to –
use Utsavlife’s trademark or other intellectual property, including without limitation, the Referral Codes (collectively, “Utsavlife’s Intellectual Property” or “Utsavlife’s IP”) without Utsavlife’s express prior written permission;
use Utsavlife’s name (or any variation or misspelling thereof or other terms that are confusingly similar to any of the foregoing) in a domain name, any metatags, advertising, search terms, code, or otherwise; or
act in any way that causes or could cause any confusion concerning the source of, or your association with Utsavlife’s Services. Your use of Utsavlife’s IP in any manner, other than as expressly permitted hereunder and/or as communicated to you by Utsavlife in writing (emails included) shall constitute infringement of Utsavlife’s IP rights and Utsavlife shall have the right to enforce its rights against you which may subject you to liabilities including without limitation to pay Utsavlife’s legal fees and costs.
b. You are prohibited from bidding on any Utsavlife trademarks, or any variations and misspellings thereof. Examples of prohibited keywords are “Utsavlife”, “Utsavlifeapp”, “Utsavlife.com”, “Utsavlife.in”, “Utsavlifeapp.co”, “india.Utsavlife.com," “Utsavlife hosting”, “Utsavlife domains”.
c. You are prohibited from bidding on keywords containing Utsavlife trademarks plus an additional term such as [Utsavlife coupons], [Utsavlife promotions], and [Utsavlife promos]. Further, you are NOT permitted to phrase match any of these keywords.
d. You are prohibited from outranking Utsavlife's internal paid search ad on any keywords.
e. You are prohibited from direct linking to the Platform from any paid search ads.
f. You are prohibited from using www.utsavlife.com as a display URL.
If you are determined to be in violation of this section, then your participation in the Referral Program may be terminated. For more information on match types, please visit Google's overview of match types.
IP Licenses and Use:
Subject to the limitations set forth in these Referral Terms, we grant you a non-exclusive, non-transferable, non-assignable, revocable license to (i) provide access to Utsavlife’s website through the Referral Codes solely in accordance with these Referral Terms; and (ii) use Utsavlife’s IP for the sole purpose of promoting Utsavlife’s Services in accordance with these Referral Terms and/or any terms as may be communicated to you in writing (emails included).
You shall not alter, modify, or change Utsavlife’s IP in any way or use Utsavlife’s IP in any manner that is disparaging or that otherwise portrays Utsavlife, any Utsavlife employee, representative or customer in a negative light. You are only entitled to use Utsavlife’s IP in compliance with these Referral Terms, Platform Terms and/or any terms as may be communicated to you in writing (emails included).
Your license to use Utsavlife’s IP shall immediately terminate upon the termination of your participation in the Referral Program for any reason. We reserve all of our rights in Utsavlife’s IP and your license to use Utsavlife’s IP is limited to the manner described herein.
General Terms:
a. Utsavlife reserves the right to modify or cancel the Referral Program in its entirety without prior notice. Similarly, Utsavlife reserves the right to modify, add or delete any of the terms under this Referral Terms at any point of time at its sole discretion without serving any prior intimation. Intimation of any change, modification, addition, deletion in the Referral Terms will be updated on this page or in the relevant section of the Platform.
b. Referral Rewards are non-transferable; non-endurable; non- exchangeable for equivalent amounts of money or anything of value. Utsavlife does not promise/promote to do the same.
Referral Rewards are time-bound, and accordingly the same must be availed within the duration specified on the Platform and/or as communicated to you in writing (emails included).
Utsavlife reserves the right to cancel, revoke, or otherwise prevent the issuance of Referral Rewards in any suspected case of fraudulent use or misuse of this Referral Program. Spam and/or illegal emails are not permitted.
Referral Terms and Conditions – Version 1.0
Last Updated on 16th JANUARY, 2023
Please read the Booking terms and conditions carefully before purchasing/Booking to any of the services, as once you have purchased/Booked you cannot change, cancel your Order. Once you Booked and make the required payment, it shall be final and there cannot be any changes or modifications to the same and neither will there be any refund.
Welcome to Utsavlife! We hope that you have a great experience using our Platform.
These Terms and Conditions (“Terms and Conditions”) set out the terms and conditions for use of http://www.utsavlife.com/ (the “Site”), the mobile application(s) (the “Application”) and any features, subdomains, Service (except as specified hereunder), functionality, products, services (including the Services), media, applications, or solutions offered on or through the Site and/or the Application and/or through any modes, medium, platform or format, including through Secure Digital (‘SD’) cards, tablets or other storage/transmitting device (hereinafter collectively referred to as the “Platform”/ “Utsavlife Platform”).
These Terms and Conditions apply to all users of the Platform, including without limitation, all persons who create and / or make available Services (as defined under the ‘Intellectual Property’ section below) on the Platform (referred to as “Service providers'') and users who access the Platform to Buy service or sell service (referred to as “Customers'') or users who access the Platform otherwise (collectively referred to as “you”, “your”, or “User(s)”). These Terms and Conditions along with the Privacy Policy, Refund Policy, Cookies Policy, Accessibility Statement, the User Guidelines and any other terms and conditions, rules, policies or guidelines included in these Terms and Conditions or Privacy Policy by reference and/or as updated on the Platform or otherwise communicated to you from time to time (including terms and conditions of other third party platforms that may be used or accessed for gaining access to the Platform or using the Services on the Platform (collectively referred to as the “Platform Term(s)”), defines the relationship between you and Utsavlife, and they shall govern your use of the Platform and the Services (defined below) offered therein. Your access to the Platform is subject to your acceptance of the Platform Terms and such acceptance of the Platform Terms forms a legally binding agreement between you and Utsavlife (“Agreement”). Hence, please take your time to read the Platform Terms in their entirety.
From time-to-time, updated versions of the Platform Terms may be made available as aforesaid for your reference. By visiting and accessing the Platform, providing your Personal Information (as defined in the Privacy Policy), using the Services offered or by otherwise signalling your agreement when the option is presented to you, you hereby expressly accept and agree to the Platform Terms. If you do not agree to any of the terms or do not wish to be bound by them, then please do not use the Platform in any manner.
When we speak of “Utsavlife”, “we”, “us”, and “our”, we collectively mean Royal Utsavlife Private Limited – a company incorporated in India and all of its affiliates which have license to host the Platform and offer Services. Kindly refer to the ‘About Utsavlife and the Platform’ section of these Terms and Conditions to know which Utsavlife entity your Agreement will be with.
All capitalized terms are defined/have the meaning assigned to it under these Terms and Conditions. In other words, if you find any word herein that has its first letter capitalized, then it means that we have explained the meaning such word has in the context of these Terms and Conditions and/or the Platform Terms; if not here, then it will be provided in the relevant Platform Terms – when we refer to any such term in these Terms and Conditions, we will try and specify where in the Platform Terms you can find the meaning/definition.
In India, the Platform is owned, managed, operated and offered by Royal Utsavlife Private Limited, a company incorporated under the (Indian) Companies Act, 2013, having its registered office at R -16 Uttam Nagar west metro station Gate Number -1, Metro pillar Number -690 Bikaner wali Gali Delhi 110059, India (“Utsavlife India”). In any jurisdiction other than India, wherever Services are rendered through the Platform, the same is offered by Utsavlife India and / or its affiliates (as relevant pursuant to appropriate intra group contractual arrangements). For knowing with which entity of Utsavlife your Agreement will be, please refer the list in Annexure A below.
Utsavlife Platform is an online service platform enabling Service providers to create and offer Services in various Event including Tent, Decorators, Event planner, Marriage Hall, Catrine, Photographer, Videographer, Musical Group, DJ, Stage Show, Dance Show, Bollywood Dance, Singing Show, Designer, Decorator, etc in a diverse range of categories through various modes and means (“Service Provider Service'') and publish and make available such Service Provider Service to the Customers. Utsavlife acts as an intermediary between the Service providers and Customers [in accordance with the Information Technology Act, 2000, or the Digital Millennium Copyright Act (as amended from time to time)] or other equivalent / similar legislations and makes available the Service Provider Service to the Customers, including through Booking offerings (refer to the Booking Terms below to know more).
Further, Utsavlife may offer certain products/services to you in collaboration with one or more of the Utsavlife Group Platforms (as defined under the Privacy Policy). In such cases, to the extent that such product/services are made available to you through the Platform, the Platform Terms shall continue to apply to you.
For the purpose of the Platform Terms, usage of the terms “Platform Services”/ “Services” shall mean and include all the services referred to in this section and such other products or services as may be offered by Utsavlife.
You agree and acknowledge that Utsavlife has no control over and assumes no responsibility for, the User-generated Service (as defined under the ‘Intellectual Property’ section below) and by using the Platform, you expressly relieve Utsavlife from any and all liability arising from the User-generated Service.
