Terms & Conditions
Here is an expanded, more detailed, and formal version of the Terms and Conditions for Earth Mela 2024 organized by Twenty 3 Stories and Endeavors Private Limited (hereinafter referred to as "Organizer"), scheduled to take place at the Italian Embassy, New Delhi on 7th and 8th December 2024. These terms are binding for all sellers, participants, visitors, and users of the event website www.earthmela.com (the "Website"). This agreement is enforceable under the laws of India and sets forth the rights and obligations of all parties involved.
1. Definitions and Interpretations
1.1 "Organizer" refers to Twenty 3 Stories and Endeavors Private Limited, the entity responsible for organizing, managing, and conducting Earth Mela 2024.
1.2 "Event" refers to Earth Mela 2024, which is to be held at the Italian Embassy, New Delhi, on the designated dates.
1.3 "Sellers" refers to any person or entity registered to sell products or services at the Event.
1.4 "Participants" refers to individuals or entities, including sellers, sponsors, and volunteers, attending or contributing to the Event.
1.5 "Visitors" refers to the general public attending the Event.
1.6 "Website" refers to www.earthmela.com, the online platform where Event details, seller registrations, and related transactions occur.
1.7 "Force Majeure" refers to any unforeseeable event beyond the reasonable control of the Organizer, as defined under clause 10 of this agreement.
2. Payment Terms
2.1 Payment Obligations:
All sellers intending to participate in the Event must remit the full booth or exhibition fee on or before the deadline specified in the Proforma Invoice (PI) issued by the Organizer. This fee is nonnegotiable and must be paid in the manner specified. Failure to remit full payment by the stipulated deadline shall result in the automatic forfeiture of the Seller’s booth or reserved space, and the Organizer reserves the absolute right to allocate such forfeited space to another participant without prior notice to the defaulting Seller.
2.2 Payment Methods:
The Organizer will accept payments through the following modes:
· Bank transfer to the account designated by the Organizer.
· Online payment via the authorized and secure gateway, details of which will be provided by the Organizer.
The Organizer shall not bear responsibility for any delays caused by banking institutions, transaction failures, or technical glitches in the payment gateway. The responsibility for ensuring timely payment lies solely with the Seller.
2.3 Non-Refundable Fees:
All payments made toward booth/exhibition fees, sponsorships, or other participation costs are nonrefundable, except as provided in the Refund and Cancellation Policy. No refund or cancellation request will be entertained unless explicitly permitted under the applicable provisions. Sellers and sponsors hereby agree to waive any claims against the Organizer for refunds due to voluntary withdrawal, termination, or any other reason beyond the scope of the Event's cancellation policy.
3. General Rules of Conduct
3.1 Professional Conduct:
All participants, including Sellers and sponsors, must conduct themselves in a professional and respectful manner during the Event. Any actions or behavior deemed inappropriate, disruptive, offensive, or harmful to the reputation of the Event, including but not limited to harassment, discriminatory language, or physical violence, shall result in immediate expulsion from the Event premises, without the right to claim any refund or compensation. The Organizer reserves the right to take legal action against individuals found violating these terms.
3.2 Setup and Takedown:
Sellers will be granted access to their respective booths on 6th December 2024, and all setup must be completed by 6:00 PM IST on the same day. No setup or stocking of products will be allowed on 7th December 2024 (the first day of the Event). Failure to comply with the setup schedule may result in the revocation of the Seller's participation rights without any refund or compensation.
3.3 Removal of Booths:
All Sellers must dismantle and remove their booths and personal property by the end of the Event on 8th December 2024, within the timeframe provided by the Organizer. Any Seller failing to comply with these timelines may be subject to fines, penalties, or additional costs. The Organizer disclaims all responsibility for items left on the premises after the scheduled takedown time.
