TERMS OF USE

THESE TERMS AND CONDITIONS OF USE ("TERMS OF USE") IS AN ELECTRONIC RECORD IN THE FORM OF AN ELECTRONIC CONTRACT FORMED UNDER INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC DOCUMENTS / RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THESE TERMS OF USE DOES NOT REQUIRE ANY PHYSICAL, ELECTRONIC OR DIGITAL SIGNATURE.

THESE TERMS OF USE IS A LEGALLY BINDING DOCUMENT BETWEEN THE USER AND SHOOTFOLDER.COM PVT. LTD. (BOTH TERMS DEFINED BELOW). THESE TERMS OF USE WILL BE EFFECTIVE UPON YOUR ACCEPTANCE OF THE SAME (DIRECTLY OR INDIRECTLY IN ELECTRONIC FORM OR BY MEANS OF AN ELECTRONIC RECORD) AND WILL GOVERN THE RELATIONSHIP BETWEEN USER AND SHOOTFOLDER.COM PVT. LTD. FOR THE USE OF THE SHOOT FOLDER WEBSITE (DEFINED BELOW).

THIS DOCUMENT IS PUBLISHED AND SHALL BE CONSTRUED IN ACCORDANCE WITH THE PROVISIONS OF THE INFORMATION TECHNOLOGY (INTERMEDIARY GUIDELINES AND DIGITAL MEDIA ETHICS CODE) RULES, 2021 UNDER INFORMATION TECHNOLOGY ACT, 2000 THAT REQUIRE PUBLISHING THE RULES AND REGULATIONS, PRIVACY POLICY AND USER AGREEMENT FOR ACCESS OR USAGE OF THE SHOOT FOLDER WEBSITE (DEFINED BELOW).

These Terms of Use of the website located at the URL www.shootfolder.com/termsofuse (Hereinafter referred to as the ‘Shoot Folder Website’) is between Shootfolder.com Pvt. Ltd., a company having two Directors namely Mr. Prateek Ahuja and Ms. Jasmine Ahuja with its registered office at 111, Block C, East of Kailash, New Delhi - 110065, Delhi, India  (hereinafter referred to as "Shoot Folder" or "We" or "Us" or "Our") and the users (including the Business Users/ Listers as defined herein below)  of the Shoot Folder Website (hereinafter referred to as "You" or "Your" or "Yourself" or "User") describe the terms on which Shootfolder.com Pvt. Ltd. offer the Users access to the Shoot Folder Website and such other services as are incidental and ancillary thereto.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OR REGISTERING ON THE SHOOT FOLDER WEBSITE OR ACCESSING ANY MATERIAL, INFORMATION OR SERVICES THROUGH THE SHOOT FOLDER WEBSITE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, PLEASE DO NOT USE THE SHOOT FOLDER WEBSITE.

These Terms of Use available at www.shootfolder.com/termsofuse, Privacy Policy available at www.shootfolder.com/privacypolicy, Host Terms available at www.shootfolder.com/hostterms, Cancellation and Refund Policy available at www.shootfolder.com/cancellations together with all other notices, disclaimers, guidelines appearing on the Shoot Folder Website from time to time (collectively referred to as "Agreement(s)") constitute the entire agreement upon which You are allowed to access and use the Shoot Folder Website and avail the Services.

At the time when any User (which includes the Guest as well as the Host) accesses the Shoot Folder Website; for the purpose of reference the User would receive a link/ URL to the Terms of Use of the Shoot Folder Website which shall be deemed to be accepted by the User through voluntary usage of the Shoot Folder Website thereafter.

If you are accessing the Shoot Folder Website or accessing the services through the Shoot Folder Website, then while these Terms of Use will apply to such use, there may be additional terms (such as the terms imposed by mobile application stores like Apple's iTunes, Android's play store, Microsoft's store from time to time) which will govern the use of the mobile application. These additional terms to the extent applicable are hereby deemed to be incorporated in these Terms of Use by way of reference.

1. GENERAL ­­­

1.1 Shoot Folder (operator of the Shoot Folder Website) is a Private Limited Company having two Directors namely Mr. Prateek Ahuja and Ms. Jasmine Ahuja with its registered office at 111, Block C, East of Kailash, New Delhi - 110065, Delhi, India having GST Registration No. 07ABICS7268L1ZL; and PAN No. ABICS7268L.

1.2 The Shoot Folder Website managed and administered by Shootfolder.com Pvt. Ltd. is an online platform that serves as a marketplace facilitator which connects listers/ hosts who have properties (which may be residential, commercial etc.) to rent to certain individuals and entities seeking to book such properties for various uses including but not limited to motion pictures, television and other types of creative productions, etc.