You agree and acknowledge that Utsavlife shall have the right at any time to change or discontinue any Service, product, aspect, or feature of the Platform, including without limitation to, the User-generated Service (to the extent it is permitted to, or required, by virtue of being an ‘intermediary’), its availability and Supported/Compatible device required to access or use the Services. Utsavlife reserves the right to terminate your Booking and / or restrict your access to the Platform, if you choose not to provide / partially provide the requested information.
As a customer, to access the Platform and use certain Services, you will be required to register and create an account on the Platform by providing the requested details.
To register on the Utsavlife Platform you must meet the ‘Age Requirements’ specified hereinbelow. By using the Utsavlife Platform, you, through your actions, affirm that the Age Requirements are met.
You can register on the Platform for free however, certain Services offered on the Platform may be chargeable. Please review the Service offerings on our Site or Application(s). You are not obligated to Booking any product or use any Service offered on the Platform.
Age Requirements to register and use on the Platform (“Age Requirements”):
A Customer who does not fulfil the Age Requirements mentioned above (as may be revised as per applicable laws from time to time) and is desirous of registering on the Platform i.e., if a customer is a “Minor”/ “Child”, then the Customer may use the Platform with the consent of, and under the supervision of, their parent or legal guardian (“Parent”). Accordingly, in such a case, the Parent must agree to the Platform Terms at the time of their registration on the Platform. Please note that minors/children are not by themselves eligible to register on the Platform. When a Minor/Child uses the Platform, we assume that the Parent of such Minor/Child has enabled the Minor/Child’s usage of the Platform by agreeing to the Platform Terms and that such usage is under the supervision of their Parent.
Utsavlife reserves the right to terminate your Booking and / or restrict your access to the Platform, if it is discovered that you do not meet the Age Requirements and/or the consent to register and use the Platform is not obtained as above. You acknowledge that Utsavlife does not have the responsibility to ensure that You conform to the aforesaid Age Requirements. It shall be Your sole responsibility to ensure that the required qualifications are met.
If you are a Service Provider, your access and use of the Platform may additionally be subject to separate agreement(s) with Utsavlife and shall be collectively governed by the terms of such agreement, the Terms and Conditions, other Platform Terms, and such other terms as may be communicated or agreed with the Service Provider from time to time.
Further, the permission given by Utsavlife to access and use the Platform under these Terms and Conditions is subject to the following conditions:
1. You agree not to distribute in any medium any part of the Platform, Service Provider Service or the Utsavlife Service (as defined below) without Utsavlife’s prior written authorization.
2. You agree not to alter or modify any part of the Platform.
3. You agree not to access User-generated Service of any other User through any technology or means other than the User-generated Service you have legitimate access to.
4. You agree not to use the Platform for any of the following commercial uses unless you obtain Utsavlife’s prior written approval:
the sale of access to the Platform;
the sale of advertising, sponsorships, or promotions placed on or within the Platform or Service Provider Service; or
the sale of advertising, sponsorships, or promotions of any third-party page or website.
5. You agree to receive installs and updates from time to time from Utsavlife. These updates are designed to improve, enhance, and further develop the Platform and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Utsavlife to deliver these to you) as part of your use of the Platform.
6. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Platform in a manner that sends more request messages to Utsavlife’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Utsavlife grants the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Utsavlife reserves the right to revoke these exceptions either generally or in specific cases at any time with or without providing any notice in this regard. You agree not to collect or harvest any personally identifiable information, including account names, from the Platform, nor to use the communication systems provided by the Platform, unless otherwise mentioned herein.
7. You may post reviews, comments and other Service; send other communications; and submit suggestions, ideas, comments, questions or other information as long as the Service is not illegal, obscene, threatening, defamatory, invasive of privacy, infringement of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any other form of spam. In other words, ensure that your conduct on the Platform is in accordance with the Platform Terms, including the User Guidelines.
8. In your use of the Platform, you will, at all times, comply with all applicable laws and regulations.
9. Utsavlife reserves the right to discontinue any aspect of the Platform at any time with or without notice at its sole discretion.
You are responsible for maintaining the confidentiality of your account and password to access the Platform. You acknowledge that your account is personal to you and agree not to provide any other person with access to the Platform and to restrict access to your device to prevent any unauthorized access to your account. You agree to accept responsibility for all activities that occur under your account. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your username, password, or other Personal Information. You should take all necessary steps to ensure that the password is kept confidential and secure at all times, and if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner, you agree to immediately change your password or inform us of any unauthorized access to or use of your username or password, so that we are able to help you stop or prevent such unauthorized access. Please ensure that the details you provide us are correct and complete.
You represent that the information provided by you at the time of the registration is correct, true and accurate, and you agree to update the same as and when there is any change in the said information. Please read our Privacy Policy to understand how we handle your information.
Please note that we reserve the right to reject or put on-hold your registration on the Platform as may be required to comply with any legal and regulatory provisions, and also reserve the right to refuse access to the Platform, terminate accounts, remove Service at any time without providing any notice to you, and/or reserve the right to disable any account, feature, or identifiers, whether chosen by you or provided by us, at any time if, in our opinion, the said identifiers or you have violated any provision of the Platform Terms.
Further, to access the Platform, create, publish and/or view the User-generated Service on the Platform, you will need to use a “Supported/Compatible Device” which means a personal computer, mobile phone, portable media player, or other electronic device that meets the system and compatibility requirements and on which you are authorized to operate the Platform. The Supported/Compatible Devices to access the Platform and/or avail the Services may change from time to time and, in some cases, whether a device is (or remains) a Supported/Compatible Device may depend on software or systems provided or maintained by the device manufacturer or other third parties. Accordingly, devices that are Supported/Compatible Devices at one time may cease to be Supported/Compatible Devices in the future. Thus, kindly make sure that the device that you use is compatible with our system/software to use the Platform and avail the Services offered therein.
For Customers, Utsavlife does not charge any price for Booked Service creation. However, certain Services offered by Utsavlife may be chargeable. Accordingly, access to certain Services and features is offered by Utsavlife through a multi- tiered paid Booking plan(s) or purchases; the details of the Services and applicable features along with their corresponding prices can be found on our Site and/or Application (“Booking”/ “Booking Service''). You can Book service by following the instructions you encounter as you navigate through the Platform.
The terms that are applicable to Your Booking of Service(s) -
Booking of a Service will allow you access only to the Service available under the category of Service for which you have Booked the Service.
The Services offered, and the validity/term of your Service (“Booking Period”) may vary depending on the plan you may Booking. Hence, before you proceed to Book any Service, please read and understand the details of the Service(s) you intend to Booking on the Platform. If you are unclear about any part of the Service offering or need further clarification, then please feel free to write to us prior to your Booking at the email address provided in the ‘Contact for User Support/Queries’ section below.
We may personalize Services and feature them as part of Bookings, including showing you recommendations on Service in the subscribed category, and other related categories that might be of interest to you. We also endeavour to continuously improve the Booking offerings to improve your Platform experience.
The Service is of a personal nature and is solely for the benefit of the person and is not allowed to be resold by you or transferred to or shared with any other person for consideration or otherwise. In the event we get to know that any User has resold / transferred / shared Booking with another person, then Utsavlife retains the right to cancel/terminate the Booking forthwith.
Due to the limitations, if any, imposed on us by our Service providers (who own the Service Provider), the Service Provider we make available to you under any Booking offering are subject to restrictions on viewing access and on the length of time we make them available to you. These restrictions may change over time as we add new features, devices and Service to our Booking Service. Illustratively, following are some of the restrictions that are applicable to your access to the Service (made available through Booking Service or otherwise):
Depending on the Booking Service you have Booked, you may be given access to certain additional Services and features. The additional terms applicable to each of these additional Services may be made available to you on the Platform in the form of terms and conditions or FAQs (Frequently Asked Questions) for that specific Service or may be otherwise communicated to you. Hence, please be sure to go through the Platform Terms to understand the additional services, if any made available to you, and how you can avail the same.
1. Pricing and Payments: You can Book a Service of your choice for any category(ies) of Service by following instructions on the Platform and making the payment applicable for the Booking you intend to Book.
