EXPLARA, a global online software as a service [SAAS] platform enables people to use Explara for event promotion, sell of tickets and discover events or conferences across the globe, selling goods and services, raising funds and donations for any causes and also to share the same with their known people. This page contains our Terms of Services, which will govern the use of Explara services.
1. ACCEPTANCE OF EXPLARA TERMS OF SERVICES
1.1 Basic Definitions
"Agreement” means the terms of services
“Business owner" or “Owner” or “User” shall means any legal individual or organisation which is using Explara software for varied activities and transactions.
“Company” shall mean the legal name of the business SIGNURE TECHNOLOGIES PVT LTD and or Explara PTE LTD.
“Brand Name” shall means the various products or services offered by the company namely Explara.com, ExplaraBiz.com and ExplaraGiving.com.
“Buyer(s)” shall mean the and include any person, a legal entity, any individual or a group of people, any designated employee of an organisation who intend to purchase the listed products or services on Explara.
“Product(s)” shall means any ticket or registration, Digital Product, services, physical product, packages or any information created and or listed by the seller or usage by the Buyers.
“Seller(s)” shall means any legal entity or an individual or any designated employee of an organisation who is authorise to offer or list products or services to sell for usage by the Buyers.
“Organizer(s)” shall means an individual , a legal entity, any individual or a group of people, any designated employee of an organisation who use Explara websites to manage and create events.
“Website(s)” shall means the domain names “www.explara.com”, “www.explarabiz.com”, “www.explaragiving.com”, ”www.explaraemailer.com” owned and operated by the company
Explara services are available to all individuals who are at least 18 years of age. By registering to use Explara services, you represent and warrant that you are at least 18 years of age. Explara has the right, in its sole discretion, to suspend or terminate your use of Explara services and refuse any and all current or future use of all or any portion of Explara's services.
Explara reserves the right to alter, modify, replace or remove part of the Terms & Conditions without giving any prior notice. It is your responsibility to check the Terms of Services periodically for updates.
Explara provides self-managed software solutions on the cloud for the users.
2. Event Organizer Terms
Explara offers organizers a web-based solution to organize events and meetings, to sell tickets or provide online Attendee Registration solutions via the Explara-Websites for events of the organizer to customers by using Explara to take on the payment process. In detail, Explara provides the following services to the organizer (each an "Explara-Service"). A web-based software through Explara-websites that allows event organizers to sell tickets to ticket buyer. A web-based software through Explarabiz.com website that allows users to sell digital or physical products or services to the Buyers. A web-based software through Explaragiving.com that allows user to raise fund for his or her cause and where donors will donate.The user has the option to create his/her own website for event ("event site") and to offer ticket sale. The ticket buyer can choose and buy tickets on the event site directly. 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. Explara only acts as a service provider for the organizer of an event by order and for account of this organizer. It is the organizer's duty to advise and instruct the ticket buyers of their eventually existing right of objection according to the legal guidelines.
2.1 Payment and Fees
Explara products & services are available on the basis of transaction model, fixed price model as well as subscription model.
2.2 Payment Processing Methods
Explara offers two types of payment processing option that an user can select while using explara services 1. Direct Payment Collection "DPC" facility and 2. Credit card/Debit card processing through Explara's trusted Payment gateway partners.
2.2.1 Direct Payment Collection DPC and Service Fee
2.2.2 Credit/Debit Card Payment Processing through Payment Gateway
By opting this for payment processing, the cost will be processed directly by Explara Payment Gateway Partners. Explara will collect the money on behalf of the user from each of the buyers and will deduct Explara service fee from the collected amount and pass rest of the money to the user within 5 Business days form the end of event day by Electronic fund transfer to the given bank account on the User’s Explara dashboard. (i) Under Credit/Debit Card payment processing options through Explara, it is the responsibility of the user to communicate its refund policy to Buyers via the event page. (ii) Under the Credit/Debit card payment options, any chargebacks initiated by the buyer with respect to any transaction shall be charged back to the user. All the issues, disputes and communication regarding the chargebacks are between the buyer and the user[who is the actual service provider to its Buyers]. Explara is not responsible for it. Hence, User is agree to fully indemnify Explara and its associates, affiliates for any chargeback issue.