1.3 These Terms of Use govern the access and use of the Shoot Folder Website and the Services (as defined herein below) provided therein to the Users. If any User does not agree to these terms and conditions, he/ she must refrain from using the Shoot Folder Website and Services.

1.4 These Terms of Use are applicable to the Users of the Shoot Folder Website, which includes the Guest as well as the Host (as defined below).

1.5 ‘Guest’ / 'Crew' / 'Visitor' means a User who books a Site (as defined below) listed on the Shoot Folder Website (as defined below) for various uses including but not limited to motion pictures, television and other types of creative productions, etc.

1.6 ‘Host’/ ‘Lister’/ ‘Business User’ / 'Vendor' is referred to as an individual or any legal entity who lists, advertises, exhibits, offers to book, make available, market, their Property/ Site to the Guest through the Shoot Folder Website. It may be noted that there shall be no restriction on any Host to list more than one Site over the Shoot Folder Website.

1.7 The Guest and Host are sometimes collectively referred to as the ‘User’ for the purposes of this Terms of Use.

1.8 ‘Property’/ ‘Site’ means such properties (which may be residential, commercial etc.) offered by the Host on the Shoot Folder Website to book to the Guest for various uses including but not limited to motion pictures, television and other types of creative productions, events, meetings, classes etc.

1.9 These Terms of Use are subject to revision by Shootfolder.com Pvt. Ltd. at any time. As and when the Terms of Use are updated/ revised, the responsibility of Shootfolder.com Pvt. Ltd. shall be limited to sharing/ updating the information of the revision in Terms of Use with the Users.

1.10 The revised/ updated Terms of Use shall be made available by Shootfolder.com Pvt. Ltd. on the URL www.shootfolder.com/termsofuse which shall be duly informed to the User. The User shall be expected to check and review the most recent Terms of Use (as and when updated) prior to accessing/ using the Shoot Folder Website and Services provided therein. Shootfolder.com Pvt. Ltd. may require the User to provide its direct or indirect consent to any update in a specified manner before further use of the Shoot Folder Website and the Services. If no such separate consent is sought, Your continued use of the Shoot Folder Website and/or Services, following such changes, will constitute Your acceptance of those changes.

2. SERVICES

2.1 This Agreement applies to all the Services made available by Shootfolder.com Pvt. Ltd. on the Shoot Folder Website including but not limited to the following:

a. Marketplace Facilitator: The Shoot Folder Website is an electronic platform in the form of a marketplace and an intermediary that (a) provides a platform for the Host  to advertise, exhibit, make available and offer their Sites for rent on the Shoot Folder Website the Guests, and (b) a platform for such other Guests to book the Properties listed by the Host on the Shoot Folder Website and to make payments to the Lister for various uses including but not limited to motion pictures, television and other types of creative productions, etc., and (c) services to facilitate the engagement of Listers and Guests under commerce on the Shoot Folder Website, and (d) such other services as are incidental and ancillary thereto. The Services/ Products are offered to the Users through various modes which may include issue of coupons, loyalty points and vouchers that can be redeemed for various transactions.

3. ELIGIBILITY TO USE

3.1. The Services are not available to minors under the age of eighteen (18) or to any Users suspended or removed from the system by Shootfolder.com Pvt. Ltd. for any reason whatsoever. If You are disqualified as per the preceding sentence, You shall not be permitted to avail of the Services or use the Shoot Folder Website. You represent that You are of legal age to form a binding contract and are not a person barred from receiving the Services under the laws as applicable in India. Notwithstanding the foregoing, if You are below the age of eighteen (18) years, please read through these Terms of Use with your parent or legal guardian, and in such a case these Terms of Use shall be deemed to be a contract between Shootfolder.com Pvt. Ltd. and Your legal guardian or parent and to the extent permissible under applicable laws, enforceable against You.

3.2. Shootfolder.com Pvt. Ltd. reserves the right to refuse access to use the Services offered at the Shoot Folder Website to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so.

3.3. You shall not have more than one active Account (defined hereunder) on the Shoot Folder Website. Additionally, You are prohibited from selling, trading, or otherwise transferring Your Account to another person.

4. USER ACCOUNT, PASSWORD, AND SECURITY

4.1. In order to use Services of the Shoot Folder Website, User will have to create and register an account (the “Account”) as the case may be on the Shoot Folder Website by providing certain information (which will form part of the User Information as defined in the Privacy Policy) including mobile number, email address, password, mobile number gender, age, etc.

4.2. It may be noted that for the Guest it shall be the Guest Account and for the Host, it shall be the Host Account.

4.3. Your Account username and password are personal to you. You may not transfer your account and you will be responsible for the activities associated with your Account. 

