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  • Durgapur
  • Asansol
  • Kolkata

Terms & Conditions



 

Application

 

 

  • All Quotations are made and Confirmations accepted subject to the following Terms and Conditions and no addition to, or variation of, such Terms and Conditions shall be binding unless agreed to by the Company in writing.

  • Any Confirmations made with the Company shall constitute unqualified acceptance of such Terms and Conditions. These Terms and Conditions shall apply to all Quotations and Confirmations.

  • In the event of conflict between these Terms and Conditions and any other terms and conditions (of the Client or otherwise), the former shall prevail unless expressly otherwise agreed by the Company in writing.

Definitions:

Client: The Client who has assigned us with the task and/or the participants in the Event. Assignment: The assignment from the Client to us to organize a program for the Participants in relation to one or more of the following areas: Recreational activities, hotel accommodation, restaurant bookings and local transport.

Event: The actual occurrence of the recreational activity including hotel accommodation, restaurant bookings and local transport.

Participants: The participants to the Event, as recruited by the Client.

Acceptance of Terms through Us

We start every new subscriber relationship with a contract. The following agreement spells out what you can expect from us, and what we expect from you. Please check this Agreement periodically for changes because the owner of this website reserves the proper to revise this agreement and your endured use of this site following the posting of any adjustments to the Agreement constitutes acceptance of such adjustments. Reserves the proper to terminate a user's use of this website at any time without notice and may do so for any breach of this agreement or the instructions in this website by User. In case you do not agree to this Agreement then do not use this website.

Service

 

  • Kaniska will use reasonable endeavors to supply the service from the commencement date.

  • The service will be directed by the event manager or such other suitably qualified person appointed by Kaniska.

  • Kaniska reserves the right to make changes to the Service which is necessary to comply with any applicable laws or safety requirements. Kaniska will notify the Client of any changes to the Service.

  • Kaniska will provide administrative assistance with the management of the Event budget and will provide the client with profit and loss reports. However, notwithstanding the foregoing, the Client will be solely responsible for the overall management of the budget associated with the Event and will be solely responsible for any loss incurred.

Charges

  • In consideration of the provision of the service, the Client hereby agrees to pay the Price to Kaniska together with GST eligible in respect thereof at the prevailing rate at the tax point date.

  • Kaniska has the right to adjust the Price in the case that any additional services are requested by the Client after the Commencement Date, including but not limited to an increase in Delegates.

  • Written notification of any Price changes will be made by Kaniska to the Client as soon as possible.

Invoicing and Payment Condition

- In all circumstances, if payment has not been received ultimately the day before the Event takes place, a 5% fine over the total outstanding amount will become due.

  • The Client will ensure that our invoice is paid one month before the Event takes place.

  • In the event that the Assignment is issued to us less than 30 days before the date that the Event takes place, the invoice must be paid immediately.

  • In the event that an Event has taken place and the Client has not yet paid, the Client will be in breach of the terms and conditions of this contract and we hold the right (i) to refer the case to a debt collection agency, with all costs in relation thereto payable by the Client, and (ii) not to execute any further bookings of the Clients that already have been made.

Rules and Regulation

You agree to be bound by certain rules and regulation that are important for the proper use of this service. Your failure to follow these policies, whether listed below in the contract or in bulletins posted at various points in the system, may also result in termination of your service.

  • Do not tell others your password or allow your account be used by all people except yourself.

  • Do not attempt to log in more than as soon as on the same time on any given account without precise permission of one of our operators.

  • While you must experience unfastened to specific yourself, you must admire other users of the system and not do anything to attack or injure others.

  • Do not use our system to commit a crime, or to plan, encourage or help others commit a crime, including crimes relating to computers.

  • Advance/booking payment will not be return back if event been cancelled by client side

No variation or alteration of any of those instructions will be affective until it is in writing and signed by or on behalf of every party.

Variation and Amendments

If the Client wishes to vary any details of the Confirmation, it must notify the Company in writing as soon as possible. The Company shall endeavor to make any required changes and any additional costs thereby incurred will be invoiced to the Client.

  • If, due to circumstances beyond the Company's control, it has to make any change in the arrangements relating to the Confirmation it shall notify the Client forthwith. The Company shall endeavor to keep such changes to a minimum and shall seek to offer the Client arrangements as close to the original as is reasonably possible in the circumstances.

  • The Company reserves the right to do the following:

  • Amend any accidental error or omission in a Quotation;

  • Amend any Quotation in order to reflect a change in the circumstances beyond the reasonable control of the Company; and

  • Vary its schedule of charges from time to time.

Confirmation of Booking

When you make the online booking of your event, you will have to fill up the booking form on our Website; Confirmation of booking on the Website is subject to availability of date & elements.

  • We reserve the right at any time, after confirmation your booking, to accept or decline or cancel your booking (in whole or in part) for any reason whatsoever. We may require additional verifications or information before accepting any booking.

  • Shortly after you make a booking, you will receive an e-mail or call from our end which is related to date availability, schemes & offers, our terms & condition etc. In case you have not received any response, please call on +91 7908060018 (09.00am - 06.00pm., Monday - Saturday) or write to us at kaniska.kalkata@gmail.com

  • For your convenience, all payments made by below mentioned options, either through payment gateway on our Website or through NEFT/RTGS in online banking, these are subject to specific terms and conditions of such options.

Responsibility/Liabilities

 

  • In spite of our careful selection of suppliers, we cannot be held responsible for the execution of the Event by the supplier(s). More specifically, we cannot be held liable for any other damage than direct damage suffered by the Client, if proven to be as a result of our gross negligence or our willful misconduct. Our liability will be limited to the maximum amount of the agreed Assignment.

