This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and
the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000.
This electronic record is generated by a computer system and does not require any physical or digital signatures.
This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules,
2011 that require publishing the rules and regulations, Privacy Policy.
Terms of Service:
Definitions:
Convenience Fee shall mean a fee over and above the Ticket price
Customer means the person(s) who purchase Ticket(s) on Justickets platform for shows at the Theatre
Platform shall mean web application (Online), or other platform based applications under such domain names and in such manner
as may be decided by Justickets in its sole discretion from time to time (presently www.justickets.in/apps) accessible through computers or WAP
and GPRS enabled mobile phones and such other channels.
Theatre(s) means a list of theatres/screens which avails the services on Justickets Platform and/or list of theatres/screens
mentioned in Theatre Enrolment form which may be amended as and when Theatre Owner adds more theatres/screens to its network.
Theatre Enrolment Form means a physical form signed by and between Justickets and the Theatre which includes basic information
but not limited to No. of Screens, Key Contact Information and bank account details of the said Theatre.
Ticket shall mean a ticket or a reservation (whether in physical or electronic form as permitted under law) that allows the
holder thereof access to the Theatre on the date, time and for the film identified in such ticket or reservation.
Justickets and the Theatre(s) are hereinafter collectively referred to as the “Parties” and individually as the “Party”.
Terms of Service:
These terms, including Theatre Enrolment Form and / or Service Agreement (collectively referred to as “Terms of Service”) applies to
Theatres who sell their Tickets at Justickets Platform. Justickets reserves the right, at its sole discretion, to revise, add, or delete portions
of these Terms of Service any time without further notice. Theatre(s) shall re-visit these “Terms of Service” link from time to time to stay abreast
of any changes that Justickets may introduce and continued use of the Platform shall constitute consent after any such changes.
Seats & Schedules: Theatre(s) shall acknowledge and agree that movie schedule, show timings and the number of seats in Theatre in all the
shows available in total (100%) at the Theatre will be made available for real time sync to Justickets for facilitating booking Tickets on Justickets
Platform. Justickets shall provide services hereunder are on a best effort basis and no implied or explicit guarantee is being provided to the
Theatre in respect of sale of tickets nor shall Justickets have any obligation or liability in respect of unsold tickets.
Issuance of Tickets: Justickets shall act as a service provider only and except as otherwise stated herein, will not be liable in any
manner on behalf of Theatre(s) or their acts of commission or omission. Justickets will facilitate sale of tickets at such prices as communicated
from time to time by Theatre(s) or at such prices as provided by Theatre(s) on an automated basis. In case there is any discrepancy between the
prices communicated by Theatre(s) and the prices displayed by Justickets on their website, such discrepancy should be brought to notice of Justickets
within 4 Days failing which the prices so displayed by Justickets shall be treated as final and binding. Theatre(s) shall be responsible for ensuring
compliance with the statutes that govern the Ticket pricing and shall be solely responsible for payment of applicable taxes in respect of the tickets
sold using the Services and shall indemnify Justickets against any losses or costs incurred by Theatre(s).
Show cancellation: In the event of the cancellation of a show, Theatre(s) agrees to Justickets initiating a prompt refund of the Ticket price
and Convenience Fee paid by the Customer and to in turn refund the Ticket money and Convenience Fee Share to Justickets or to permit Justickets to
set-off such refundable monies against future remittances to be made by Justickets to the Theatre(s).
Non-transferability of tickets: Tickets sold through Justickets will be non-transferable and non-exchangeable and Theatre(s) shall not sell
or re-sell those Tickets. Further, Theatre(s) shall, under all circumstances ensure that Customers holding Tickets sold through Justickets are not
denied admission to the show and seat for which such Tickets have been purchased.
Publicity and promotion: Justickets shall be entitled to use the Theatre’s name in its advertisement, publicity or other promotional materials
and shall also be entitled to play appropriate material onscreen at the Theatre in each show, not exceeding 60 seconds, (Ad Secondage) and allow for
one translite/standee per site publicizing its services & any other related promotion. Any unutilized Ad Secondage will be allowed to be carried
forward as inventory from one week/month to another. Further, Justickets will have the right to run co-branded promotional activities with films/producers
and other third parties with the Ad Secondage inventory available to Justickets.
Sales updates: Justickets will provide updates of tickets sold on a show-wise basis to the Key contacts as provided by Theatre(s) in Theatre Enrolment
Form. Theatre(s) will be solely responsible for authenticity of the Mobile Number Details provided to Justickets. Theatre(s) undertakes to intimate in case
of any change in Mobile Number Details. Justickets shall not be responsible for any non-receipt of updates to Theatre(s) due to any change in the Mobile
Number details and/or non-intimation of changed Mobile Number details. Theatre(s) may also access reports related to the tickets sold through the URL provided
by Justickets.
Remittance of funds: The amount of money received through sale of Tickets will be remitted to Theatre twice in a week (Monday & Friday) exception being
made for any payment which would fall due on bank holidays, in respect of which the payment shall be made in the following working day, through bank transfer,
from the date of the show for which the tickets have been sold.
