Please read these terms of use carefully by accessing or using this internet-based platform, you agree to be bound by the terms described herein and all terms incorporated by reference. if you do not agree to all of these terms, do not use this internet-based platform.
This “Terms of Service Agreement” (“Agreement”) sets forth the legally binding terms for your use of the NecessaryDevil Services. You are only authorized to use the NecessaryDevil Services (regardless of whether your access or use is intended or not) if you agree to abide by all applicable laws and to this Agreement. By registering on, accessing, browsing, downloading or using the NecessaryDevil site for any general purpose or for the specific purpose of availing any service, you agree, automatically and immediately to be bound by this Agreement as well as by any the service specific terms and conditions applicable to each service, whether you are a “Visitor” (which means that you simply browse the NecessaryDevil site) or you are a “Member” (which means that you have registered with NecessaryDevil). The term “User” refers to a Visitor or a Member. Subject to your compliance with this Agreement, you may print these terms of use or save a copy of these terms of service for your own personal and non-commercial use If you wish to become a Member, communicate with other Members and make use of the NecessaryDevil Services, you must read this Agreement and indicate your acceptance during the Registration process. All the rights, benefits, liabilities and obligations under this Agreement shall, as the case may be, accrue to the benefit of, or incurred by, NecessaryDevil, regarding your use of the services.
The terms ‘service’ or ‘services’ would mean to include the interactive online solutions & information services offered by NecessaryDevil on the internet/mobile through which the user may access information carried by NecessaryDevil in the database maintained by it.
You agree not to copy, sell, resell, duplicate any part of NecessaryDevil’s services & solutions for commercial purpose.
These Terms of Service sets out the legally binding terms of your use of NecessaryDevil and your membership in NecessaryDevil and may be modified by NecessaryDevil at any time and without prior notice, such modifications to be effective upon posting by NecessaryDevil on the website. Your continued access or use of the Site and/or the Services after the Terms of Services have been revised constitutes your express consent to the modified Terms of Services. In the event of any inconsistency between our Privacy Policy and these Terms of Service, the Terms of Service shall prevail. If you do not agree to be bound by the terms of this Agreement, you may not use nor access our services.
NecessaryDevil services are available to all individuals who are at least 18 years of age. Individuals under the age of 18 may access and use the site, they shall do so only with the involvement and guidance of their parents and or legal guardians. In all such instances, their parents and or legal guardians will be held responsible for all the terms of this agreement. By registering with NecessaryDevil you consent to the use of:
(i) electronic means to complete the Terms and to provide you with any notices given pursuant to the Terms.
(ii) Electronic records to store information related to the Terms or your use of the Services.
NecessaryDevil has the right, in its sole discretion, to suspend or terminate your use of NecessaryDevil services and refuse any and all current or future use of all or any portion of NecessaryDevil’s services.
NecessaryDevil provides self-managed event organizing solutions to event organizers. Event organizers setup their event, fill up the details about their event such as event pricing, location, ticket inventory, attendee registration information collection and other such features. As used herein, “Customers” means NecessaryDevil event organizers (“Event Organizer “), registered event attendees (“Attendee “) and participants in our various affiliate programs.
NecessaryDevil offers organizers a web-based solution to organize endurance events (Running & cycling), to sell tickets and provide online Attendee Registration solutions via the NecessaryDevil-Websites for events of the organizer to customers by using NecessaryDevil to take on the payment process. The details of NecessaryDevil services to the organizers are (each is a “NecessaryDevil-Service”)
1. A web-based software on the NecessaryDevil-websites to organize events and to sell tickets of the organizer for these events to ticket buyers. The organizer has the possibility to create an own website for their event (“event site”) and to offer a ticket sale. The ticket buyer can choose and buy the tickets on the event site directly.
2. Only the user and the organizer of an event are entering into an agreement regarding the event and the disposal of tickets for that event. NecessaryDevil only acts as a sales agent for the organizer of an event by order and for the account of this organizer. It is the organizers’ duty to advise and instruct the ticket buyers of their eventually existing right of objection according to the legal guidelines.
