The Bookmycity.in website (“Website”) is an internet based entertainment ticketing portal owned and operated by Whitecherry Entertainment LLP(“Whitecherry”), a company incorporated under the laws of India, with its registered office at Sambhaji Nagar (Aurangabad)
Through the Website, Whitecherry shall provide you (“User”) entertainment-related information, pricing, availability and reservations for ticket for cinemas, plays, concerts, sports events across cities and rural areas throughout India (“Service”), as more particularly described and defined in the terms of service (“TOS”) relating to such Service, This Service may be availed by the User, his family members
This User Agreement (“Agreement”) sets out the terms and conditions on which Whitecherry shall provide the Services to the User through the Website. In addition to this Agreement and depending on the Services opted for by the User, the User shall be required to read and accept the relevant TOS for such Service, which may be updated or modified by Whitecherry from time to time. Such TOS shall be deemed to be a part of this Agreement and in the event of a conflict between such TOS and this Agreement, the terms of this Agreement shall prevail.
Use of the Website is offered to the User conditioned on acceptance without modification of all the terms, conditions and notices contained in this Agreement and the TOS, as may be posted on the Website from time to time. For the removal of doubts, it is clarified that use of the Website by the User constitutes an acknowledgement and acceptance by the User of this Agreement and the TOS. If the User does not agree with any part of such terms, conditions and notices, the User must not use the Website.
Additionally, the Service Provider may provide terms and guidelines that govern particular features, offers or the operating rules and policies applicable to each Service (for example, movie tickets, gift vouchers, Combo’s, etc.). The User shall be responsible for ensuring compliance with the terms and guidelines or operating rules and policies of the Service Provider with whom the User elects to deal, including terms and conditions set forth in a Service Providers. In the event that any of the terms, conditions and notices contained in this Agreement or the TOS conflict with the additional/other terms and guidelines specified by the Service Provider, then the latter terms/guidelines shall prevail.
Modification of terms
Whitecherry reserves the right to change the terms, conditions and notices under which the Services are offered through the Website, including but not limited to the charges for the Services provided through the Website. The User shall be responsible for regularly reviewing these terms and conditions.
Privacy policy
The User hereby consents, expresses and agrees that he has read and fully understands the Privacy Policy of Whitecherry in respect of the Website, The User further consents that the terms and contents of such Privacy Policy are acceptable to him.
Limited user
The User agrees and undertakes not to sell, trade or resell or exploit for any commercial purposes, any portion of the Service. For the removal of doubt, it is clarified that the Website is not for commercial use but is specifically meant for personal use only.
The User further agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Website. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.
Disclaimer of warranties/Limitation of liability
Whitecherry has endeavored to ensure that all the information on the website is correct, but Whitecherry neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data or information contained. Whitecherry makes no warranty, express or implied, concerning the website and/or its contents and disclaims all warranties of fitness for a particular purpose and warranties of merchantability in respect of services, including any liability, responsibility or any other claim, whatsoever, in respect of any loss, whether direct or consequential, to any user or any other person, arising out of or from the use of the information contained in the website.
Since Whitecherry acts only as a booking agent, it shall not have any liability whatsoever for any aspect of the arrangements between the service provider and the user as regards the standards of services provided by the service providers. In no circumstances shall Whitecherry be liable for the services provided by the service provider.
Although Whitecherry makes reasonable commercial efforts to ensure that the description and content in the TOS and on each page of the website is correct, it does not, however, take responsibility for changes that occurred due to human or data entry errors or for any loss or damages suffered by any user due to any information contained herein. Also, Whitecherry is not the service provider and cannot therefore control or prevent changes in the published descriptions which are based upon information provided by
Whitecherry does not endorse any advertiser on its website in any manner. The users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
In no event shall Whitecherry be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the services; (b) the cost of procurement of substitute goods and services or resulting from any goods, information or services purchased or obtained or messages received or transactions entered into through the services; (c) unauthorized access to or alteration of the user’s transmissions or data; (d) any other matter relating to the services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the website. Neither shall Whitecherry be responsible for the delay or inability to use the website or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise. further, Whitecherry shall not be held responsible for non-availability of the website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond Whitecherry’s control. the user understands and agrees that any material and/or data downloaded or otherwise obtained through the website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data. These limitations, disclaimer of warranties and exclusions apply without regard to whether the damages arise from (a) breach of contract, (b) breach of warranty, (c) negligence, or (d) any other cause of action, to the extent such exclusion and limitations are not prohibited by applicable law. the maximum liability on part of Whitecherry arising under any circumstances, in respect of any services offered on the site, shall be limited to the refund of total amount received from the customer for availing the services less any cancellation, refund or others charges, as may be applicable. in no case the liability shall include any consequential loss, damage or additional expense whatsoever.
Links to third party sites
The Website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Whitecherry or the Website and Whitecherry is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Whitecherry is not responsible for any form of transmission, whatsoever, received by the User from any Linked Site. Whitecherry is providing these links to the User only as a convenience, and the inclusion of any link does not imply endorsement by Whitecherry or the Website of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof.