3.4 Sub Letting and Booth Sharing:
Under no circumstances shall Sellers sublet, share, or transfer their assigned booth space to any other party without the prior written consent of the Organizer. Any unauthorized sharing or subletting of booths will result in immediate cancellation of participation, and such Sellers will not be entitled to any refund. Legal remedies may also be pursued by the Organizer for breach of contract.
4. Marketing & Branding Rights
4.1 Organizer's Exclusive Rights:
The Organizer retains all intellectual property rights, including but not limited to trademarks, logos, event names, media content, and promotional materials related to Earth Mela 2024. No Seller, sponsor, or third party is authorized to use, copy, reproduce, or distribute any of the Organizer’s intellectual property without prior written consent. Unauthorized use of the Organizer’s branding or intellectual property will be considered an infringement and may result in legal action, including claims for damages.
4.2 Use of Seller’s Materials for Marketing:
By participating in the Event, Sellers and sponsors grant the Organizer a nonexclusive, royalty free, perpetual right to use their names, logos, images, and promotional materials for the purposes of marketing and promoting the Event. This includes but is not limited to use on the Organizer’s website, social media platforms, promotional content, and media releases. Sellers agree that they will not have any claim for compensation or royalties for such usage.
4.3 Liability for Misuse of Branding:
Sellers and sponsors agree to indemnify and hold harmless the Organizer against any claims, liabilities, or damages arising from unauthorized use or misuse of the Earth Mela name, logo, or other branding elements. The Organizer disclaims any responsibility for disputes arising from thirdparty use of marketing materials provided by Sellers or sponsors.
5. Event Access and Security Protocol
5.1 Public Access:
The Event is open to the public and free of charge. However, the Organizer reserves the right to refuse entry or remove any individual or group from the Event at its sole discretion without prior notice or explanation. This decision is final, and the Organizer shall not be liable for any claims or damages resulting from such actions.
5.2 Security Checks:
All Visitors, Sellers, and Participants must comply with the security protocols established by the Italian Embassy. This includes submission to bag searches, metal detectors, and other security screenings upon entry. The Organizer and the Italian Embassy reserve the right to refuse entry to anyone who fails to comply with security procedures. Any delays or disruptions caused by security procedures are the responsibility of the individual, and the Organizer is not liable for any inconvenience caused.
5.3 Prohibited Items:
No individual shall be allowed to carry firearms, explosives, illegal drugs, contraband items, or any other hazardous material into the Event. Any person found in possession of prohibited items will be expelled from the Event, and local law enforcement will be contacted. Such individuals shall be solely responsible for the legal consequences of their actions, and the Organizer disclaims all responsibility or liability in such cases.
6. Prohibition of Contraband and Unlawful Activities
6.1 Prohibition of Unlawful Activities:
Participants and Visitors are strictly prohibited from engaging in any unlawful activities during the Event. This includes, but is not limited to, theft, assault, public disturbances, and the possession or sale of illegal goods. Any individual found engaging in unlawful activities will be expelled from the premises, and the Organizer will notify the appropriate authorities for legal action.
6.2 Organizer’s Immunity from Liability:
The Organizer shall bear no responsibility for any legal or criminal actions taken against individuals found in possession of contraband items or participating in unlawful activities. Participants and Visitors shall indemnify and hold harmless the Organizer from any claims, legal actions, or damages arising from such incidents.
7. Health and Safety Disclaimer
7.1 Health and Safety Precautions:
The Organizer shall take reasonable measures to ensure the health and safety of all Participants and Visitors at the Event. However, each individual is responsible for their own health, safety, and welfare during the Event. The Organizer shall not be held liable for any injury, illness, or medical condition incurred by Visitors or Participants while at the Event.
7.2 Limitation of Liability for Accidents:
In the event of any accidents or injuries occurring at the Event venue, the Organizer disclaims liability for any claims, costs, or damages arising from such incidents. Participants and Visitors agree to assume full responsibility for their actions and understand that the Organizer shall not be liable for any compensation, damages, or legal fees related to accidents.
