PARTY

Terms and Conditions

These terms and condition of use and policies are prepared by Turn Up for their mobile application under the name Turn Up. The domain name talktoturnup.com, and mobile application Turn Up and trademark Turn Up are owned and operated by Turn Up that provides a platform for providing details regarding various pubs, restaurants and other recreational services available in a locality (Services).

By registering on the mobile application, accessing or using the Services of Turn Up, you agree to be bound by this Agreement and represent that you have read and understood its terms. Please read this Agreement carefully, as it contains information concerning your legal rights and limitations on these rights, as well as a section regarding applicable law and jurisdiction of disputes. If you do not accept all of these terms and conditions, you are not authorized to use the Services. If you have a Turn Up account and wish to terminate this Agreement, you can do so at any time by closing your account and no longer accessing or using the Services

These Terms and Conditions together with any additional terms, conditions, notices and disclaimers govern and regulate the use of Turn Up services which are provided through Website and/ or mobile application (herein after the term “App” shall mean and include the provision of Turn Up services through the mobile application and its website talktoturnup.com).

Through your use of the App and “Turn Up” services, you acknowledge and agree that the Terms and Conditions constitute the rules and conditions of access to, use of and supply of information from the App. Please take time to review this document. If you use or continue to use the App and/or services provided by “Turn Up” you acknowledge and agree that you accept to abide by and be bound by the Terms and Conditions and any changes made by “Turn Up” or any authorised officer, agent, employee or contractor of “Turn Up” to the Terms and Conditions from time to time.

1. Terms of use

The following statement(s) disclose the TERMS OF USE and PRIVACY POLICY of Turn Up App and website talktoturnup.com(collectively referred as Turn Up), effective from [**/**/**].

The Services/ use of the App are subject to the following Terms of Service (as amended from time to time):

By using, browsing, accessing, viewing, transmitting, downloading, caching, storing and /or completing the user registration process, on App owned and operated by Turn Up, you (“User”), unconditionally agree to the Terms of use, Privacy Policy, Disclaimers and all applicable laws governing its use (“Agreement”) and the user agree to be bound by these terms and conditions.

A link to this Terms and Conditions Agreement will be published on the App owned and operated by Turn Up.

From time to time Turn Up may generate automated emails to Users, or send emails, notifications and messages to Users through the App. If hyperlinks and other redirection tools taking the User to other websites operated by third parties appear on the App, you acknowledge that these websites (Third Party Sites) are not controlled by Turn Up and do not form part the Turn Up App/Website and agree that you will not hold Turn Up liable or in any way accountable for anything that occurs on Third Party Sites.

The User is advised to check this page periodically for updates, as the User’s continued use of the Turn Up signifies his / her acceptance of any changed terms. Turn Up reserves the right to revise this Agreement at any time and without notice. Any such revision will be effective immediately upon its posting on the App. If you do not agree to the terms and conditions of the Agreement specified herein please refrain from using this App. This Agreement is made between Turn Up and User.

2. General Information

a) The Services are provided solely to:

(i) Assist customers in gathering travel information, posting Content, and searching for and booking pubs, restaurants and recreational activities and reservations; and

(ii) Assist pubs, restaurants and recreational and hospitality businesses in engaging with customers and potential customers, by way of free and/or paid-for services offered by or through Turn Up.

b) The information, opinions and other similar statements and content published on the App are provided for information purposes only and are not intended as, nor do they constitute legal, financial, taxation, technical or expert advice or to be in any way relied upon by the User without undertaking independent verification. Information provided on the App has been derived from sources believed to be accurate at the time of compilation and no warranty or representation is made as to the accuracy or authenticity of the content of the App.

c) Turn Up and its directors, agents, principal officers or employees shall not be liable for to the user (whether directly or indirectly) for any information provided on the App or anyone else through the App or any errors in, or omissions from information on the App.

d) Turn Up does not make any representation or warranty that any User is reputable, or will act in good faith, or according to their terms of engagement; any information on the App will be complete, reliable or accurate; or your access to the App will be secure, available or uninterrupted.

e) Turn Up will not be liable for loss arising out of (whether directly or indirectly) and action or decision by User in reliance on the information on or provided through the App or provided by any business the User engage on the App, nor any interruption, delay or impairment in the functioning, operation or availability of the App, exposure to or transmission of any computer virus, internet access difficulties in connection with the App, or malfunction in equipment or software.