Please read the below terms applicable for the Book of your Platform Booking. The below terms are to be read with any other terms communicated to you at the time of Booking of your Booking:
a. You agree to pay all Booking prices and charges that are attributable to your account on the Platform and that you are solely responsible for payment of these prices and charges. The Bookings are payable in full and in advance and are valid until the completion of the applicable Booking Period or until otherwise cancelled or terminated in accordance with the terms of this Agreement.
b. If you have specifically authorized us, then the payments for the applicable Bookings are automatically charged at the beginning of each billing period, unless you withdraw your authorization or submit a cancellation request to us directly through your account prior to the start of the billing period or in writing via email to the address specified in the ‘Contact for User Support/Queries’ section below. The payment for your Booking will be charged upon the anniversary of its billing period if the payments for Booking are in more than a single tranche. Subject to your specific authorization and applicable laws, you agree that Utsavlife may charge any recurring service to the credit card or debit card or account that you provide/link at the time of your first Booking of the Booking or as updated by you through your account on the Platform, provided such updating takes place prior to upcoming billing period.
c. If you have not completed payments for your Bookings, we may restrict / suspend your booked service(s). until it becomes current and paid in full.
d. We reserve the right to pursue the price owed to us using collection methods which may include charging other payment methods on file with us and/or retaining collection agencies or legal counsel.
e. The entity within the Utsavlife group to which your payments will be made will be on the basis of Annexure 1.
f. Your payments to Utsavlife shall be subject to applicable taxes including without limitation Goods and Service Taxes (GST) and Value Added Taxes (VAT) or other similar taxes as may be applicable in your country of residence/from where you have created your account on the Platform/ Booking the underlying Bookings.
g. We reserve the right to change/revise the pricing of the Bookings. For existing Bookings for which the applicable prices have been already received by us, we will implement the price changes during the next billing period.
h. We further reserve the right to offer custom plans and pricing (including discounts and / or special offers) in addition to what is offered on the Platform, which include offering custom billing and payment terms, that are different from our standard terms.
i. We use third-party payment gateways and/or aggregators to process payments applicable to the Services offered by us. Third-party payment gateway(s) made available to you may vary depending on the Booking you choose. Similarly, we have also enabled integration of third-party payment providers to facilitate better payment options to you, which may vary depending on your territory or the Booking you choose. Third-party payment gateways/aggregators and third- party payment providers shall collectively be referred to as “Third-Party Service Providers”.
Third-Party Service Providers may also charge you prices to use or access their services and may require your Personal Information to complete any transaction for the Platform. Further, to facilitate completion of your payments to us through the Platform or avail the payment options provided to you, you may be redirected to an external website operated by the Third-Party Service Provider. We cannot and do not (i) guarantee the adequacy of the privacy and security practices employed by or the Service and media provided by the Third-Party Service Provider or its respective websites or (ii) control collection or use of your Personal Information by such Third-Party Service Provider. Hence, prior to using any services offered by a Third-Party Service Provider, we suggest that you read their terms and conditions, privacy policy and other policies that may apply, to understand their terms of usage and to understand how your Personal information is being processed. Utsavlife is not affiliated to any Third-Party Service Provider and neither Utsavlife nor any of the Third-Party Service Providers are agents or employees of the other.
Further, pursuant to the payment option you may choose, you may be required to enter into a separate agreement with the relevant Third-Party Service Provider. This agreement with the Third-Party Service Provider is an independent contract/agreement between you and such Third-Party Service Provider and Utsavlife shall in no manner be a party to the same. Utsavlife is only facilitating various payment options to you and is not offering the payment by itself in any manner.
j. You agree that you are solely responsible for all charges that occur through such Third-Party Service Providers and acknowledge and agree to indemnify, defend, and hold harmless Utsavlife, its licensors, their affiliates, and their respective officers, directors, employees, and agents from any loss arising out of or related to the use of the Platform or any Bookings made through the Platform. This obligation will survive your use of the Platform and termination of your Agreement with us. For purposes of the Platform Terms, “Loss” means all losses, liabilities, damages, awards, settlements, claims, suits, proceedings, costs, and expenses (including reasonable legal prices and disbursements and costs of investigation, litigation, settlement, judgment, interest, and penalties). Utsavlife shall not be liable to you for any claims arising out of any act or omission on the part of the Third-Party Service Provider(s) including, but not limited to, any lost, stolen, or incorrectly processed payments. Utsavlife expressly disclaims any responsibility and liability for all services provided by the Third-Party Service Provider(s).
k. Please note that all Booking payments are collected by Utsavlife only through the Platform and not through any third parties (except Third-Party Service Provider(s)). We do not usually authorize any third party (except Third-Party Service Provider(s)) to collect monies on our behalf; however, if we have authorized any third party then such third party will have received a written authorization from Utsavlife either by way of any agreement or an authorization letter. Kindly verify with such a third party before you make any payments to them, alternatively, you can always check with us by writing to us at the email address provided under the ‘Contact for User Support/Queries’ section below.
l. Further, Utsavlife is solely authorized to offer discounts / offers, if any, on the Booking prices. These discounts / offers are communicated on the Platform or via direct communication to you from Utsavlife via email, SMS, phone, or such other means of communication, and can be availed only through the Platform, unless otherwise specifically communicated by Utsavlife. Other than Utsavlife, no person, including without limitation, Service providers or any third-party platform, are allowed to offer any discounts on the Booking prices offered on the Platform. Utsavlife shall not be liable for any claims arising from such unauthorized discounts / offers offered by any person (including any third- party platform or Service Provider), other than Utsavlife.
2. Cancellation and Refund Policy:
You may cancel your booked service through your account on the Platform. However, please note that the cancellation will become effective at the end of the then-current billing period; in other words, we will not renew your booked Service, but the existing Booked service will continue until the end of its billing period and there shall be no refund of the price already paid for the same, unless otherwise specified in the Refund Policy. So, please read these terms and conditions and the Refund Policy carefully before purchasing any Service.
When you cancel your Booking, Utsavlife may disable access to features made available to you upon your Booked service, while your account may continue to exist on the Platform.
Subject to the Platform Terms, Utsavlife hereby grants you a non- exclusive, non-transferable, non-sublicensable, limited license to access and use the Utsavlife Platform for your own personal, non-commercial and private use on an ‘as is’ basis in accordance with these Terms and Conditions and other Platform Terms.
Subject to payment of the Booking price, and your compliance (as a customer) with all Platform Terms, Utsavlife and the Service providers grant you (as a customer) a non- exclusive, non-transferable, non-sublicensable, limited license, during the applicable Booking Period, to access and view the Service, non-commercial, private use only, in accordance with the Platform Terms.
If you are a Service Provider, Utsavlife grants you a limited, non-exclusive, non- transferable, non-sublicensable license to access and use the Platform for Your own personal and commercial use in accordance with these Platform Terms and any other agreement(s) that may be executed between you (as a Service Provider) and Utsavlife (as applicable). Except as expressly permitted by Utsavlife under these Platform Terms or otherwise in writing to you, you will not reproduce, duplicate, copy, sell, redistribute, create derivative works or otherwise exploit the Platform or any portion of the Platform (including but not limited to any copyrighted material, trademarks, or other proprietary information).
Except as expressly permitted under any of the Platform Terms or otherwise in writing, you will not reproduce, duplicate, copy, sell, redistribute, create derivative works or otherwise exploit the Platform or any portion of the Platform (including but not limited to any copyrighted material, trademarks, or other proprietary information).
1. As a User, you may submit User-generated Service (as defined under the ‘Intellectual Property’ section below) on the Platform. However, you must understand that Utsavlife does not guarantee any confidentiality with respect to any User-generated Service you submit.
2. You shall be solely responsible for your own User-generated Service and the consequences of submitting and publishing such Service on the Platform. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish the User-generated Service that you submit. You further agree that User-generated Service you submit on the Utsavlife Platform will not contain third party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material, or you are otherwise legally entitled to post the material and to grant Utsavlife the necessary license and rights required under the Platform Terms. You shall solely be responsible for all claims in respect of your User-generated Service published on the Platform.
3. For clarity, you retain your ownership rights in your User-generated Service. However, you grant a limited license to Utsavlife to make available the User-generated Service on the Platform. Please read the ‘Intellectual Property’ section below to know the exact nature of license and rights you grant to Utsavlife.
4. Furthermore, you confirm that you shall not host, display, upload, modify, publish, transmit, store, update or share User-generated Service or any information on the Platform that:
a. belongs to another person and to which you do not have any right;
b. is defamatory, obscene, pornographic, invasive of another’s privacy including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;
c. is harmful to a child;
d. infringes any patent, trademark, copyright or other proprietary rights of another;
e. violates any law, statue, ordinance or regulation or Platform Terms;
f. deceives or misleads any User about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
g. impersonates another person;
h. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting other nation;
i. contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;
j. is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;
k. False, inaccurate or misleading;
l. obscene or contain pornography;
m. Contain any viruses, trojan horses, worms, cancelbots or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or Personal Information.
5. Your conduct on the Platform shall strictly be in accordance with the User Guidelines and other Platform Terms.
6. You understand that as a User you may interact with Minors/Children (refer to ‘Right to Access and Account Creation’ section above) on the Platform; accordingly, you shall make yourself fully aware of our Minor & Customer Interaction Guidelines and conduct yourself in accordance thereof.