2.3 Change of an event
If an event for which tickets are sold or already have been sold can be cancelled or changed (regarding date, time, venue or other important points), the organizer is responsible for making all these changes. Similarly, if the transaction is successful and the product or the service is not delivered, the user is responsible.
The organizer has options of various payment processing method(s) (credit/Debit card, Direct Payment Collection DPC facility) to be offered to possible ticket buyers. In accordance to this choice, Explara undertakes accounting for the organizer and holds the money on a separate bank account. The organizer authorizes Explara to do so. Explara transfers the money received according to service pricing minus the fees payable to Explara within 5 working days 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, Explara reserves the right to pay out money before the event. Explara 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 as stated in the price list published on the Explara-Websites are charged to the organizer. The organizer is obliged to raise objections, if any, against the accounts of Explara within four weeks after issue of the account. If not, the account is considered as being approved.
2.5 Prevention against fraud / misusage
If the organizer arouses suspicion of misuse of Explara-Websites, Explara has the right to deactivate the ticketed event of the organizer and to stop the ticket selling. In particular, a suspicion of misuse of the Explara-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; or illegal or immoral events shall take place. Or if the organizer arouses suspicion of misusing of Explara-Websites, Explara has the right to delay the payout to the organizer even after 5 to 7 days for further 60 days. Within these 60 days Explara will check if an improper use of the Explara-Websites and / or Explara-Services occurred. If a transaction arouses suspicious and if it is brought to Explara's notice, Explara reserve the right to suspend/pause/hold/cancel that transaction event without informing the organizer and organizer can't claim that money from Explara until Explara completes its own investigation to ensure that the transaction in question in not fraudulent.
2.5.1 Warranty of the organizer
The organizer warrants to Explara, that (i) there is no agreement between the organizer and a venue, or the owner or user of a venue, or a third party, which affects the organizer's use of the Explara-Services in accordance with these terms, (ii) the organizer is allowed to enter into this agreement with Explara, including the right to authorize Explara in accordance to these terms to act as an agent and to sell tickets for events of the organizer.
2.5.2 Duties of the organizer
The organizer has the duty to inform Explara immediately about unavailability or malfunctions of the Explara-Websites. The organizer has the obligation to inform Explara immediately about every change of his name, company name, address, and legal form or bank details in written form or via E-Mail. The organizer shall not use the Explara-Services for illegal or immoral events such as political or religious extremism, pornographic, or violent events. The organizer shall not use the Explara-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 use the Explara-Services to harm minors in any way; The organizer shall not impersonate any person or entity, including, but not limited to, an Explara 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;
Furthermore, Explara has the exclusive right to cancel this agreement regarding the provision of Explara-Services in case of an important reason. In particular such an important reasons shall exist, 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 can not fulfill his contractual obligations against Explara or third parties in default of assets, and "in addition" the organizer gives no proof of sufficient assets within 30 days after request by Explara to do so.
If you desire to cancel your services, please email to firstname.lastname@example.org 30 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 before the end of your current, paid-up month or year, and you will not be charged or billed thereafter.
2.8 Restriction for the usage of Explara services for DPC
As an event organizer who would want to use Explara services for various events/activities. You may not use the Explara services for activities:
2.8.1 that violate any law of the land, statute, ordinance or regulation
2.8.2 that relate to transactions involving narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety, drug substance, items such as stolen goods including digital and virtual goods, encouraging, promoting, facilitating or instructing others to engage in illegal activity, items that promote hate, violence, racial intolerance, or the financial exploitation of a crime, obscene items.
2.8.3 that items or digital goods that infringe or violate copyright, trademark, or privacy or right of publicity or proprietary right under the laws of the land.
2.8.4 that contain certain sexually oriented materials or services, contrabands, ammunition, firearms, or certain firearm parts or accessories, weapons, knives regulated under the law of the land.