Duration and Termination:
In the case that Theatre signed the Theatre Enrolment Form, the lock- in period will be 1 year from the date as mentioned in the Theatre Enrolment form. During
the lock- in period neither Party will be able to exit this Terms of Service. After lock- in period, Theatre may terminate this Terms of Service with three months’
prior written notice to Justickets. In the event of a breach of any provisions of this Terms of Service by either Party, the other Party shall be entitled to
terminate forthwith, after affording the Party in breach a period of 30 days for curing such breach.
Hardware and Software Integration:
Theatre(s) agrees to provide an API (Application Program Interface) for the integration of Theatre(s) on-site ticketing systems with the Justickets Platform.
Justickets will be picking up all movie schedules, ticket prices, show times, etc. by means of a software integration with the ticketing/box office system being
deployed at each site of Theatre. Further, Theatre(s) have to provide requisite working internet connection with appropriate redundancy to ensure uninterrupted
access to the ticketing/box office system of all the Theatres.
Force Majeure:
If either Party is affected by Force Majeure it shall forthwith notify the other Party of the nature and extent thereof.
Neither Party shall be deemed to be in breach of this Terms of Service, or otherwise be liable to the other, by reason of any delay in performance, or
non-performance, of any of its obligations hereunder to the extent that such delay or non-performance is due to any Force Majeure of which it has notified
the other Party; and the time for performance of that obligation shall be extended accordingly.
If the Force Majeure in question prevails for a continuous period of six (6) months, the Parties shall enter into bona fide discussions with a view to alleviating
its effects, or to agreeing upon such alternative arrangements as may be fair and equitable.
A Force Majeure event would comprise one or more of (a) acts of God/natural disaster and calamities; (b) war, riots, terrorism or sabotage; (c) strikes affecting
transportation and supply of material/products or banking operations or operation of any essential services; and (d) other extraneous events not within the
reasonable control of the Parties.
Non-Solicitation:
During the subsistence of this Terms of Service and for a further period of twelve (12) month thereafter neither Party shall either directly or indirectly,
without the prior written consent of the other Party, solicit the services of or make an offer of employment to, or hire any person who is an employee or a
consultant of the other Party at the time of such solicitation, offer or hire or has been an employee on any date during a period of six (6) months prior to
such solicitation, offer or hire. Further Theatre(s) shall not introduce any such employee of Justickets to any of Theatre’s associates or Justicket’s competitors
for the purpose of soliciting the services of such employee or making an offer of employment to such employee.
Non-Disclosure of Confidential Information:
Both Parties individually agree not to use the confidential Information (which means any information, technical data or know-how, including, but not limited to,
that which relates to research, products, services, customers, markets, software, developments, inventions, processes, designs, drawings, engineering, marketing
or finances, disclosed orally or in written or electronic form, and which is marked or identified by the disclosing Party as “proprietary” or “confidential” and
shall include this Terms of Service and the contents thereof) disclosed to it by the other Party for its own use or for any purpose except to carry out discussions
concerning and the undertaking of any business relationship between the two. The recipient of Confidential Information will not disclose such confidential
information to anyone, including to their employees; however, the recipient of Confidential Information may disclose such information to certain employees
who are required to have such information to carry out the objective of this Terms of Service. Each has had or will have employees to whom confidential information
of the other is disclosed sign a Non-Disclosure Agreement in content substantially similar to the provisions relating to confidentiality as detailed in this Terms
of Service and will notify the other in writing of names of the persons who have had access to Confidential Information of the other Party. Each Party agrees that
it will take all reasonable steps to protect the secrecy of and avoid disclosure or use of Confidential Information of the other in order to prevent it from falling
into the public domain or the possession of unauthorized persons. Each agrees to notify the other in writing of any misuse or misappropriation of Confidential
Information of the other that may come to its attention. The provisions of this clause will not apply to (a) information in the public domain; or (b) information
known to or received by the other Party from a third party source, which is neither restricted by confidentiality nor in breach of this Terms of Service; or (c)
information requested to be disclosed by a Court of Law or other similar judicial or statutory authority.
Limitation of Liability:
Justickets makes no warranties, express or implied, and disclaims all including implied warranty of title, merchantability, non-infringement, or of fitness for a
particular purpose of the Services or in connection with any hardware or software provided by it. In no event shall Justickets be liable for, and the Theatre hereby
waives the right to claim, any indirect/direct, special, incidental, or consequential damages (including lost profits), losses, costs, expenses, fines, penalties,
liabilities, obligations, actions, judgments, claims and proceedings, directly or indirectly relating to or arising out of the breach of this Terms of Service, or
any actual or alleged injury to the company, regardless of the form of action, whether in contract, tort, strict liability, or otherwise, and whether or not such
damages were foreseen or unforeseen, even if Justickets has been advised of the possibility thereof.
Other terms:
It is agreed between the Parties that the ownership and/or rights in respect of the trademarks, goodwill, trade names, copyrights and any other intellectual
property rights of each Party shall always remain with such Party and the other Party shall not be entitled to use these for any purpose except as mentioned in
this Terms of Service.
The Parties warrant and affirm that none of the provisions of this Terms of Service is in conflict with any law for the time being in force nor are they parties
to any agreement or understanding with any third party, which would be in conflict with the provisions of this Terms of Service.
Justickets may assign/transfer its rights and obligations under this Terms of Service to its affiliates, partners or any third party subject to prior intimation
to the Theatre.
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