3. Use of the Services by User / Users Conduct

a) In order to access the Services, User may be required to provide certain information about himself / herself (such as identification or contact details), including information relating to social networking websites, as part of the registration process for the Service, or as part of User’s continued use of the Services. The User agrees that any registration information provided by the User to Turn Up will always be accurate, correct, and up to date.

b) The User hereby provides its consent to Turn Up, that all sensitive personal information that the User submits may be processed and verified by Turn Up in the manner and for the purposes of this Agreement. Turn Up may transfer and store on its servers the information provided by the User at the time of registration or otherwise, and such information may be accessed by the staff, subsidiaries and third parties (that process information such as, process credit card payments and provide support services), who act for Turn Up or otherwise for the purpose of this Agreement. The User by submitting its personal data, agrees to this transfer, storing or processing. Turn Up will take all steps reasonably necessary to ensure that the User data is treated securely.

c) The User further permits Turn Up to allow selected third parties, including marketing and advertising companies, Turn Up affiliates, and associates, to contact the User occasionally about services that may be of User’s interest. They may contact the User by telephone, SMS as well as by e-mail. If the User does not want to be contacted by these companies in the future, the User may simply send an email at talktoturnup@gmail.com to Turn Up to unsubscribe.

d) The User agrees to use the data owned or otherwise provided on the App by Turn Up only for personal purposes and not for any commercial use unless agreed to with Turn Up in writing. The right to use the data is a license only, not a transfer of title, and is subject to the following restrictions:

i) The data may not be used for any commercial purpose or public display, performance, sale or rental;

ii) No copyright or other proprietary notices may be removed;

iii) The data may not be transferred to another person;

iv) Software may not be interfered with in any manner;

v) Every person downloading, reproducing or otherwise using the data must prevent any unauthorized copying of the data;

vi) The User will only use the data for lawful purposes and in accordance with these conditions.

vii) In addition, the User agrees that he / her will not use robot, spider, other automatic device, or manual process to monitor or copy Turn Up web pages or the content contained herein, without the prior written consent of Turn Up.

e) The User agrees that he /she shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this App and all charges related thereto. Turn Up shall not be liable for any damages to the User’s equipment resulting from the use of the App.

f) The User permits Turn Up to collect its information, including but not limited to trends, statistics, usage of the App/Website, and all such other data, or such other data prohibited by law to be collected, unless expressly excluded herein. The said data may be transferred by Turn Up to third parties and the User grants permission for the same.

g) The User hereby indemnify and agree to keep indemnified and hold safe and harmless Turn Up, its Directors, employees and agents against all such liabilities or claims and also against any loss or damage that may arise on the Party, its Directors, employees and agents on account of any conduct, misbehavior or acts of omission of the User. The indemnities if any shall survive beyond the period of the Agreement. Please read details of the indemnities in a section below in this page.

h) In no event will Turn Up be liable for any indirect, incidental or consequential damages (including loss of profit or business), howsoever arising, whether under contract, tort or otherwise, even if informed of the possibility of the same.

4. Social networking services

The User may enable or log into the Services via various online third party services, such as social media and social networking services like Facebook or Twitter ("Social Networking Services") which may unlock certain additional features or functionalities of the App. To take advantage of these feature and capabilities, we may ask you to authenticate, register for or log into Social Networking Services on the websites of their respective providers.

As part of such integration, the Social Networking Services will provide Turn Up with access to certain information that you have provided to such Social Networking Services, and Turn Up will use, store and disclose such information in accordance with the Privacy Policy.

However, the manner in which Social Networking Services use, store and disclose your information is governed solely by the policies of such third parties and Turn Up shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Services.

In addition, Turn Up is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, Turn Up is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. Turn Up enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.