    • We cannot be held liable for any damages of whatsoever nature, property loss, injuries or death caused or suffered by a Participant who was under influence of alcohol or any other drugs.

    • We cannot be held liable for any damages of whatsoever nature, property loss, injuries or death caused or suffered by a Participant who did not follow up instructions and safety guidelines instructed by us or our supplier.

    • The Client will indemnify us for claims from third parties with respect to damages to companies or individuals brought about by a Participant to the Event. The Client will reimburse us for all costs incurred in relation to any damages brought about by a Participant.

Confidentiality

The Exhibitor shall during and after termination or expiries of the Contract keep confidential all information acquired from the Organizers, which is not in the public domain, which becomes known to the Exhibitor in connection with the Contract.

Force Majeure

No Party to the Agreement shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that Party. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the Party in question.

In the event that a Party to the Agreement cannot perform their obligations thereunder as a result of force majeure, the other Party may at its discretion terminate the Agreement by written notice. In the event of such termination, the Parties shall agree upon a fair and reasonable payment for all services rendered up to the date of termination. Such payment shall take into account any prior contractual commitments entered into in reliance on the performance of the Agreement.

Cancellation

In the event the Client cancels the Event cancellation fees will be charged
as follows: More than 2 Months before arrival date = 0% of total cost
"Less than 2 Month before arrival date = 30% of total cost
"Less than 1 Month before arrival date = 50% of total cost
"Less than 14 days before arrival date = 75% of total cost
"Less than 7 days before arrival date = 100% of total cost

  • All cancellations must be received in writing and the date of cancellation is that upon which written cancellation is received by us.
  • In the event the number of Participants in an Event will be reduced, the initial total cost will only be reduced to a maximum of 15%, regardless the actual number of decrease in Participants.
  • In the event that the Client wishes to make changes to the program of the Assignment before or during the Event takes place, providing that such change is possible, the Client is liable for covering all costs in relation thereto.
  • If due to circumstances beyond our control it becomes necessary to substitute alternative accommodation, which may be of a higher or lower standard, or make any other alterations to the Event we shall inform you of the changes as soon as possible. You must pay any additional cost due to such changes. If the changes are, in our view, so substantial as to materially alter the Event and you are unwilling to accept them then you may cancel the Event and we will give a refund of the cost of the Event to us. Surcharges may be applicable where an Event requires a minimum number of participants to proceed, and the group does not meet this minimum number. This could lead to the cancellation of the Event for which we are not held responsible and alternatives may be offered of an equal or greater value. If this value is greater, then you must pay us the difference in price. If the final number of a group is an odd number, then a single supplement surcharge will apply if the booking includes accommodation or an Event which is number dependent.

Effects of Termination

  • Upon the termination of the Agreement for any reason:
  • Any sum owing by either Party to the other under any of the provisions of the Agreement shall become immediately due and payable;
  • All Clauses which, either expressly or by their nature, relates to the period after the expiry or termination of the Agreement shall remain In full force and effect;
  • Termination shall not affect or prejudice any right to damages or other remedy which the terminating Party may have in respect of the event giving rise to the termination or any other right to damages or other remedy which any Party may have in respect of any breach of the Agreement which existed at or before the date of termination; subject as provided in this Clause and except in respect of any accrued rights neither Party shall be under any further obligation to the other.
  • Each Party will immediately cease to use, either directly or indirectly, any Confidential Information, and shall immediately return to the other Party any documents in its possession or control which contain or record any Confidential Information.

No Waiver

No failure or delay by either Party in exercising any of its rights under the Agreement shall be deemed to be a waiver of that right, and no waiver by either Party of a breach of any provision of the Agreement shall be deemed to be a waiver of any subsequent breach of the same or any other provision.

Copyright

All rights to any images and video taken by or on behalf of Kaniska for the client are retained by Kaniska. Where a CD of high resolution images or video is included as part of the package, Kaniska gives permission to the Client to use the images freely, however, ownership of the images remains with Kaniska.

Further Assurance

Each Party shall execute and do all such further deeds, documents and things as may be necessary to carry the provisions of the Agreement into full force and effect.

Set-Off

Neither Party shall be entitled to set-off any sums in any manner from payments due nor sums received in respect of any claim under the Agreement or any other agreement at any time.

Assignment and Sub-Contracting

The Agreement is personal to the Parties. Neither Party may assign, mortgage, charge (otherwise than by floating charge) or sub-license or otherwise delegate any of its rights thereunder or sub contract or delegate any of its obligations thereunder without the written consent of the other Party, such consent not to be unreasonably withheld.

Time

The Parties agree that the times and dates referred to in the Agreement are for guidance only and are not of the essence of the Agreement and may be varied by mutual agreement between the Parties.

Relationship of the Parties

Nothing in the Agreement shall constitute or be deemed to constitute a partnership, joint venture, agency or other fiduciary relationship between the Parties other than the contractual relationship expressly provided for in the Agreement.

Entire Agreement

  • The Agreement contains the entire agreement between the Parties with respect to its subject matter and may not be modified except by an instrument in writing signed by the duly authorized representatives of the Parties.

  • Each Party acknowledges that, in entering into the Agreement, it does not rely on any representation, warranty or other provision except as expressly provided in the Agreement, and all conditions, warranties or other terms implied by statute or common law are excluded to the fullest extent permitted by law.

Severance

In the event that one or more of the provisions of the Agreement is found to be unlawful, invalid or otherwise unenforceable, that / those provision(s) shall be deemed severed from the remainder of the Agreement. The remainder of the Agreement shall be valid and enforceable.

Law and Jurisdiction

  • These Terms and Conditions and the Agreement (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of Indian.

  • Subject to the provisions of any dispute, controversy, proceedings or claim between the Parties relating to these Terms and Conditions or the Agreement (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the jurisdiction of the courts of Indian.