3. The organizer authorizes NecessaryDevil hereby for the duration of this agreement to act as an agent by order and for the account of the organizer, to sell tickets to the public for events, offered by the organizer on the NecessaryDevil-Website, to undertake the payment process with the ticket buyers and/or their banks and to ship the tickets to the ticket buyers. This authorization also contains the right of NecessaryDevil to send payment reminders to the buyers.
1. Participants understand the inherent risks involved in the event and those related to participation therein. Participants accept the risk & confirm that she/he is participating at her/his sole & absolute risk.
2. Participants agree to follow the rules governed by the law of the land & make sure to keep their face masks handy all the time & maintain social distance while running or walking if required by the law.
3. Participant understands that she/he may be photographed or filmed before, during or after the event. The event organizers, sponsors, their principals, representatives, agents & assigns may utilize her/his image or her/ his likeness or his name for any legitimate purpose in connection with this event or future events to be organized by the event organizer.
4. Participant undertakes to follow all the rules of the event & also the directions & instructions given to her/him by the organizers of the event, their principals, representatives, agents and assigns.
The shipment & the delivery of the tickets shall be by electronic means. No physical delivery of tickets shall take place.
The NecessaryDevil payment model has two versions, one is transactions-based model & the other which charges lumpsum fees for an event. NecessaryDevil will be responsible only for the taxes applicable on NecessaryDevil Fees (including ND fee, PG fee and fixed ticket charge). Organizer will bear the full responsibility of the taxes applicable on ticket price and NecessaryDevil cannot be held accountable for any inaccurate information provided by organizer for such taxes.
The organizer has to determine the base price for his tickets. This base price belongs to the organizer.
NecessaryDevil charges a fee for every ticket sold via the Necessary-Websites (ND platform fees).
In the event that tickets for an event have been sold via the NecessaryDevil-Websites, and the event is cancelled for any reason not directly attributable to NecessaryDevil, then NecessaryDevil shall continue to be entitled to the ND platform fees and ticketing.
The organizer has options of various payment method(s) (credit card, direct debiting, prepayment, invoice) to be offered to possible ticket buyers. In accordance to this choice NecessaryDevil undertakes accounting for the organizer and holds the money on a separate bank account. The organizer authorizes NecessaryDevil to do so. NecessaryDevil transfers the money received according to service pricing minus the fees payable to NecessaryDevil within 7 business days post the event to the organizer. The money has to be transferred to a bank account located in the country where the event took place and issued on the name of the organizer. For recurring events, NecessaryDevil reserves the right to pay out money before the event. NecessaryDevil reserves the right to change the number of days to transfer money to the event organizer at any time without notice. The organizer is aware of the risk that specific payment methods (direct debiting or credit card) can be reversed by the ticket buyers. The organizer bears this risk alone. If transactions are reversed after the payment to the organizer, these costs plus a fee for the reversed transaction at actuals are charged to the organizer.
The organizer is obliged to raise objections, if any, against the accounts of NecessaryDevil within four weeks after issue of the account. If not the account is considered as being approved & closed.
The NecessaryDevil offer an extensive security system, in particular to protect organizers against reimbursement of credit card payments. Because of this security system it is possible that in exceptional cases some credit card providers may not be accepted.
If the organizer arouses suspicion of misusage of the NecessaryDevil-Websites, NecessaryDevil has the right to deactivate the ticket shop of the organizer and to stop the ticket selling. In particular a suspicion of misusage of the NecessaryDevil-Websites is on hand, if it comes to attention before the event that the event shall not (or not in the way as stated in the ticket shop) take place. NecessaryDevil does not allow illegal or immoral events to take place on its platform.
If the organizer arouses suspicion of misusage of the NecessaryDevil-Websites, NecessaryDevil has the right to delay the payout to the organizer even after 7 business days for further 60 days. Within these 60 days NecessaryDevil will check if an improper use of the NecessaryDevil-Websites and / or NecessaryDevil-Services occurred. NecessaryDevil also reserves the right to block any event from its platform, if the event is found to be misleading to NecessaryDevil users. (For example: if an event is listed as free and an organizer forces its attendees to pay for the event separately, the listed event is deemed to be misleading to the event attendees.)