Whitecherry is not responsible for any errors, omissions or representations on any Linked Site. Whitecherry does not endorse any advertiser on any Linked Site in any manner. The Users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
Prohibition against unlawful use
As a condition of the use of the Website, the User warrants that they will not use the Website for any purpose that is unlawful or illegal under any law for the time being in force within or outside India or prohibited by this Agreement and/or the TOS including both specific and implied. In addition, the Website shall not be used in any manner, which could damage, disable, overburden or impair it or interfere with any other party’s use and/or enjoyment of the Website. The User shall refrain from obtaining or attempting to obtain any materials or information through any means not intentionally made available or provided for or through the Website.
Termination/Access restriction
Whitecherry reserves the right, in its sole discretion, to terminate the access to the website and the related services or any portion thereof at any time, without notice.
Fees payment
Whitecherry reserves the right to charge listing fees for certain listings, as well as transaction fees based on certain completed transactions using the Whitecherry Services. Whitecherry further reserves the right to alter any and all fees from time to time, without notice.
The User shall be liable to pay all applicable charges, fees, duties, taxes, levies and assessments for availing the Whitecherry Services.
User’s obligation and user account
In consideration of use of the Website, the User represent and confirm that the User is of legal age to enter into a binding contract and is not a person barred from using the Website and/or receiving the Services under the laws of India or other applicable law.
To avail a Service the User has and must continue to maintain at his sole cost: (a) all the necessary equipments including a computer and modem etc. to access the Website/avail Services (b) own access to the World Wide Web. The User shall be responsible for accessing the Services and that access may involve third party fees including, airtime charges or internet service provider’s charges which are to be exclusively borne by the User.
The user also understands that the services may include certain communications from Whitecherry as service announcements and administrative messages. the user understands and agrees that the services are provided on an “as is” basis and that Whitecherry does not assume any responsibility for deletions, miss-delivery or failure to store any user communications or personalized settings.
Registration of the User on the Website is optional. If the User opts to register himself on the Website, upon completion of the registration process, the User shall receive a user id and password. The User agrees and undertakes at all times to be responsible for maintaining the confidentiality of the password and user id, and shall be fully responsible for all activities that occur by use of such password or user id. Further, the User agrees not to use any other party’s user id and password for any purpose whatsoever without proper authorization from such party. You are responsible for the security of your password and for all transactions undertaken using your password through our service. The Password entered by you is transmitted in one- way encrypted form to our database and stored as such. Thus the Password will not be known even to Whitecherry. You confirm that you are the authorised holder of the credit card or the original account holder used in the transactions you make using the Whitecherry services. Whitecherry will not be responsible for any financial loss, inconvenience or mental agony resulting from misuse of your ID/password/credit card number/account details number for using Whitecherry Services.
The user also agrees and undertakes to immediately notify Whitecherry of any unauthorized use of the user’s password or user id and to ensure that the user logs off at the end of each session at the website. Whitecherry shall not be responsible for any, direct or indirect, loss or damage arising out of the user’s failure to comply with this requirement.
The User also agrees to: (a) provide true, accurate and complete information about himself and his beneficiaries as prompted by the registration form (“Registration Data”) on the Website; and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If the User provide any information that is untrue, inaccurate, not current or incomplete or Whitecherry has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Whitecherry has the right to suspend or terminate the User’s registration and refuse any and all current or future use of the Website and/or any Service.
Furthermore, the User grants Whitecherry the right to disclose to third parties Registration Data to the extent necessary for the purpose of carrying out the Services.
Proprietary rights
Whitecherry may provide the User with content such as sound, photographs, graphics, video or other material contained in sponsor advertisements or information. This material may be protected by copyrights, trademarks or other intellectual property rights and laws. The User may use this material only as expressly authorized by Whitecherry and shall not copy, transmit or create derivative works of such material without express authorization from Whitecherry.
The User acknowledges and agrees that they shall not upload, post, reproduce or distribute any content on or through the Website that is protected by copyright or other proprietary right of a third party, without obtaining the permission of the owner of such right. Any copyrighted or other proprietary content distributed on or through the Website with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject the User to personal liability or criminal prosecution.
Termination of agreement and services
Either the User or Whitecherry may terminate this Agreement and a Service with or without cause at any time to be effective immediately.
The User agrees that Whitecherry may under certain circumstances and without prior notice, immediately terminate the User’s user id and access to the Website/Services. Causes for termination may include, but shall not be limited to, breach by the User of this Agreement or the TOS, requests by enforcement or government agencies, requests by the User, non-payment of fees owed by the User in connection with the Services as specified in the applicable TOS.
This Agreement may be terminated by either the User or Whitecherry through a written notice to the other. Whitecherry shall not be liable to the User or any third party for termination of any Service. Should the User object to any terms and conditions of this Agreement, any TOS or become dissatisfied with the Service in any way, the User’s only recourse is to immediately: (a) discontinue use of the Website/Service; and (b) notify Whitecherry of such discontinuance.
Upon termination of the Service, User’s right to use the Website/Services and software shall immediately cease. The User shall have no right and Whitecherry shall have no obligation thereafter to execute any of the User’s uncompleted tasks or forward any unread or unsent messages to the User or any third party. Once the User’s registration or the Services are terminated, cancelled or suspended, any data that the User has stored on the Website may not be retrieved later.