2.8.5 that relate to showing personal information of third parties violating the law of the land, supporting pyramid or ponzi schemes, matrix programs, other "get rich quick" schemes or multi-level marketing programs, are associated with purchases of annuities or lottery contracts, gambling products or bills, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, are for the sale of certain items before the seller has control or possession of the item, are by payment processors to collect payments on behalf of merchants, are associated with the sale of traveler's checks or money orders, involve currency exchanges or check cashing businesses, provide certain credit repair or debt settlement services, credit transactions or insurance activities.
2.8.6 that involve the sales of products or services, which are fraudulent.
2.8.7 that violate regulations laid down by industry or the state regarding the sale of tobacco product, drugs and devices.
2.8.8 that involve gambling or any other venture that facilitates gambling, gaming and activities that requires to pay entry fee and prize such as casino games, sport betting, horse/greyhound racing, games of skill and sweepstakes.
2.9 International Transactions and Currency rate fluctuation
2.9.1 In case of an event where the tickets denomination is of a currency other than INR, the buyer is most likely to pay in INR. As the currency conversion takes place in real time, the buyer is most likely to observe a fluctuation in currency rate at any point in time during the course of transaction or there after. The rate of currency is defined by international trade and explara has no control on that. The buyer is liable to pay the currency conversion rate and any additional charges levied by the card issuing bank of that country.
3. Buyers and Non- Organizers Terms
3.1 Direct Payment Collection (DPC)
3.2 Chargeback Policy
3.2.1 No claim of charge back shall be admissible in-case of satisfactory delivery of 1st Mandatory service which is successfully delivering a confirmation mail with a ticket link attached to the confirmation mail.
3.2.2 No claims of charge back shall be admissible in-case of satisfactory delivery of 1st Mandatory service given and/or giving feedback as satisfied / very satisfied on the service. Also, no request for change in ordered Services nor in the duration of plan opted can be entertained nor any charge-back claimed at any point of time during the contract period. Once feedback is given by USER as SATISFIED for service written in ticket details user cannot claim that he/she has not received the services.
3.3 Anti-Money Laundering (AML) policy
We strongly follow the Anti-Monetory Laundery guidelines set by Reserve bank of India[RBI].
The Guidelines include but not limited to:
Know Your Customer:-Every user on the platform has to verify its identity as per the KYC guidelines that includes phone number verification with other details such as PAN number and any other valid identity proof.
Owners who are raising the fund and the actual recipients of the fund are solely responsible for collecting and remitting taxes on contributions
4. Affiliate Terms
4.1 Enrolling as an affiliate
To begin the enrolment process, you will submit a complete scheme application via our site or by direct paper based form submission. We may reject your application if we determine (at our sole discretion) that your site and/or service is unsuitable for the scheme.
4.2 Linking to our site
After you have enrolled as an affiliate, you can provide one or more links from your site to our site. We will provide you with special link formats designed for tracking and reporting for all links between your site and our site. You will be solely responsible for properly utilizing the link formats. We do not accept any responsibility for the incorrect use of the special links / link formats and therefore we shall not be accountable for any loss of fees as a result of your errors.
4.3 Commission / Event Organizer Commission
Explara offers an 'Affiliate Solution' to event organizers to offer an affiliate commission for referring customers to Explara who buy the event tickets/attendee registration. Subject to the terms and conditions of this Agreement, you will be paid commission for each customer referred from you or your site through the Explara link on your site or direct refer of customer to Explara, who successfully buy event ticket or register as paid attendee for the specific events. If it is later found that the customer's purchase was refunded, we retain the right to withhold any payments to you resulting from that individual's purchases. The affiliate scheme relies on cookies to track customers. If for whatever reason, the customer isn't using cookies, or the cookie expires or the customer deletes the cookie, they cannot be tracked and you will not earn commission for any sales that customer may make. Our cookies are set to expire after one year. If at any time the commissions owed to you become less than the total deductions due to refunds as mentioned above the difference shall be immediately payable to Explara. Commission may not be paid to an affiliate if the details we hold for that affiliate are not accurate. It is the affiliate's responsibility to make sure that Explara is notified of any change in their details such as email or address. We also reserve the right to cancel commission payments if we believe that there have been any fraudulent attempts to use the service.