7. You understand and confirm that you shall not during your use of the Utsavlife Platform at any time post or publish any Service, comments or act in any way which will amount to harassment of any other User. If at any given point it comes to Utsavlife’s notice that you have engaged in any kind of harassment of other Users, then in such a case you agree that Utsavlife shall have the sole right to suspend/terminate your account with immediate effect and without any notice of such suspension or termination and we also reserve the right in our sole discretion to initiate any legal proceedings against you in such cases.
8. Utsavlife does not endorse any User-generated Service submitted on the Utsavlife Platform by any User, or any opinion, recommendation, or advice expressed therein, and Utsavlife expressly disclaims any and all liability in connection with User-generated Service. Utsavlife does not permit copyright infringing activities and infringement of intellectual property rights on the Utsavlife Platform, and Utsavlife will remove all User-generated Service if properly notified that such User-generated Service infringes on another’s intellectual property rights in line with its obligations as an ‘intermediary’. Utsavlife reserves the right to remove User- generated Service without prior notice if it has reason to believe that the User- generated Service is violative of these Terms and Conditions. Please refer to the Takedown Policy and ‘Copyright, Trademarks and other Intellectual Property Rights ‘section below to understand the process to notify Utsavlife about any infringing Service and the process of takedown of infringing Service followed by Utsavlife.
9. You shall not engage in any activity that increases/optimizes the User views on any particular Service Provider; these activities, without limitation, include creating multiple fake accounts as Customers, either by yourself or through a third-party.
10. You shall not engage in any activity that will negatively impact Utsavlife and/or other Users of the Platform, including without limitation, activities that involve screen- recording, screen-casting or downloading on any other device of any Service Provider Service (live or recorded) in any manner that is not directly facilitated as feature within the Platform and/or sharing or otherwise publishing such screen-recorded Service on third-party platforms, either for a cost or otherwise. If Utsavlife becomes aware of your engagement, either by yourself or through a third-party, in any such activity, then Utsavlife may immediately terminate your or such User’s access / Booking along with termination and removal of access to all downloaded Service with a right to initiate appropriate legal action, at the sole discretion of Utsavlife.
When you visit the Platform, you are communicating with us electronically. You may be required to provide a valid phone number while creating any account with us or while enrolling or purchasing any Service. We may communicate with you by e- mail, SMS, phone call or by posting notices on the Platform or by any other mode of communication. By providing your information you authorize Utsavlife, its affiliates, and their respective employees, agents, and contractors to initiate electronic communications by email, telephone calls, or such other mode of communication with respect to your use of the Platform and regarding the products and services offered by Utsavlife and its affiliates. These communications may be made by or on behalf of Utsavlife, even if your phone number is registered on any state or federal do not call list. Telephone calls may be recorded. You acknowledge that your telephone operator and/or internet service provider may have levied certain charges on you vis-à-vis your communications with Utsavlife as it constitutes availing their services, and you agree to be responsible for all such charges, and Utsavlife will not be responsible for any such charges. Do not submit your information if you do not consent to being contacted by telephone, text, email or such other mode of communication. Further, you will always have an option to unsubscribe / opt out from any promotional communications sent by Utsavlife and / or its affiliates either by following the relevant instructions that may be communicated via text, email or such other mode of communication in which you received a promotional communication or by disabling the options provided within your account on the Platform.
Please note that –
1. If you opt out of promotional communications, we may still send you transactional communications, such as service announcements, administrative and legal notices, and information about your account, without offering you the opportunity to opt out of these communications. If you no longer wish to use our Platform or receive any communications from us (except for those that are legally required), then you may delete your account by either writing to us at the email address provided under ‘Contact for User Support/Queries ‘section below by using the option enabled within the Platform; and
2. opting out of promotional communications only affects future communications from us. If we have already provided your information to a third party (as stated in our Privacy Policy) before you changed your preferences or updated your information, you may have to change your preferences directly with that third party.
3. We do not sell your Personal Information to third parties, and we do not use your name or name of your company in marketing statements without your consent.
Further, in respect of interactions between Users - Utsavlife is only an intermediary and does not monitor any of the interactions that take place between Users on the Platform, but Utsavlife has clearly laid out the terms and guidelines a User must follow in their conduct on the Platform as part of the Platform Terms; and if Utsavlife receives from any User a complaint of misconduct against you, in any form, or if Utsavlife otherwise deems necessary, Utsavlife reserves the right to suspend or terminate your access to any the Platform or any part thereof at any time, with or without giving any notice or reason.
You acknowledge that any User-generated Service (including without limitation any Service Provider Service, chats, postings, or materials posted by the Users) posted by you on part of the Platform, is neither endorsed nor controlled by us. You further understand and agree that you shall be solely responsible for any User-generated Service published by you on the Platform, including its legality, reliability, accuracy, and appropriateness, and shall be solely liable for the consequences of its publication. You represent and warrant that you own and control all rights in and to any User-generated Service uploaded by you on the Platform, or that you have the necessary licenses or permissions or are legally entitled to use and reproduce such User-generated Service on the Platform.
All our collection, processing, sharing and storing of any Personal Information collected from you shall be in accordance with our Privacy Policy. Kindly read the same to understand the security measures undertaken by Utsavlife to safeguard your Personal Information. Should you have any queries in respect of the same, please feel free to write to us at info@utsavlife.com.
1. User-generated Service: You shall remain the sole owner of any Service uploaded or published or submitted or posted by you on the Platform, including without limitation, the Service published by you as a Service Provider and/or any text, image, media, written statements or other Service posted or published by a User anywhere on the Platform including without limitations in the comments section (“User-generated Service”)and Utsavlife does not claim any ownership over any User-generated Service uploaded/published by any User on the Platform.
By submitting the User-generated Service on the Platform, you hereby grant Utsavlife a limited, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, share, display, publish, retain, make available online and/or electronically transmit such User-generated Service as well as technical information collected via the Platform to the extent necessary (i) to provide the Platform and our Services; (ii) to perform our obligations under the Platform Terms and other written agreement with the User; (iii) to provide, monitor, correct, and improve the Platform and Services related thereto; (iv) for the Utsavlife Platform and Utsavlife’s (and its successors’, subsidiaries and affiliates’) business, including without limitation for promoting and redistributing part or all of the Utsavlife Platform in any media formats and through any media channels; (v) to de-identify User data such that there is no reasonable basis to believe that the information can be used, alone, or in combination with other reasonably available information, to identify any individual or to identify User as the source of such data; (vi) to aggregate User data with other data; and (vii) to comply with applicable laws. However, please note that we will never disclose aggregated or de-identified information in a manner that could identify you as an individual, and all your information shall be processed in accordance with our Privacy Policy.
You also hereby grant each User of the Platform a limited, non-exclusive license to access your User-generated Service through the Platform.
2. Utsavlife Service: Utsavlife and / or its affiliates own all information and materials (in whatever form or media) provided or communicated to you by or on behalf of Utsavlife including but not limited to, the Platform, illustrations, letters, images, ideas, concepts, the layout, design, flow, look and price of the Platform, logos, marks, graphics, audio files, video files, any software which is owned by or licensed to Utsavlife and / or its affiliates, the underlying source and object code, instructions embedded in any form of digital documents and other data, information, or material made available to you by Utsavlife (“Utsavlife Service”). Utsavlife Service specifically excludes any Service uploaded by the Users, including without limitation, any User-generated Service on the Platform. Utsavlife Service, including its trademarks, will not be used, modified, or altered by you in any way. You acknowledge and agree that you do not acquire any ownership or rights to the Utsavlife Service or the Platform by use of the Platform. You acknowledge and agree that the Utsavlife Service is protected by the copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws and any unauthorized use, reproduction, modification, distribution, transmission, republication, display or performance of the Utsavlife Service and any component thereof is strictly prohibited.
You confirm and undertake not to utilize any data mining tools, robots, or similar data gathering and extraction tools to extract for re-utilization of any substantial parts of this Platform, without Utsavlife’s express prior written consent.
If any User(s) submits suggestions, ideas, comments, or questions containing product priced-back about the Platform or any of the Services, either through the Platform or otherwise (“Priced-back”), then such User(s) grants Utsavlife and its affiliates a worldwide, non-exclusive, royalty-free, perpetual, and irrevocable right to use (and full right to sublicense), reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, and display such Pricedback in any form. Users shall have no intellectual property right in the Platform as a result of Utsavlife’s incorporation of their Priced-back in the Platform.