5. Restriction on User

a) The User agrees to access the App and / or use the Services only for purposes that are permitted by (i) the terms prescribed by Turn Up from time to time and (ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (iii) the User agrees not to host, display, upload, modify, publish, transmit, update or share any information that

i. Belongs to another person and to which the user does not have any right to;

ii. Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;

iii. Harm minors in any ways

iv. Infringes any patent, trademark, copyright or other proprietary rights

v. Violates any law for the time being in force;

vi. Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

vii. Impersonate another person and/or creation of a fake identity

viii. Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

ix. Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

b) User Agrees not to:

i. use the App to offend others (which shall be judged in the absolute opinion of Turn Up);

ii. publish, or in any way distribute or disseminate any information which is unlawful, obscene, defamatory, offensive or inappropriate (which shall be judged in the absolute opinion of Turn Up);

iii. engage in, encourage participation or promote any contests, pyramid schemes, surveys, chain letters, spamming or unsolicited emailing through the App;

iv. use automated scripting tools or software. Create user accounts by automated means or under false or fraudulent pretenses.

v. make available, using the App, any material not entitled to make available including any law or which contains viruses, or other computer codes, files or programs designed to interfere with the functioning of other software or hardware; or breach any laws or regulations applicable to your use of the App;

vi. Collect screen names and email address of members for purposes of advertisement, solicitation or spam are prohibited.

vii. Attempt to probe, scan, or test the vulnerability of App or breach any security or authentication measures. viii. Access or search the site content or services with any engine, software, or tool.

ix. Provide incorrect personal information or any other information based on the information/ service requests posted by end users using the App to gain advantage (financially, winning a lead or otherwise).

6. Email and Postings

The App may provide Users with the ability to send email messages to other Users and to post messages on the App. Turn Up is under no obligation to review any messages; information or content ("Postings") posted on the App by Users and assumes no responsibility or liability relating to any such Postings.

The User(s) understand and agree not to use any functionality provided by the App to post content or initiate communications that contain:

a) Any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law.

b) Advertisements or solicitations of any kind.

c) Impersonate others or provide any kind of false information.

d) Personal information such as messages which state phone numbers, social security numbers, account numbers, addresses, or employer references.

e) Messages by non-spokesperson employees of Turn Up purporting to speak on behalf of Turn Up or containing confidential information or expressing opinions concerning Turn Up.

f) Messages that offer unauthorized downloads of any copyrighted or private information.

g) Chain letters of any kind and/or Sending messages to distribution lists, newsgroup aliases, or group aliases

h) Identical (or substantially similar) messages to multiple recipients advertising any product or service, expressing a political or other similar message, or any other type of unsolicited commercial message.

i) Using App invitations to send messages to people who don’t know the User(s) or who are unlikely to recognize the User(s) as a known contact;

j) Using App to connect to people who don’t know the User(s) and then sending unsolicited promotional messages to those direct connections without their permission; and

Turn Up has no obligation to monitor User’s or anyone else's use of the App. However, Turn Up reserves the right at all times to monitor, retain and disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.

7. Intellectual Property Rights

a) All intellectual property rights (including all copyright, patents, trademarks, service marks, trade names, designs (whether registered or unregistered) in the App and / or Service, information content on the App or accessed as part of the Service, any database operated by Turn Up and all the App design, text and graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software (including applets and scripts) shall remain the property of Turn Up. The User shall not, and / or shall not attempt to, obtain any title to any such intellectual property. All rights are reserved.

b) None of the material listed in Clause 5(a) may be reproduced or redistributed or copied, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, sold, rented or sub-licensed, used to create derivative works, or in any way exploited without Turn Up’s prior express written permission. The User may, however, retrieve and display the content of the App on a computer screen, store such content in electronic form on disk (but not on any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided that the User keeps intact all and any copyright and proprietary notices. The User may not otherwise reproduce, modify copy or distribute or use for commercial purposes any of the materials or content on the App without obtaining Turn Up’s prior written permission.

c) All rights (including goodwill and, where relevant, trade marks) in Turn Up name are owned by Turn Up. Other products and company names mentioned on the App are the trademarks or registered trademarks of their respective owners.

d) Title, ownership rights and intellectual property rights in and to the content accessed using the Services of Turn Up is the property of the applicable content owner and may be protected by applicable copyright or other law. The Agreement gives the User no right to such content.