To verify your identity, we may ask for a valid ID proof like Passport and/Aadhar card, and for Companies Trade license and/or TRN certificate. We may require you to upload a copy of your valid ID proof, it will help us in identifying you to a high degree of fidelity as the inability to accurately identify individual may pose risks with respect to fraudulent claims, tax compliance, and creation or listing of valid events.
The warrants to NecessaryDevil that
A. The organizer is allowed to enter into this agreement with NecessaryDevil, including the right to authorize NecessaryDevil in accordance to these terms to act as an agent and to sell tickets for events of the organizer.
B. The organizer takes responsibility that he has all the necessary approvals for organizing the event and that nothing prohibits organizer from doing the event. If any situation changes, he will inform NecessaryDevil immediately. The organizer will hold NecessaryDevil indemnified for any losses arising out from his failure to take necessary approvals for organizing the event.
The organizer has the duty to inform NecessaryDevil immediately about unavailability or malfunctions of the NecessaryDevil-Website.
The organizer has the obligation to inform NecessaryDevil immediately about every change of his name, company name, address, legal form or bank details in written form or via E-Mail. The organizer shall not use the NecessaryDevil-Services for illegal or immoral events such as political or religious extremism, pornographic, or violent events.
The organizer shall not use the NecessaryDevil-Services to upload, post, email, transmit or otherwise make available any information that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; The organizer shall not impersonate any person or entity, including, but not limited to, an NecessaryDevil representative, forum leader, or falsely state or otherwise misrepresent its affiliation with a person or entity; The organizer shall not forge headers or otherwise manipulate identifiers in order to disguise the origin of any Information transmitted through the service.
You agree that NecessaryDevil, in its sole discretion, for any or no reason, and without penalty, may terminate this agreement. NecessaryDevil may also in its sole discretion and at any time discontinue providing access to the services, or any part thereof, with or without notice, if the organizer has contravened against important provisions of these terms; or the organizer has filed for bankruptcy, insolvency proceedings have been started or the start of the insolvency proceedings has been dismissed in default of assets; or circumstances occur that the organizer cannot fulfill his contractual obligations against NecessaryDevil or third parties in default of assets, and “in addition” the organizer gives no proof of sufficient assets within 30 days after request by NecessaryDevil to do so.
If you desire to cancel your services, please email service@interfaceinfosoft.com 15 days before expiry of the service. There is no cancellation fee. Once your account is cancelled, your Content may not be recovered. There will be no refund if you cancel the Service later than 15 days before expiry of the service, you will not be billed.
The price payable for tickets shall be as set on the website.
If, at any time during the event it is cancelled, postponed, suspended or delayed for any reason, NecessaryDevil will not make any refunds nor will they be liable for any loss caused by such cancellation, postponement, suspension or delay.
It is your responsibility to ascertain whether an event has been cancelled and the date and time of any rearranged event. If an event is cancelled or rescheduled the responsibility of its notification lies with the Event Organizer only.
Tickets may be restricted to a maximum number per person, per credit card and, for some events, a restriction may apply per household. We reserve the right to cancel tickets without prior notice purchased in excess of this number.
NecessaryDevil would not be held liable for any inappropriateness of the advertisement content, invisible/hidden content, error, omission or inaccuracy in printed or digital form. NecessaryDevil reserves the right to remove and/or reposition the advertising material.
Any statements contained within the Site concerning NecessaryDevil’s future prospects are forward-looking statements which involve a number of risks, uncertainties and other factors that could cause actual results to differ materially from those that may be projected by these forward-looking statements. There can be no assurance that future results will be achieved, and actual results could differ materially from forecasts, estimates and summary information contained in the site.
To the extent required or permitted by law, NecessaryDevil may also collect, use and disclose personal information in connection with security related or law enforcement investigations or in the course of cooperating with authorities or complying with legal requirements.
