This Agreement is entered into between Softbuzz Technologies, a Hyerabad based Private Limited Company doing business as IndiaRunning.com, ("IndiaRunning" or "we" or "us") at Plot #13, Kakathiya Nagar, Road # 2, Medipalli, Uppal, Hyderabad- 500098, and ___________ and its sponsoring organization ("you" or "your"). IndiaRunning agrees to provide Event registration services for your Event, subject to the following terms and conditions:
License to Intellectual Property/Promotion.
a. IndiaRunning shall retain all right, title and interest in and to its software, trademarks, service marks, logo and trade names worldwide ("Intellectual Property") subject to a limited, non-exclusive, non-transferable license to you to use only the online registration, results and membership services, necessary to receive the benefit from this Agreement.
b. You hereby grant to IndiaRunning a limited non-transferable license to use, display, reproduce, distribute, modify and transmit in digital or printed form information provided by you relating to your organization and Event, including your organization's name, trademarks, service marks and logo, in connection with the implementation and promotion of the Services and the promotion of your Event.
- Taxes – you will be solely responsible for and will pay any and all use, excise, sales and privilege taxes, duties, value added taxes, fees, assessments or similar liabilities however denominated and chargeable by a governmental authority as a result of any transactions, registrations or any other service or deliverable provided under this agreement excluding taxes on IndiaRunning's net income.
- Payments. We offer two payment alternatives –Direct Deposit and Check Payment. You will qualify for either a Check or Direct Deposit based upon the amount of information you provide when you set up your payment account and how you would like to be paid.
Important Information About Procedures for Opening a New Payment Account: All of our account types require us to obtain, verify and record information that identifies each person who opens an account. When a payment account is opened we will ask for your name, address, date of birth and other information that will allow us to identify you. We will also ask you for information about the entity that will receive the proceeds from the account if an entity will receive the proceeds. The information is required to meet central and state laws and internal underwriting guidelines for approving the payment account based on government and banking industry Know Your Customer (KYC) requirements and to prevent funding terrorism and money laundering. We may ask you for additional information now or in the future if your payment processing increases or if we are unable to verify your identity or the identify or tax ID number for the entity that is receiving race proceeds.
Depending on the payment processing option the Organizer elects when using the Service, monetary payments will be made to the Organizer by IndiaRunning. There is one form of payment processing for Organizers which requires the use of the Gateway for event registration fee collection.
a) If an Organizer elects to use the Service to collect event registration fees, payment processing is directly handled by IndiaRunning. Under the Service,
(i) IndiaRunning will collect all event registration fees on behalf of the Organizer from the Participants and deduct all applicable service charges from the event registration fees passed along to the Organizer.
(ii) If you qualify for a Direct Deposit Payment method then IndiaRunning will collect certain information from you to verify your identity and your funds disbursed to you on the schedule as discussed in Payment Schedules below.
(iii) If you qualify for a Check Payment method then IndiaRunning is the merchant of record for your account. We will collect and keep track of the funds on your behalf and make check payments to you based on Payment Schedules. IndiaRunning also has the right to replace this service with one of the other payment account types that we offer. This could occur if a credit card company prohibited IndiaRunning from this type of payment processing.
b) Payment Schedules –
(i) If you qualify for weekly payment, IndiaRunning will process checks or instruct our Bank to make direct deposits each Monday to any events. Weekly Check payments are only processed if fees of at least Rs.10000 are owed. If the total owed does not reach Rs. 10000, we will send a check for fees collected within 14 business days of the completion of your race. Payments will be made on this basis with the exception of funds held to establish a refund reserve when required. The refund reserve will be paid to you by check after the conclusion of your race. All registration fees, except for Processing Fees, are your exclusive property.
(ii) If you do not qualify for weekly payment, IndiaRunning will process checks or instruct our Bank to make direct deposits within fifteen (15) business days after the event end date for the event to which the registration fees correspond, provided that IndiaRunning reserves the right to withhold funds at any time as IndiaRunning determines to be necessary for the processing and settlement of all returns, disputed charges, customer complaints, allegations of fraud and other discrepancies. Payments will not be distributed until a minimum of Rs. 10000 has been processed through the IndiaRunning software, unless the payment is the final distribution for the year. All sales, fees, charges, and funds are payable in Indian Rupees, or other foreign currencies accepted by IndiaRunning. For all sales, fees, charges, and funds paid in foreign currency, IndiaRunning will collect and disperse the funds in the foreign currency used.
c) Check Payments (Deferred Setup) IndiaRunning will process up to Rs 5,000 in transactions for your account prior to receiving the information necessary to complete underwriting and approve your payment account. We will not pay out these funds to you if we have not received the information necessary to approve your payment account within 1 week of accepting any transactions on your behalf and we may refund payments to any consumers who have paid to register for your event. Once your account is approved we will write you one check for any funds collected on your behalf and then move your account to the payment method you have set up with us. IndiaRunning reserves the right to hold back incremental funds at any time in the future if the merchant bank holds back credit card payments under this method.
d) Refunds - The Organizer has the responsibility to communicate its refund policy to Registrants and to issue refunds on the behalf of Registrants via the Service. Organizer shall ensure that its refund policy is consistent with the terms of this Agreement and the payment and refund mechanics of the Service. Refunds issued by Organizer will be processed within thirty (30) days after Organizer instructs the issuance of the refunds via the Service. No payments shall be made to an Organizer from IndiaRunning with respect to any event that is cancelled. If a Registrant desires to request a refund, Registrant must request the refund from the Organizer (either before the event or shortly after the event, to permit the Organizer sufficient time to issue the refund). All communications or disputes regarding refunds are between the Organizer and Registrant and IndiaRunning will not be responsible or liable for refunds or the lack thereof issued in the course of the use of the Full Service option.
e) IndiaRunning reserves the right to withhold payments from an event if there are complaints from registrants or repeated chargebacks. IndiaRunning reserves the right to withhold and deduct payment from a race for chargebacks that are processed against the race.