8. Indemnification

The User agrees to defend, indemnify and hold harmless Turn Up, its subsidiaries and their respective directors, officers, employees, licensors, business associates, suppliers and agents harmless from and against any actual or threatened claims, actions or demands, cause of actions, damages, losses, expenses, liabilities and settlements, including without limitation, reasonable legal and accounting fees and costs of suit, resulting from or alleged to result from, or arising out of or in connection with the (i) the use / access of the App/Website by the User; (ii) the use of the Service or App through User’s password; or (iii) any breach of the term of this Agreement or any applicable law by User (iv) failure to pay and taxes or government dues

9. Disclaimer of Warranty

a. The User hereby, expressly agrees that the use of the App is solely at his / her own risk. Neither Turn Up, its subsidiaries nor any of their respective employees, agents and third-party content providers make any representations, warranties or conditions of any kind, express or implied, that (i) use of the App will be uninterrupted or error free; or (ii) with respect to the results that may be obtained from use of the App, or (iii) the accuracy, reliability or content of any information, service provided through the App.

b. The App is made accessible on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this Agreement.

c. Turn Up does not give any warranty that the Services or the App are free from viruses or anything else which may have a harmful effect on any technology owned or being used by the User.

d. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action. The User specifically acknowledges that Turn Up is not liable for the defamatory, offensive or illegal conduct of other users or third-parties and that the risk of injury from the foregoing rests entirely with the User.

10. Disclaimers and Limitation of Liability

a) Subject to overall provision paraphrased above, the User expressly understands and agrees that Turn Up, its subsidiaries and affiliates shall not be liable to the User for:

i. Any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by the User, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute Services or other intangible loss;

ii. Turn Up disclaims any liability for any loss or damage which may be incurred by the User, including but not limited to loss or damage as a result of any reliance placed by the User on the completeness, accuracy or existence of any information on the App, or any image posted or any content uploaded, or using the products or services provided by Turn Up or any third party or relying upon the information, advertising, or as a result of any relationship or transaction between the User and any advertiser or sponsor whose advertising or information appears on the Services or App or any unclaimed property or liability arising from any unredeemed coupons, and the said liability shall be borne exclusively by the Users.

iii. It is clarified that Turn Up is only an intermediary /facilitator and acts as a platform for information and interaction between the Users and cannot, in any circumstance, be held liable for any loss whatsoever on any account, and incurred by the User, after availing any benefit or accessing from the Turn Up App.

iv. The deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through the User’s use of the services.

v. User’s failure to provide Turn Up with accurate account information.

vi. User’s failure to keep his / her password or account details secure and confidential.

b) Subject to the aforementioned, Turn Up’s aggregate liability arising out of or in connection with the contract, whether based on contract, tort, statutory warranty or otherwise, shall in no event exceed a sum of Indian Rupees 100. The limitations on Turn Up’s liability under this section, shall apply whether or not Turn Up has been advised of or should have been aware of the possibility of any such losses arising. Notwithstanding anything to the contrary the user agrees that the user’s sole and exclusive remedy for any dispute with Turn Up is to discontinue user’s use of the site.

11. Phone Recordings

Turn Up reserves the right to record phone calls between User and Turn Up employees or Turn Up agents for training purposes.

12. Identity Check

As a member of Turn Up, you will need to confirm your personal identity, if you wish to register. Turn Up reserves its right to verify the information provided by the User as per the requirements of this Agreement. If you cannot confirm your personal identity, you will not be able to create circle/Group for funding.

List of documents required for identity verification will be notified by Turn Up from time to time.

13. Updates to the Website/ App

Turn Up may from time to time and at any time change or discontinue any feature of the App including content, hours or availability and equipment required for access.

14. Suspension and Termination of User Accounts

User’s access to the App and Turn Up services may get suspended for any length of time for any breach of the Terms and Conditions, as well as, but not limited to, any of the following reasons:

a) Providing false or inaccurate information during registration process,

b) Providing false or inaccurate information related to personal data, business information, services being offered, qualifications,

c) Providing false information related to identity checks – personal, business and professional.

d) Providing any other false or inaccurate information to Turn Up employees or agents on enquiry;

e) Receiving a serious complaint or feedback, intention to cause harm or bodily damage to customer, Turn Up employee or agent, or use of abusive language.

f) Receiving in aggregate more than 2 negative feedback ratings or complaints from other App/ Website users/ Group in relation to services contracted by the users who initiate the negative feedback or complaint;

g) wrong utilization of funds, or absence of requisite regulatory approvals to raise funds or breach of any term and conditions of use and privacy policy.