At Utsavlife, we respect the intellectual property of others just as much ours and, hence, if you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement of your intellectual property (including your copyrights and trademarks), then kindly write to us at info@utsavlife.com with complete details as required under Takedown Policy. If Utsavlife has knowledge of or has any reason to believe that any User-generated Service on the Platform violates the intellectual property rights of Utsavlife or other Users, then we reserve the right to remove access to such Service in accordance with takedown practices specified in Takedown Policy.
If Utsavlife has knowledge of or has any reason to believe that any User-generated Service on the Platform violates the intellectual property rights of Utsavlife or other Users, then we reserve the right to remove access to such Service in accordance with takedown practices specified in Takedown Policy.
Utsavlife does not monitor or have any control over or does not warrant, and makes no claim or representation regarding the accuracy, completeness, or usefulness of any User-generated Service provided on the Platform by its Users and accepts no responsibility for reviewing changes or updates to, or the quality, Service, policies, nature or reliability of, such User-generated Service. Utsavlife disclaims all liability and responsibility arising from any reliance placed on such materials by you. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other Service, other than the Utsavlife Service, are solely the responsibility of the User providing those materials.
In respect of the entire Platform, Utsavlife reserves the following rights:
1. Utsavlife reserves the right to put on-hold or reject or suspend or terminate your registration on the Platform for the purpose of complying with the legal and regulatory requirements.
2. Utsavlife reserves the right to remove you and/or the User-generated Service without notice if you violate any provisions of the Platform Terms.
3. Utsavlife may modify, terminate, or refuse to provide Services at any time for any reason, without notice.
4. Notwithstanding anything contrary stated in the Platform Terms, in its sole discretion, Utsavlife may remove anyone from the Platform at any time for any reason.
5. Utsavlife reserves the right to access your account and/or the User-generated Service in order to respond to requests for technical support, to maintain the safety and security of the Platform, legal purposes and for other legitimate business purposes, as necessary, in Utsavlife’s discretion.
6. Utsavlife has no obligation to monitor any Service that appears on the Platform or review any conduct occurring through the Platform, including any interactions between Users, however, if Utsavlife receives notice or becomes aware of, any violation of the Platform Terms, then, Utsavlife reserves the right to refuse your access to the Platform, terminate accounts or remove such violating Service at any time without notice to you.
Your access to the Platform may occasionally be suspended or restricted to allow for repairs, maintenance, or due to the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction. You agree that Utsavlife will not be liable for any losses that may be incurred by you if for any reason all or part of the Platform is unavailable at any time or for any period for use.
As a Customer, you may delete your account at any time by either writing to us at the email address provided under ‘Contact for User Support/Queries’ section below or by using the delete option provided within your account on the Platform (if available). If your account is deleted (regardless of the reason), you will no longer have access to your account on the Platform and your User-generated Service may no longer be available; any deletion once processed is irrecoverable. Utsavlife is not responsible for the loss of your information and/or User-generated Service upon deletion and Utsavlife shall not be liable to any party in any way for the inability to access User-generated Service arising from any deletion. Please note that all accounts will remain active unless you explicitly ask us to delete it, and applicable Booking payments shall continue to be deducted until cancelled by you or until your account is deleted on your request (as stated in the ‘Pricing and Payments’ section above) or otherwise terminated in accordance with the Platform Terms
Please note that we may not be able to delete all communications or photos, files, or other documents publicly made available by you on the Platform, however, we shall anonymize your Personal Information (as defined in the Privacy Policy) in such a way that you can no longer be identified as an individual in association with such information made available by you on the Platform. We will never disclose aggregated or de-identified information in a manner that could identify you as an individual.
If you are a Service Provider, your access and use of the Platform may be subject to a separate agreement with Utsavlife and shall be collectively governed by the terms of such agreement, the Terms and Conditions and other Platform Terms.
YOU AGREE THAT THE PLATFORM, SERVICE, AND ALL MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND YOUR USE OF THE PLATFORM SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, UTSAVLIFE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM AND EXCLUDE ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PLATFORM AND YOUR USE THEREOF. TO THE FULLEST EXTENT PERMITTED BY LAW, UTSAVLIFE EXCLUDES ALL WARRANTIES, CONDITIONS, TERMS OR REPRESENTATIONS ABOUT THE ACCURACY, SECURITY, RELIABILITY, QUALITY, AVAILABILITY OR COMPLETENESS OF THE PLATFORM, USER-GENERATED SERVICE ON THE PLATFORM, OR THE SERVICE OF ANY SITES SO LINKED AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF USER-GENERATED SERVICE OR ANY SERVICE ON THE PLATFORM, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PLATFORM, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY USER-GENERATED SERVICE OR ANY OTHER SERVICE OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY USER- GENERATED SERVICE OR ANY OTHER SERVICE THAT IS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM AS UTSAVLIFE IS STRICTLY AN INTERMEDIARY AS UNDER THE INFORMATION TECHNOLOGY ACT, 2000. UTSAVLIFE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY USER- GENERATED SERVICE OR THE PLATFORM ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PLATFORM OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND UTSAVLIFE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF USER-GENERATED SERVICE OR SERVICES. AS WITH THE BOOKING OF A SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL UTSAVLIFE, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, LOSSES OR EXPENSES OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF USER-GENERATED SERVICE OR ANY OTHER SERVICE AVAILABLE AT UTSAVLIFE, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR UTSAVLIFE PLATFORMS, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE UTSAVLIFE PLATFORM, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR UTSAVLIFE PLATFORMS BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY USER-GENERATED SERVICE OR ANY OTHER SERVICE OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY SERVICE POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE UTSAVLIFE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT UTSAVLIFE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WE UNDERSTAND THAT, IN SOME JURISDICTIONS, WARRANTIES, DISCLAIMERS AND CONDITIONS MAY APPLY THAT CANNOT BE LEGALLY EXCLUDED, IF THAT IS TRUE IN YOUR JURISDICTION, THEN TO THE EXTENT PERMITTED BY LAW, UTSAVLIFE AND ITS AFFILIATES LIMIT THEIR LIABILITY FOR ANY CLAIMS UNDER THOSE WARRANTIES OR CONDITIONS TO SUPPLYING YOU THE UTSAVLIFE PLATFORM AGAIN.
YOU SPECIFICALLY ACKNOWLEDGE THAT UTSAVLIFE SHALL NOT BE LIABLE FOR USER- GENERATED SERVICE OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
THE UTSAVLIFE PLATFORM IS CONTROLLED AND OFFERED BY UTSAVLIFE AND / OR ITS AFFILIATES DEPENDING UPON YOUR JURISDICTION. UTSAVLIFE MAKES NO REPRESENTATIONS THAT THE UTSAVLIFE PLATFORM IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE UTSAVLIFE PLATFORM FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Utsavlife, its affiliates, their respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s prices) arising from: (i) your use of and access to the Utsavlife Platform; (ii) your violation of any term of the Platform Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) any claim that your User-generated Service caused damage to a third party; or (v) violation of any applicable laws. This defence and indemnification obligation will survive these Terms and Conditions and your use of the Utsavlife Platform.
You hereby expressly release Utsavlife, its affiliates and any of their respective officers, directors, employees and agents from any cost, damage, liability or other consequence of any of the actions/inactions of any third-party vendors or service providers and specifically waive any claims or demands that you may have in this behalf against any of Utsavlife, its affiliates and any of their respective officers, directors, employees and agents under any statute, contract or otherwise
The applicable law and jurisdiction is dependent upon which entity forming part of the Utsavlife group is offering you the Platform and the Services, which in turn is dependent upon the Booking chosen by you. Illustratively, Services provisioned in respect of Bookings pertaining to India, Utsavlife India shall be the entity rendering the Services and, accordingly, the Agreement shall be governed by and construed in accordance with the laws of India; and you agree, as we do, to submit to the exclusive jurisdiction of the courts at Bangalore, Karnataka, India. Similarly, Services in respect of Bookings pertaining to US shall be rendered by Utsavlife Inc. and, accordingly, in such cases, the Agreement shall be governed by and construed in accordance with the laws of State of Delaware, U.S.A. and you agree, as we do, to submit to the exclusive jurisdiction of the courts at State of Delaware, U.S.A.
1. Legal Notices: In the event of any other disputes or claims arising from the use of the Utsavlife Platform, please get in touch with us at info@utsavlife.com
2. Modification, Amendment or Termination: Utsavlife may, in its sole discretion, modify or revise the Agreement and policies at any time, and you agree to be bound by such modifications or revisions. Your continued use of the Platform post any modification of the Agreement shall be taken as your consent and acceptance to such modifications. Nothing in the Agreement shall be deemed to confer any third-party rights or benefits. You are advised to check our Platform frequently to see recent changes and to keep yourself updated with the most recent updates.