- Third Party Beneficiary: In the event you are entering into this Agreement and seeking the Services for the benefit of a third-party Race or organization ("Third Party Beneficiary"), you agree as follows: (i) we may send registration fees collected by us directly to the Third Party Beneficiary or if we send registration fees directly to you, you warrant that the third-party Race or organization has appointed you as an agent to collect funds and to act on their behalf and (ii) you shall indemnify us for any claims, loss or expenses (including attorney's fees) brought by the Third Party Beneficiary that relate to or arise from your negligence or wrongdoing.
- Disclaimer of Warranty/Limitation of Liability. IndiaRunning expressly disclaims any warranty that the use of its Intellectual Property or the Services will be uninterrupted or error free or that the specifications will meet your requirements. The Intellectual Property and Services are provided to you on an "AS-IS" basis without warranties of any kind, either express or implied, including without limitation warranties of merchantability or fitness for a particular purpose. IndiaRunning shall not be liable for indirect, incidental, consequential, or lost profit damages. IndiaRunning's total liability under this Agreement is limited to the amount of registration fees retained and not distributed to you and the Processing Fees collected and retained for your event by IndiaRunning for the past six calendar months preceding any claim.
- Purchase Policy 1. Payment Methods
- Term and Termination. The term of this Agreement shall be for one (1) year from your event Open Registration Date. IndiaRunning may deactivate your event if you receive complaints from registrants and the issues are not resolved. IndiaRunning may deactivate your event or delist any IndiaRunning provided website that we deem to be fraudulent, deceptive or not meeting a quality standard of content that we define. This Agreement does not prevent you from using other Registration Services or discontinuing registration on IndiaRunning.
- Representations and Warranties. Each party represents and warrants that it has the necessary and full right, power, authority and capability to enter into this agreement and to perform its obligations hereunder; that it owns or controls the rights granted or licensed to the other party herein; that the execution and performance of its obligations under this Agreement will not violate any known rights of any third party, any contractual commitments or any applicable federal, state and local law or regulation; and that to its knowledge the marks, logos and intellectual property licensed to the other party herein do not violate the proprietary rights of a third party.
- Indemnification. Each party shall indemnify and hold harmless the other party and its directors, officers, employees, affiliates and agents, against any claim, demand, cause of action, debt or proceedings (whether threatened, asserted, or filed) and all related damages, losses, liabilities, cost and expenses (including reasonable attorneys' fees), to the extent that: (i) it is based upon the indemnitor's breach of a representation, warranty or obligation hereunder; (ii) it arises out of the indemnitor's negligence or willful misconduct; or (iii) it is based upon the indemnitor's violation of any applicable federal, state or local law or regulation. You shall indemnify and hold harmless IndiaRunning against any claim or cause of action to the extent that it is based on injury to a participant in any of your Races.
- GENERAL- This Agreement represents the complete agreement between the parties hereto with respect to the subject matter hereof and supersedes any prior or contemporaneous agreements, whether written or oral, between the parties. This Agreement may not be modified or amended, except by a written instrument executed by each of the parties hereto. This Agreement is for the sole benefit of the parties hereto and is not for the benefit of any third party. The parties hereto shall be deemed to be independent contractors hereunder, and as such, neither party shall be, nor hold itself out to be, an employee or agent of the other party. The language used in this Agreement shall be deemed to be language chosen by both parties hereto to express their mutual intent, and no rule of strict construction against either party shall apply to licenses granted herein or to any term of condition of this Agreement.
- GOVERNING LAW -This Agreement shall be governed by the laws of State of Telangana, India, and the parties shall submit to the exclusive jurisdiction of Hyderabad Courts
- REPORTING VIOLATIONS-Please report any violations of these Terms and Conditions by email to email@example.com.
IndiaRunning accepts Visa, MasterCard, American Express, select Debit Cards, Net Banking, Cheque/DD, Bank Transfer and Direct Bank Deposits.
2. Pricing and Availability
IndiaRunning provides online registration on behalf of Event organizers and does not control the inventory or its availability.
3. Refunds and Exchanges
Before registering for an event, carefully review event details, organizer and IndiaRunning waivers. IndiaRunning prohibits exchanges or refunds after registration is completed.
4. Cancelled/Postponed Events
Occasionally, events are canceled or rescheduled by the Organizer. Should this occur, we will attempt to contact you and refund the amount as per the policy of the organizer.
I hereby certify that I am the agent/representative of the company/organization that owns and has all proprietary rights to the event and that I have the authority and power to bind said company/organization to this agreement by executing this agreement.