15. Feedback Ratings & Comments

a) Turn Up allows users of the App to rate and comment on the performance of Turn Up business users whose business services they have either contracted, or have experienced in the course of evaluating the business user's suitability for a job.

b) Turn Up reserves the right to publish or not to publish those ratings and comments (feedback) on the App/ Website at its absolute discretion.

c) Turn Up reserves the right to delete or modify feedback submitted on the App/ Website at any time for any reason.

d) Turn Up will delete or modify if it is clear that, in the opinion of Turn Up, the feedback is factually incorrect or does not relate to the provision of business services by the business to the user who submitted feedback.

e) Turn Up reserves the right to aggregate each businesses feedback into a percentage score and publish that score on the App/ Website.

f) In case the feedback is considered defamatory of the reputation and standing of individuals and businesses, Turn Up accepts no responsibility for liability, damage, injury or loss that may arise from feedback submitted to or published on the App/Website. The User release forever and indemnify Turn Up from any liability it may incur arising out of (whether directly or indirectly) any feedback the User may post on the Turn Up App.

g) Further User agrees that, if the user or anyone else commences or threatens any action or proceeding against Turn Up or makes any claim or demand against Turn Up as a result of any feedback submitted by the user to the Website, Turn Up may, in its absolute discretion, without any notice to the User immediately cancel or suspend user’s access / membership of the App.

16. Breach of Terms and Conditions

Without limiting other remedies available to Turn Up at law, in equity or under this Terms and Conditions, Turn Up may, in our sole discretion, immediately issue a warning, suspend or terminate your membership and refuse to provide services to User if:

a) User breach these Terms and Conditions or Personal Information and Privacy policy;

b) Turn Up is unable to verify or authenticate any information provided by the User; or

c) Turn Up believes that the actions of User may cause legal liability to Turn Up.

17. Consequences of Termination of User's Account with Turn Up

Turn Up may at its discretion terminate User’s use or, or access to, the App at any time. Upon termination:

a) User shall no longer be authorised to access the App or use any other Turn Up services with the email address registered with the site;

b) User will continue to be subject to and bound by all restrictions imposed on by the Terms and Conditions; and

c) all licences granted by User and all disclaimers by Turn Up and limitations of Turn Up's liability set out in the Terms and Conditions or elsewhere on the App will survive.

18. Acknowledgements

a) The User acknowledge that the Turn Up in no manner warrants or guarantees the performance of a service provider that is providing services through the App/ Website.

b) The User acknowledge that it is his responsibility to verify the information about the person on the App and Turn Up is in no manner liable if the information provided on App is untrue or incorrect.

19. Customer Support & Complaints Policy

Turn Up make a considerable investment in staff and technology to help answer customer support questions and respond to complaints. Our staff will endeavor to process questions or complaints from registered users of the App according to the following policy:

a) Turn Up will attempt to resolve any serious customer complaints and answer any questions on a priority basis, at the earliest on business days (Mon- Fri).

b) Technical complaints or product development suggestions will be considered for future software upgrades. User’s suggestions may not result in changes to the software or Turn Up business practices.

c) Turn Up reserves the right not to respond to customer support questions or complaints that offend Turn Up employees or agents.

d) Turn Up reserves the right not to respond to questions or complaints made by individuals who, in the opinion of Turn Up, are not current users of the App, or have been suspended from using the App.

20. Dispute Resolution and applicable law

The Terms and Conditions governing use or membership of and access to the App/Website will be governed by the laws of India. Any dispute arising out of this agreement shall be resolved by referring the matter to legal recourse. The appropriate courts in new Delhi shall have exclusive jurisdiction to decide any dispute arising out of this Agreement.

21. User disputes

User(s) agree that they are solely responsible for the interactions with any other User(s) in connection with the Services and Turn Up will have no liability, connection or responsibility with respect thereto. Turn Up reserves the right, but has no obligation, to become involved in any way with disputes between Users of the Services

22. Third Party Links & Advertising

Turn Up may display advertisements, which may or may not contain hyperlinks or buttons which take you to websites operated by third parties. Turn Up does not endorse or recommend its advertisers, their products or services, or the information, products or services of any website linked to the App.

If you contact a third party through the App, including via email, Turn Up accepts no responsibility for any actions taken by that third party in connection with you as the user.

The Turn Up App is © Copyright Turn Up 2022