3. Force Majeure: Utsavlife shall not be liable for failure to perform, or the delay in performance of, any of its obligations if, and to the extent that, such failure or delay is caused by events substantially beyond its control, including but not limited to acts of God, acts of the public enemy or governmental body in its sovereign or contractual capacity, war, terrorism, floods, fire, strikes, epidemics, civil unrest or riots, power outage, and/or unusually severe weather.
4. Miscellaneous: If any part of the Agreement is found to be unlawful, void or unenforceable, that part of the Agreement will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Any notice required to be given in connection with the Platform shall be in writing and sent to the registered office of Utsavlife. We do not guarantee continuous, uninterrupted or secure access to the Platform, and operation of the Platform may be interfered by numerous factors outside our control. Headings are for reference purpose only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to any breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
For queries relating to Services offered by Utsavlife, please write to us at info@utsavlife.com
If you have concerns or queries regarding the Platform Terms, you may write to us by email at info@utsavlife.com or by post to:
Utsavlife Private Limited
R- 16, Uttam Nagar west metro station Gate Number 1,
Metro pillar Number 690, Bikaner vali Gali, New Delhi 110059, India.
All Services offered on the Platform other than those offered under the ‘International Goals’ section on the Platform are provisioned by Utsavlife Private Limited (Utsavlife India), R- 16, Uttam Nagar west metro station Gate Number 1, Metro pillar Number 690, Bikaner vali Gali, New Delhi, India 110059.
Terms and Conditions – Version 1.0
Last Updated on 16th JANUARY, 2023
We at Utsavlife strive to ensure that our Users have a conducive all types of Services are available for any kind of event and celebration, which includes interactions between the Customers to allow the flow of Service and exchange of ideas.
Keeping the interactive nature of the Platform in mind it is essential to ensure that the Platform is not misused in any way that would warrant any User having a less than amazing experience and following the guidelines we have given below would be a great way to do that. You as a User may come across content that you feel is inappropriate, and we have provided means by which you can report or flag such content, but do keep in mind that the reporting option should be used judiciously and if you have any doubts, i.e. if the content is inappropriate please go through the guidelines to make an informed decision.
Additionally, these guidelines are to be read along with all the other policies on the Utsavlife platform including but not limited to our Terms and Conditions and Privacy Policy.
Harmful or dangerous content:We at Utsavlife believe the Platform is a safe space for users and service providers alike and would like your help in ensuring that it remains so. Keeping this in mind any content which incites or promotes violence that may cause physical or emotional harm or endanger the safety of any individual is expressly prohibited on the Platform. Content that requires references to harmful or dangerous acts solely for service purposes are allowed. The sale and promotion of any regulated or illegal goods is not allowed. The Platform is to be used only for the permitted uses as detailed under the Terms and Conditions.
Hateful content: We realise that there may be instances when there are exchange of ideas and opinions which is essential in the service process, while we agree that individuals have the right to voice their opinion, we do not encourage or tolerate any hate speech. Hate speech is any content where the sole objective is inciting hatred against specific individuals or groups with respect to but not limited to race or ethnic origin, country caste, religion, disability, gender, age, sexual orientation/gender identity etc.
Violent and graphic content:Utsavlife is a service provider Platform and the content uploaded is restricted to hate rate content alone, content that is violent or graphic is prohibited. You are requested to ensure that if there are references being made to violent or graphic situations of instances, it should solely be for service purposes. Content whose sole objective is to sensationalise, shock or disturb individuals is not allowed. Utsavlife does not allow any content related to terrorism, such as content that promotes terrorist acts or incites violence, is not to be uploaded on the Platform in any manner.
Harassment and bullying: Utsavlife Platform is used by many users on a daily basis and it is important to be respectful and kind to your fellow users. We do not tolerate any form of harassment or bullying on the Platform and strive to keep the Platform a safe space to foster service. Harassment in this case would include but not be limited to abusive videos, comments, messages, revealing someone’s personal information, including sensitive personally identifiable information of individuals, content or comments uploaded in order to humiliate someone, sexual harassment or sexual bullying in any form.
Spam:Posting untargeted, unwanted and repetitive content, comments of messages with an intention to spam the Platform and to drive traffic from the Platform to other third-party sites is in direct violation of our Terms and Conditions. Posting links to external websites with malware and other prohibited sites is not allowed. The use or launch of any automated system in any manner that sends more request messages to Utsavlife’s servers in a given period of time that is more than a human can reasonably produce using a conventional on-line web browser is prohibited and you can take a look at our Terms and Conditions for more details on the same including exceptions to this prohibition to public search engines.
Misleading metadata: Misuse of title, description, tags, thumbnail and bios and other features which constitutes the Metadata on the Platform is not allowed. Using these features to trick or circumvent our search algorithms is prohibited
Scams: Any content uploaded/posted in order to trick others for their own financial gain is not allowed and we at Utsavlife do not tolerate any practices of extortion or blackmail either.
Copyright: Please refer to our copyright policy provided in our Terms and Conditions to know more about proprietary information relating to User Content and Utsavlife Content.
Privacy violation: Kindly refer to our Privacy Policy given here to know how to protect your privacy and respect the privacy of other users. If you believe that your privacy has been violated is any manner where a user has knowingly or unknowingly disclosed any information on the Platform be sure to reach out to the User and if that is not possible, please feel free to approach us at any-time so we can take the necessary steps to remove the content.
Impersonation: Impersonating another person is not permitted while using the Utsavlife Platform. In this case impersonation would mean the intention to cause confusion regarding who the real person is by pretending to be them. This can be done by means of using names, images, documents, certificates etc. not belonging to you or not used to identify you. Pretending to be a company, institute, group etc.by using their logo, brand name or any distinguishing mark would also amount to impersonation and could also be a potential trademark infringement.
Interaction with Utsavlife:At Utsavlife offices we treat each other with respect and have a healthy and supportive work environment. We believe in hands-on interaction with our users to help them navigate and gain the maximum benefit from the platform. Should you find yourselves interacting with any person from Utsavlife please ensure that you maintain the same decorum you would while using this Platform. We do not encourage any communication with Utsavlife employee of staff that is hateful, abusive or sexually suggestive in any manner.
We have reporting tools available on the platform where you can report any content that you believe falls under the ambit of any of the prohibited acts, violative of any intellectual property rights or spam. The report option is made available for the videos as well as the comments, please ensure that you are certain that there is an issue before you report and do not make false complaints or allegations. You can write to us at info@utsavlife.com for any additional support, but to ensure that the Platform remains a safe serviceable space we suggest you use the in-built reporting tools made available.
Tips on Do’s & Don’ts: Here are a few tips from us on how to use the platform in a safe manner:
Keep your login credentials a secret and do not reveal your password or ID to anyone.
Create a strong password to ensure that your account is not compromised, here are some tips to ensure that your password is strong:
Your password should be at least eight characters in length, combine numbers and letters, and not include commonly used words.
Select a word or acronym and insert numbers between some of the letters.
Include Special characters.
Mix capital and lowercase letters.
Don't reuse passwords associated with any other type of account.
Log out of all devices to ensure that your login credentials are secure.
Register with our phone number in order to ensure you have a back-up in case you forget your login details.
Do not reveal any personal information about yourself to anyone online, additionally do not meet someone you have a conversation with online in person, this could be a potentially dangerous act and you might be compromising your safety.
If you are below the age of 18, and want to use the platform, a parent or guardian can create an account on your behalf. Persons below the age of 18 are not allowed to have individual accounts without the consent of a parent or guardian.
If you have content on your profile or video that would confuse persons as to who the video or content belongs to or leads users to believe that you have been endorsed or sponsored by another person, then the trademark of such person might have been infringed. If we receive any complaints or reports regarding the same, we may remove the content, if supported with relevant evidence.
If you are a trademark or copyright owner and believe that your intellectual property right is being infringed, please note that you have the option of reporting the same. However, Utsavlife is not at a position where they can mediate such disputes and we disclaim any liability for the same. If we receive an infringement complaint that is genuine, we may remove the content in question and serve a warning to the alleged infringer. We also suggest that before reporting the issue, both parties try to solve the disputes directly with the user who posted the content.
If you see any content that you feel is inappropriate and violates the guidelines given here, please report the content.
If you encounter a video that you believe violates the privacy of an individual or violates your privacy, please report the same, we shall initiate action accordingly as we have a strict privacy policy. If you report any content for violation of privacy, the content will be removed only if the information, images or date is clearly identifiable.
In the event a fellow user harasses you or you believe that someone is being harassed on the platform you can report the user or content. You may even write to us at info@utsavlife.com for any further help or assistance.
When posting videos or lessons on the platform, always ensure that the information is correct, the content itself does not belong to a third party and that it is free from any of the prohibited acts in these guidelines. Always ensure that the personal information of a person or even your own personally identifiable information is not disclosed while posting any content on the platform, this would be in violation of our Privacy Policy. You will be personally held responsible for your actions on the Platform, thus please ensure that any content that you post including comments does not hurt the sentiments of any group or individual and cannot be construed as being harassment or bullying.