4.4 Commission Schedule
You will earn an affiliate referral fee as of x percent (x%) which is payable to you at the end of each month provided that the commission owed is more than INR 2500.
4.5 Policies and operating procedures
Customers purchasing services from Explara through this scheme will be deemed to be customers of Explara. Accordingly, all Explara rules, policies, and operating procedures concerning the services will apply to those customers. We may change our policies and operating procedures at any time.
4.6 Limited License
We grant you a non-exclusive, non-transferable, non-sub licensable, revocable right to use our logos and text for which we grant express permission, solely for the purpose of identifying your site as a scheme participant. You agree that you will not engage, participate or otherwise become involved in any activity or course of action that diminishes and/or tarnishes the image and / or reputation of Explara, failing which we may revoke your license at any time at our sole discretion.
4.7 Your Responsibility
You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. You will indemnify, defend and hold us harmless from all claims, damages, and expenses (including, without limitation, legal fees) relating to the development, operation, maintenance, and contents of your site as well as any goods or services provided or made available by you. These obligations will survive any termination of this Agreement. You acknowledge and agree that your Web site information (name, URL, traffic counts, etc.) may be utilized by Explara. Possible uses include (but are not limited to) lists of the busiest sites, lists of member sites, etc. The information provided by Explara to you may be proprietary in nature. You acknowledge that you are not a competitor of Explara, and agree not to share this information with any of our competitors. Any violation of these terms and conditions may cause us to terminate this agreement.
4.7 Your Account, Password and Secutiry
You are solely responsible for maintaining the confidentiality and security of your account and Password and you as the user of the platform fully responsible for any action or activities performed in your account. As part of the security measure you should always sign out after every session while accessing Explara services. If you find any suspicious activities in your account, you should immediately inform Explara about it . Under no circumstances, Explara is responsible for any losses whatsoever arise from your failure to protect unauthorised access of your account.
5. General Terms
Advertising Material Explara would not be held liable for any inappropriateness of the advertisement contents due to the dynamic nature of web, invisible/hidden contents, error, omission or inaccuracy in printed or digital form. Explara reserves the right to remove and/or reposition the advertising material.
6. Safe Harbor
Any statements contained within the Site concerning Explara'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.
7. Intellectual Property Rights
You agree that Explara owns all rights to the code, databases, visual-design and layout of the Service. Explara claims no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. You may not use any robot, spider, other automated device, or manual process to monitor or copy any Content from the Service. You may not resell, duplicate or reproduce or exploit any part of the Service without the written consent permission of Explara. You may not duplicate, copy, or reuse any portion of the visual design or layout of the Service without the prior written permission of Explara.
8. Information Disclosure
To the extent required or permitted by law, Explara 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.
9. Disclaimer of Warranties
You understand agree that the Explara services are provided on an "AS IS" and "AS AVAILABLE" basis and that the Explara does not assume any responsibility for prompt or proper delivery of services. Explara 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 Explara. This website assumes no responsibility for the accuracy or existence of any communications between users. Explara 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. Explara 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 Explara 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. Explara 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. 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.
10. Limitation of Liability
You agree that Explara 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 Explara has been advised of the possibility of such damage. The Venue, event organizers, events services 'marketplace' information provided on Explara are added by members. Explara doesn't verify, claim or guarantee authenticity of such information. Explara or Signure 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. Explara 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. Explara 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 Explara shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the Explara. You further acknowledge that Explara'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 Explara be liable for any special or consequential damages, loss or injury.
You agree to indemnify and hold Explara, its parent ("Signure"), 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 reasonable attorney's fees, 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.
13. Applicable Laws
All matters relating to your access to and use of the Explara site shall be governed by the laws of the Republic of India. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Bengaluru, India in all disputes arising out of or relating to the use of Explara. Use of Explara is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.