You understand and agree that the NecessaryDevil services are provided on an “AS IS” and “AS AVAILABLE” basis and that to the fullest extent permitted by law, NecessaryDevil excludes all representations and warranties relating to this website and its contents including in relation to any inaccuracies or omissions in this website and/or the NecessaryDevil’s literature; and excludes all liability for damages arising out of or in connection with your use of this. NecessaryDevil does not warrant that its websites will operate error-free or free of computer viruses or mal-functioning or harmful mechanisms. All the contents of website are only for general information or use. Such information does not constitute advice and should not be relied upon in making or derived decisions. Any specific advice or replies to queries in any part of the website are the personal opinion of users and are not subscribed to by NecessaryDevil. This website assumes no responsibility for the accuracy or existence of any communications between users. NecessaryDevil expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised NecessaryDevil of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
NecessaryDevil makes no warranty that the services will meet your requirements, service will be uninterrupted, timely, secure or error-free. Certain links on website lead to resources located on servers maintained by third parties over whom NecessaryDevil has no control or connection, business or otherwise as these sites are external to this website you agree and understand that by visiting such sites you are beyond this website. NecessaryDevil therefore neither endorses nor offers any judgment or warranty and accepts no responsibility or liability for the authenticity/availability of any of the goods/services/or for any damage, loss or harm, direct or consequential or any violation of local or international laws that may be incurred by your visit and/or transaction/s on these sites. Use caution and common sense when using the Service.
Any material downloaded or otherwise obtained through the use of this website is done at your discretion and risk that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
You agree that NecessaryDevil shall, in no event, be liable for any consequential, incidental, indirect, special, punitive or other loss or damage whatsoever or for the loss of business profits, business interruptions, computer failure, loss of business information, or other loss arising out of or caused by your use of or inability to use this website, even if NecessaryDevil has been advised of the possibility of such damage. NecessaryDevil will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the Website. The Venue, event organizers, events services ‘marketplace’ information provided on NecessaryDevil are added by members. NecessaryDevil doesn’t verify, claim or guarantee authenticity of such information. NecessaryDevil is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting there from. NecessaryDevil have no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expense, omissions, delays, re-routing or acts of any government or authority. NecessaryDevil makes no representations or warranties as to the completeness or accuracy of Information contained on the website. The service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, you agree that NecessaryDevil shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the NecessaryDevil. You further acknowledge that NecessaryDevil’s liability for its own negligence may not in any event exceed an amount equivalent to charges payable by you for services during the period damages occurred. In no event shall the NecessaryDevil be liable for any special or consequential damages, loss or injury.
This paragraph shall survive termination of this agreement.
You agree to defend, indemnify and hold NecessaryDevil, its parent (“Interface Infosoft Solutions.P.Ltd”), its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including without limitation reasonable attorney’s fees and costs, arising out of or in connection with any User Content, any Third Party Applications, Software or Content you post or share on or through the website (including through the Share Service), your use of this website, your conduct in connection with this website or with other users of the website , or any violation of this Agreement or of any law or the rights of any third party. NecessaryDevil reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify NecessaryDevil, including rights to settle, and you agree to cooperate with NecessaryDevil’s defense and settlement of these claims. You hereby expressly release NecessaryDevil its affiliates, their officers, directors, shareholders, employees and agents from any cost, damage, liability or other consequence of any of the actions/inactions of our partners/sellers and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.
This paragraph shall survive termination of this agreement.
We shall not be liable to you for any failure to perform any obligation under this Agreement or any other Agreement which is due to an event beyond the control of such party including but not limited to any act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or manmade eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. If we are affected by such event, we shall forthwith inform you of the same through our website and shall use all reasonable endeavors to comply with the terms and conditions of any Agreement contained herein.
You agree that NecessaryDevil may terminate your access to the site for reasons including, but not be limited to, breaches or violations of the Terms or the NecessaryDevil’s Privacy Policy, a request by you to terminate, unexpected technical issues or problems, and requests by law enforcement or other government agencies.
The courts in Pune, Maharashtra shall have exclusive jurisdiction in respect of any matters arising here-from. Any legal issue/dispute arising out of this Agreement, but not exclusive to the use of the Services (unless otherwise specifically stated) are governed by and in accordance with the laws of India. This paragraph shall survive termination of this Agreement.
By using this website, you agree that any dispute or claim arising out of or in connection with this Agreement or the performance, breach or termination thereof, shall be finally settled by arbitration in Pune in accordance with the provision of the Arbitration and Conciliation Act, 1996 in English through the sole arbitrator appointed by us. Confidentiality of any and all such arbitration and the entire process shall be the responsibility of both parties.