All rights in the User-generated Content (including Content Provider Content) made available on the Platform are owned by the Users, where Utsavlife is a limited license holder to publish the same on Platform. Please read the Terms and Conditions to know the exact nature of license and rights Users grant to Utsavlife. User-generated Content is subject to the Platform Terms (as defined in the Terms and Conditions), and hence, kindly ensure that you use the User-generated Content only within the parameters as provided in the Platform Terms. You are prohibited from using the User-generated Content as your own without the prior permission of the content creator and Utsavlife.
Utsavlife Content (as defined in the Terms and Conditions) on the Utsavlife Platform including but not limited to, images, graphics, process, images, software, are owned by or licensed to Utsavlife and subject to Copyright and trademark protections and you are prohibited from using the same as your own, without the prior permission of Utsavlife. For clarity, Utsavlife Content does not include User-generated Content.
We have implemented the following procedures for receiving written notification of claimed infringements on the User-generated Content uploaded on the Platform. If you believe that your intellectual property rights or of any person you are aware of, have been used in a way that gives rise to concerns of infringement, you may either report such User-generated Content by using the report button provided within the Platform or write to us at info@utsavlife.com with complete details as required under below.
Capitalized terms used but not defined in this Policy can be found in our Platform Terms.
1. Copyrights Complaints:All complaints/ notices of alleged copyright infringements or violations received by Utsavlife shall be processed, investigated and appropriate actions will be taken in the following manner:
For all User-generated Content published in respect of Services offered under International Goals, complaints/ notices of alleged copyright infringements or violations received by Utsavlife shall be dealt with in accordance with the Digital Millennium Copyright Act (see 17 U.S.C. § 512(c)(3)) (“DMCA”) and other applicable intellectual property laws. If you, in good faith, believe that your work or that of a person you know, has been copied in a way that constitutes copyright infringement or violation, a notification of claimed copyright infringement or violation should be emailed to Utsavlife’s designated copyright agent at info@utsavlife.com (Subject line: “DMCA Takedown Request'') which contains the information stated hereinbelow. You may also send the said information by mail at: info@utsavlife.com, Attention: DMCA Takedown Request, Vistara (Delaware) Ltd, 3500, South Dupont, HWY, Dover, Kent, DE 19901, Delaware, USA.
For all User-generated Content published in respect of all Services (excluding those under International Goals, complaints/ notices of alleged copyright infringements or violations received by Utsavlife shall be dealt with in accordance with the Indian Copyright Act, 1957 (as amended from time to time). If you, in good faith, believe that your work or that of a person you know, has been copied in a way that constitutes copyright infringement or violation, a notification of claimed copyright infringement or violation should be emailed to Utsavlife at info@utsavlife.com (Subject line: “Copyright: Takedown Request - India'') which contains the information stated hereinbelow. You may also send the said information by mail at: R-16, Uttam Nagar west, metro station Gate Number-1, Bikaner Vali Gali, New Delhi -110096, India.
Please note that by claiming copyright infringement you are initiating a legal process, kindly be sure to consider whether fair use, fair dealing, or a similar exception to copyright apply before you report.
To be effective, the notification you send to us must be in writing and contain the following information:
i. an electronic or physical signature of you or the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
ii. a description of the copyrighted work or other intellectual property that you claim has been infringed;
iii. a description of where the material that you claim is infringing is located on the Platform, with enough detail that we may find it on the Platform;
iv. Your address, telephone number, and email address;
v. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
vi. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Please note that we may send a copy of any infringement claim received to the User who posted the content that was reported by you as infringing.
If you submit a notice of infringement that knowingly materially misrepresents that any content, information, or communication on the Platform is infringing upon a copyright, you may be held liable for damages and attorneys’/lawyers’ fees.
2. Counter-Notice:If you believe that any User-generated Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in such User-generated Content, you
may send a written counter-notice containing the following information to Utsavlife’s designated agent using any of the methods mentioned under ‘Copyrights Complaint’ section above:
i. Your physical or electronic signature;
ii. identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
iii. a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
iv. Your name, address, telephone number, and email address, a statement that you consent to the applicable jurisdiction of the courts as per the Terms and Conditions, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by Utsavlife, then Utsavlife will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 (ten) business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 (ten) to 14 (fourteen) business days or more after receipt of the counter-notice, at our sole discretion.
The trademarks, service marks, logos displayed on the Utsavlife Platform are owned by Utsavlife (“Utsavlife Marks”) or licensed by Utsavlife to use on the Utsavlife Platform. If you haven’t received our permission, do not use the Utsavlife Marks as your own or in any manner that implies sponsorship or endorsement or any relation to Utsavlife.
A product or service branded with the Utsavlife name or logo is a reflection of Utsavlife. Unless you are one of our licensees, we don’t allow others to make, sell, or give away anything with our name or logo on it.
Further, if you believe that your intellectual property rights (other than copyrights) or that of any person you know have been used in a way that gives rise to concerns of infringement, then kindly write to us at info@utsavlife.com with a description of the trademark or intellectual property that you claim has been infringed, a description of where the material that you claim is infringing is located on the Platform, with enough detail that we may find it on the Platform, and your address, telephone number, and email address.
Utsavlife has adopted a policy of terminating users who are deemed to be repeat infringers, in appropriate circumstances and at Utsavlife’s sole discretion. Utsavlife may also at its sole discretion, limit access to the Platform and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. Further, we reserve the right to remove access to any content that we know, or have reason to know, violates the intellectual property rights of Utsavlife or other Users.
Legal Department, Utsavlife
Email ID: info@utsavlife.com
Takedown Policy – Version 1.0
Last Updated on 16th January 2023
(the “Company”) owns and operates the website www.utsavlife.com and mobile application (together “Utsavlife Platform” or “Utsavlife”). Utsavlife Platform is an online Service provider platform that supports and facilitates the online creation of Booking services by the users who wish to be book the required services on Utsavlife Platform. Considering the possible interactions between the User (who may be minors i.e., under the age of 18 years) and you, the Company realizes the need to implement specific guidelines that govern your conduct on the Utsavlife Platform while interacting with Users (including Minors). Protecting the safety and well-being of children is of utmost importance to the Company and hence the Company has adopted this Minor Interaction - Code of Conduct Guidelines (“Minor & User Interaction Guidelines'') requiring users to conduct themselves with utmost care while interacting with minors on the Utsavlife Platform and take reasonable measures to ensure the safety of such minors. This Minor & User of Utsavlife Platform Interaction Guidelines aims to define and lay down the expectations on behaviour and your actions while interacting with minors on Utsavlife. Additionally, it will lay down the scope of application of this Minor & User Interaction Guidelines and guidelines for reporting any issues relating to minors.
Please read this Minor & User Interaction Guidelines, along with the Privacy Policy, Terms and Conditions, User Guidelines, and all terms and conditions, rules and policies made available or published on Utsavlife Platform as they shall govern your use of the Utsavlife Platform. By using or visiting the Utsavlife Platform or any Utsavlife software, data feeds, and service provided to you on, from, or through the Utsavlife Platform, you signify your agreement to (1) this Minor & User Interaction Guidelines; (ii) the “Terms and Conditions'', (3) Utsavlife’s Privacy Policy and any other terms that are updated and uploaded on the Utsavlife Platform from time to time. If you do not agree to any of these terms, please do not use the Utsavlife Platform.
1. “Users” shall mean and include all users (including Minors) who have to using Utsavlife as an online service providing platform.
2. “Minor/s” or “Child/Children” shall mean and be construed in accordance with the Indian Majority Act, 1875, the Protection of Children against Sexual Offences Act, 2012 (POCSO Act, 2012), Child Labour (Prohibition and Regulation) Act, 1986 and such other applicable Indian laws i.e., the term shall mean and include all individuals who have not attained the age of 18 (eighteen) years.
3. “Minor & User Interaction Guidelines” shall mean this Minor & User Interaction - Code of Conduct Guidelines, on Utsavlife platform and includes all annexures and appendices attached thereto, if any and updates, changes and amendment as may be made by the Company and uploaded herein, from time to time.
1. No Discrimination: Treat every Minor with empathy and respect, regardless of his/her race, colour, gender, sexuality, language, religion, religious belief, heritage, political/other opinion, national/ethnic/social origin or property/disability/birth/other status; listen to them and respect their views.