8. Refund and Cancellation Policy
8.1 Full Refunds:
Sellers may request a full refund of the booth/exhibition fee if the cancellation request is made in writing within 24 hours of payment. The cancellation must include proof of payment and a valid reason for withdrawal.
8.2 Partial Refunds:
Cancellations made after the 24hour window but no later than 15 days from the date of payment are eligible for a 50% refund. No cancellations or refund requests will be entertained after this period.
8.3 Event Cancellation by the Organizer:
In the event that the Organizer cancels the Event for any reason, including but not limited to a Force Majeure event, the decision to issue refunds or provide alternatives to Sellers will rest solely with the Organizer. Sellers agree to waive any claims for damages, lost profits, or compensation beyond the refund of the booth/exhibition fee paid.
9. Website Terms and Conditions for www.earthmela.com
9.1 Data Collection and Use:
By using the Website, Sellers, Participants, and Visitors consent to the collection, storage, and use of their personal data, including but not limited to names, contact details, and payment information, as outlined in the Website’s Privacy Policy. The Organizer will take reasonable measures to ensure the protection and confidentiality of such data, but shall not be liable for unauthorized access, hacking, or security breaches that occur beyond its control.
9.2 Secure Payment Processing:
All payments made through the Website will be processed via secure, third party payment gateways. The Organizer disclaims any liability for losses or damages arising from payment errors, unauthorized transactions, or fraudulent activity perpetrated by third parties. In the event of technical difficulties or disputes, Participants are encouraged to contact the Organizer directly for resolution.
9.3 Cookies and Tracking:
The Website may use cookies, web beacons, and other tracking technologies to improve user experience and collect data about Website usage. By continuing to use the Website, users consent to the use of such tracking technologies. Users may disable cookies via their browser settings, though this may impair curtain functionalities of the Website.
9.4 Third Party Links:
The Website may contain links to third party websites or services that are not controlled or operated by the Organizer. The Organizer disclaims any responsibility for the content, privacy policies, or terms of use of such external sites. Access to third party links is at the user’s own risk, and the Organizer shall not be liable for any losses or damages resulting from their use.
9.5 Website Availability:
The Organizer does not guarantee uninterrupted access to the Website and shall not be held liable for any downtime, technical failures, or disruptions in service. The Organizer reserves the right to modify, suspend, or discontinue the Website at any time without notice or liability.
9.6 Limitation of Liability for Online Services:
The Organizer disclaims any liability for losses or damages incurred as a result of errors, omissions, or inaccuracies in the information provided on the Website. The Organizer shall not be liable for any indirect, incidental, or consequential damages resulting from the use of the Website.
10. Force Majeure
The Organizer shall not be liable for any failure or delay in the performance of its obligations under these Terms & Conditions if such failure results from a Force Majeure event, including but not limited to natural disasters, pandemics, acts of war, government actions, or any other event beyond the Organizer’s reasonable control. In the event of a Force Majeure, the Organizer reserves the right to modify, postpone, or cancel the Event without any liability.
11. Indemnification
Participants, Sellers, and Visitors agree to indemnify, defend, and hold harmless the Organizer, its officers, employees, and affiliates from and against any claims, damages, losses, liabilities, or expenses (including legal fees) arising out of or related to any breach of these Terms & Conditions, any act of negligence, or any unlawful or inappropriate conduct committed during the Event or via the Website.
12. Governing Law and Jurisdiction
These Terms & Conditions shall be governed by and construed in accordance with the laws of India. Any disputes arising out of or related to these Terms, the Event, or the Website shall be subject to the exclusive jurisdiction of the courts of New Delhi, India.
This document represents the entire agreement between the Organizer and the parties engaging with Earth Mela 2024 or the Website, and supersedes all prior agreements, understandings, or representations. Any amendments or modifications must be in writing and signed by both parties to be enforceable.