AS AN INTERMEDIARY, NecessaryDevil/Interface Infosoft Solutions. P. Ltd IS NOT LIABLE FOR ANY THIRD-PARTY CONTENT UPLOADED, TRANSMITTED, DISPLAYED, PUBLISHED OR SHARED ON ITS PLATFORM. BY USING necessarydevil.com, YOU AGREE TO THE CONDITIONS SET OUT IN THIS NOTICE AND TAKE DOWN POLICY
1. COPYRIGHT INFRINGEMENT NOTIFICATION
AS AN INTERMEDIARY, NecessaryDevil/Interface Infosoft Solutions. P. Ltd IS NOT LIABLE FOR ANY THIRD-PARTY CONTENT UPLOADED, TRANSMITTED, DISPLAYED, PUBLISHED OR SHARED ON ITS PLATFORM. BY USING necessarydevil.com, YOU AGREE TO THE CONDITIONS SET OUT IN THIS NOTICE AND TAKE DOWN POLICY
2. COPYRIGHT INFRINGEMENT NOTIFICATION PROCEDURE
NecessaryDevil/ Interface Infosoft Solutions. P. Ltd recommends Owners of copyright-protected content to report alleged copyright infringement by submitting a written complaint (the “Complaint”) either through a web-form (recommended) or through email on service@interfaceinfosoft.com The Complaint should include the following:
i. Contact Information: The Owner will need to provide information that will allow NecessaryDevil/ Interface Infosoft Solutions. P. Ltd and the uploader(s) of the video(s) that the Owner’s objects to, to contact the Owner regarding the Complaint, such as an email address, physical address or telephone number
ii. Description of Work: The Owner’s must provide in the complaint, a complete and accurate description of the copyrighted content that the Owner is seeking to protect. This MUST also include the specific URL of the video that the Owner believes to be infringing. This is necessary in order to aid NecessaryDevil/Interface Infosoft Solutions. P. Ltd to locate the allegedly infringing video. General information about the video, such as a channel URL or username alone is not adequate. The URL should be in the following format: https://www.necessarydevil.com/_____________/
iii. Necessary Format: The Complaint should include the following statements – “I have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.” AND “The information in this notification is accurate, and I am the owner, or an agent authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.”
iv. Signature: The Complaint must include the physical or electronic signature/digital signature of the Owner. To satisfy this requirement, the Owner may type their full legal name (a first and last name, not a company name) as the signature at the bottom of the complaint
3. NOTIFICATION OF OBJECTIONABLE CONTENT AND TAKE DOWN BY NecessaryDevil/ Interface Infosoft Solutions. P. Ltd
4. Users may submit a complaint against objectionable content by submitting a written complaint (the “Complaint”) either through a web-form (recommended) or through email on service@interfaceinfosoft.com The Complaint should include the following:
i. Contact Information: The Complainant will need to provide information that will allow to contact the Complainant regarding the Complaint, such as an email address, physical address or telephone number.
ii. Description of Work: The Complainant must provide in the complaint, a description of the objectionable content that the Complainant is seeking to protest. This MUST also include the specific URL of the video that the Complainant believes to be objectionable. This is necessary in order to aid NecessaryDevil/ Interface Infosoft Solutions. P. Ltd to locate the allegedly objectionable video. General information about the video, such as a channel URL or username alone shall not be adequate. The URL should be in the following format: http://www.necessarydevil.com/_____________/
iii. If NecessaryDevil/ Interface Infosoft Solutions. P. Ltd determines, in its sole discretion and judgment, that the User Content violates any of the aforementioned conditions, it shall be entitled to immediately take down or otherwise block access to User Content
5. NecessaryDevil/ Interface Infosoft Solutions. P. Ltd IMMUNITY FROM LIABILITY
NecessaryDevil/ Interface Infosoft Solutions. P. Ltd is an intermediary and shall not be liable for any act of copyright infringement or any other objectionable User Content, as provided under the Copyright Act, 1957, Information Technology Act, 2000 and Rules thereunder.