2. Appropriate Communication and Behaviour: Good communication is the vehicle for using and essential for further development of Minor. Good communication involves listening and talking in ways that Minors understand and feel heard, important and valued. Using any form of language or behaviour towards Minor that is inappropriate, demotivating, harassing, abusive, sexually provocative, demeaning, intimidating, offensive, discriminatory or culturally insensitive shall not be tolerated; further, any communication or behaviour while interacting with Minor shall not, in any manner whatsoever, induce or support physical or sexual relationships with Minor or portray use of or encourage the use of alcohol, drugs, cigarettes or other intoxicating or restricted substances. While agreed that individuals have the right to voice their opinions, the Company has zero tolerance towards any form of communication or behaviour stated hereinabove, and the Company –
a. DOES NOT encourage or tolerate any form of hate speech or statements that are libellous, slanderous, threatening, violent, predatory, defamatory, or any statement that incites hatred against specific individuals or groups with respect to but not limited to race or ethnic origin, country caste, religion, disability, gender, age, sexual orientation/gender identity etc.; and
b. DOES NOT tolerate any form of harassment or bullying on the Utsavlife Platform and strive to keep the platform a safe space to foster Using. Harassment in this case would include, without limitation, abusive videos, comments, messages, revealing someone’s personal information, including sensitive personally identifiable information of individuals, content or comments uploaded in order to humiliate someone, sexual harassment or sexual bullying in any form.
If it comes to the notice of the Company that your actions towards a Minor are inappropriate in any manner, then the Company reserves the right to take immediate and necessary actions, as it deems fit including legal proceeding, against you.
3. Content Sharing: Your interaction with a Minor on Utsavlife should be specific to the purpose of your engagement with such Minor and accordingly, information shared with such Minor should be strictly applicable and relatable to the subject-matter being discussed between you and the Minor. Sharing and display of inappropriate content with/to the Minor including but not limited to materials encouraging crime, violence, terrorism, racism, sexism, self-harm, suicide, cruelty, pornography, gambling, or any content whose sole objective is to sensationalize, shock or disturb individuals (electronically or in any other form) is not allowed and shall not be tolerated.
4. Confidentiality: Company understands that during the interactions between you and the User (including Minors), you may be privy to certain personal information about User (including Minors) or their parents/guardians. Hence, you shall at all times maintain the confidentiality of such information received and ensure that such information is dispensed to only those individuals who are legitimately entitled to strictly in accordance with their agreement with the Company and Utsavlife’s terms and condition and policies (including its Privacy Policy) as available on Company’s website.
Apart from the prohibited activities stated in the ‘Rules of Conduct’ section above, it is important for you to understand that Child abuse in any form (physical, emotional, or sexual) and in any manner (including through online platforms) could be punishable under the Indian Laws and you are strictly prohibited from engaging in such activities in any manner whatsoever.
1. What Constitutes Child Abuse?
Child abuse or maltreatment constitutes all forms of physical and/or emotional ill-treatment, sexual abuse, neglect or negligent treatment or commercial or other exploitation, resulting in actual or potential harm to the child’s health, survival, development or dignity in the context of a relationship of responsibility, trust or power.
i. Physical abuse: The intentional use of physical force against a child that results in or has a high likelihood of resulting in harm to the child’s health, survival, development or dignity. This includes hitting, beating, kicking, shaking, biting, strangling, scalding, burning, poisoning and suffocating.
ii. Emotional/mental abuse: Emotional abuse includes the failure to provide a developmentally appropriate, supportive environment, so that the Child can develop a stable and full range of emotional and social competencies proportionate with his or her personal potential and in the context of the society in which the Child dwells. Acts include restriction of movement, patterns of belittling, denigrating, scapegoating, threatening, scaring, discriminating, ridiculing or other non-physical forms of hostile or rejecting treatment
iii. Neglect and negligent treatment: Neglect is the failure on the part of the parents, guardian, or other responsible party to provide for the Child’s basic needs, such as food, shelter, medical care, educational opportunities, or protection and supervision. It is abuse through omission of the necessary environment and resources for the Child to reach their full potential; and the act of not recognizing physical or emotional abuse.
iv. Exploitation: Commercial or other exploitation of a Child refers to use of the Child in work or other activities for the benefit of others. This includes, but is not limited to, Child labour and Child prostitution. These activities are to the detriment of the Child’s physical or mental health, education, or spiritual, moral or social-emotional development. The Child Labour (prohibition and regulation) Act, 1986 and the Protection of Children from Sexual Offences Act, 2012 address the issues concerning Child labour and sexual abuse, and any act under in relation to that is deemed a punishable offence under the said regulations.
v. Sexual abuse: Sexual abuse is an act or behaviour which constitutes a sexual offence under the Protection of Children from Sexual Offences Act, 2012 (‘POCSO Act, 2012’), as amended from time to time. Such sexual offences include penetrative sexual assault (including rape), non-penetrative sexual assault (including touching the private parts of a Child), sexual harassment (including stalking a Child, showing a Child pornography, online grooming, and making a Child exhibit his/her body) and using a Child for pornographic purposes (including storing of pornographic material involving a Child for commercial purposes).
An abetment of and even an attempt to commit a sexual offence under the POCSO Act, 2012 are also considered to be offences. Certain offences under the POCSO, 2012 are considered to be aggravated offences and are subject to stringent punishments.
2. Legal Implications of Online Child Abuse:
This Minor and User Interaction Guidelines has only highlighted a few circumstances of Child Abuse and the legal implications thereto with an intention to give you a brief insight on the probable consequences of mis-utilizing the Utsavlife Platform. Hence, you must not consider the information provided in this Minor and User Interaction Guidelines as the ultimate source of information relating to Child Abuse and its legal implications. It is strongly recommended that they keep themselves updated about the applicable laws and regulations from time-to-time.
a. Juvenile Justice (Care and Protection of Children) Act, 2015: It is to be noted that the Juvenile Justice (Care and Protection of Children) Act, 2015 criminalizes acts that may cause a child mental or physical suffering. As per section 75 of the Act, whoever, having the actual charge of, or control over, a Child, assaults, abandons, abuses, exposes or will fully neglects the Child or causes or procures the Child to be assaulted, abandoned, abused, exposed or neglected in a manner likely to cause such Child unnecessary mental or physical suffering, shall be punishable with imprisonment for a term which may extend to three years or with fine of one lakh rupees or with both.
b. Sexual Harassment: POCSO Act, 2012 recognizes sexual harassment as a punishable offence; ‘Sexual Harassment’ as per Section 11 of the POCSO Act, 2012 is any act of a person done/committed with a sexual intent and such acts include –
i. Uttering of any word or making sounds, or gestures or exhibiting any object or part of body with the intention that such word or sound shall be heard, or such gesture or object or part of body shall be seen by the Child; or
ii. making a Child exhibit his/her body or any part of his/her body so as it is seen by such person or any other person; or showing any object to a Child in any form or media for pornographic purposes; or
iii. repeatedly or constantly following or watching or contacting a Child either directly or through electronic, digital or any other means; or
iv. threatening to use, in any form of media, a real or fabricated depiction through electronic, film or digital or any other mode, of any part of the body of the Child or the involvement of the child in a sexual act; or
v. enticing a child for pornographic purposes or gives gratification therefore.
Section 12 of the POCSO Act, 2012 states that an act of sexual harassment upon a Child shall be punished with either imprisonment for a term up to three years or fine or both.
b. Voyeurism and violation of privacy:
i. Section 354C, the Indian Penal Code (IPC) 1860 states that viewing and/or capturing the image of a girl or woman going about her private acts, where she thinks that no one is watching her, is a crime. The offender in such cases of voyeurism can be punished with three to seven years of imprisonment and a fine. While this section of the IPC can only be used by girls and women, the Information Technology Act, 2000 is gender neutral.
ii. Section 66E, IT Act, 2000: Intentionally or knowingly capturing, publishing or transmitting the image of a private area of any person without his or her consent, under circumstances violating the privacy of that person, shall be punished with imprisonment which may extend to three years or with fine not exceeding Rupees two lakh or with both.
c. Sending obscene material without the consent of the recipient:
i. Section 67, IT Act, 2000: It punishes sharing obscene material in electronic form. The punishment can be jail for five years and a fine of Rs 10 lakhs.
ii. Section 67A, IT Act, 2000: It punishes sharing material containing sexually explicit acts in electronic form with jail for seven years and a fine of Rs 10 lakhs.
The provisions of the Information Technology Act are not gender specific and apply to everyone.
While it is important that you do not commit or cause to commit an act prohibited under this Minor and User Interaction Guidelines and any applicable laws relating to Child Abuse, it is also very important that they do not remain bystanders when they encounter online abuse and exploitation. In fact, being aware of a child abuse case and not reporting it is illegal under the POCSO Act, 2012.
In the event the you suspect any form Child Abuse from your interaction with the Minor User, then you must write to info@utsavlife.com, so that the necessary actions can be taken by the Company.