4.4. Shootfolder.com Pvt. Ltd. will not be liable for any loss or damages as a result of your failure to maintain the confidentiality of your Account credentials. If you suspect any unauthorised use of your Account, you shall immediately notify Shootfolder.com Pvt. Ltd.. 

4.5. You shall ensure that the information provided by You at the time of registration/ enrolment is complete, accurate and up-to-date. Shootfolder.com Pvt. Ltd. shall assume and presume that the aforesaid information shared from Your is correct and verified. Use of another user's Account Information for availing the Services is expressly prohibited.

4.6. If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or indulge in criminal activities like misrepresentation and concealment of identity,  Shootfolder.com Pvt. Ltd. has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Shootfolder.com Pvt. Ltd. has the right to suspend or terminate Your Account and refuse any and all current or future use of the Shoot Folder Website and the Services provides therein (or any portion thereof).

4.7. Depending upon whether You are a Lister or a Guest or another user who otherwise wish to use the Shoot Folder Website, and the nature of Services You wish to avail from the Shoot Folder Website, You may be required to provide certain personal information and Shootfolder.com Pvt. Ltd. may collect certain personal information. Your provision of, and Shootfolder.com Pvt. Ltd.' collection, storage, use, disclosure and otherwise dealing of such personal information shall be governed by Privacy Policy, which is available at www.shootfolder.com/privacypolicy and shall also be shared and made accessible to you at the time of your enrolment/ registration.

5. APPLICABLE LAWS

The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:

a. the Indian Contract Act, 1872;

b. the Information Technology Act, 2000;

c. the rules, regulations, guidelines and clarifications framed there under, including the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 (the SPDI Rules), and The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (the IG Rules); AND

d. To protect the interest of Shootfolder.com Pvt. Ltd. under any law, rule, regulation against any of the Services offered/ provided including the online marketplace feature which connects Business Users/ Host to the Guests on the Shoot Folder Website.

6. EXCLUSON OF LIABILITY

6.1 You agree, understand and acknowledge that the Shoot Folder Website is an online platform which provides various Services including but not limited to the marketplace which enables the Guests to book the Properties listed on the Shoot Folder Website on rent at the price indicated therein or any other service which is available for an offer on the Shoot Folder Website by Listers. Accordingly, the aforesaid transaction will be subject to a strict bipartite arrangement/ agreement between the Guests for booking the Property listed on the Shoot Folder Website and Host offering the same.

6.2 You further agree and acknowledge that Shootfolder.com Pvt. Ltd. is only a facilitator and is not and cannot be a party to or control in any manner any transactions between the Guest and Lister on the Shoot Folder Website.

6.3 Shootfolder.com Pvt. Ltd. neither recommends or endorses any Property listed on the Shoot Folder Website by the Lister and nor does Shootfolder.com Pvt. Ltd. provide any guarantee, warranties or assurance with respect to the advertisement, exhibition, making available, offer to rent of the Properties on the Shoot Folder Website.

6.4 YOU UNDERSTAND AND AGREE THAT SHOOTFOLDER.COM PVT. LTD. IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN LISTERS AND GUESTS, NOR IS SHOOTFOLDER.COM PVT. LTD. A REAL ESTATE BROKER, AGENT OR INSURER. SHOOTFOLDER.COM PVT. LTD. HAS NO CONTROL OVER THE CONDUCT OF LISTERS, AND OTHER GUESTS OF THE SITE AND SERVICES OR ANY PROPERTIES, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.

6.5 PLEASE NOTE THAT THE SERVICES ARE INTENDED TO BE USED SOLELY TO FACILITATE CONNECTIONS AMONG GUESTS AND LISTERS FOR THE PURPOSE OF ARRANGING PROPERTIES LISTED BY THE LISTERS FOR BOOKINGS THROUGH THE PLATFORM. SHOOTFOLDER.COM PVT. LTD. SHALL HAVE NO RESPONSIBILITY OR ANY LIABILITY TO YOU OR OTHERS FOR THE INFORMATION OR CONTENT CONTAINED IN ANY LISTINGS AND/OR THE CONDITION, LEGALITY, SAFETY, OR SUITABILITY OF ANY BOOKINGS OF THE PROPERTIES. ACCORDINGLY, ANY BOOKINGS WILL BE MADE OR ACCEPTED AT THE GUESTS’ OWN RISK. GUESTS SHOULD NOT COMPLETE, AND SHOULD IMMEDIATELY CANCEL, ANY BOOKING IF THEY FEEL UNSAFE OR UNCOMFORTABLE WITH ANY CONDITIONS RELATING TO THE BOOKING IN ANY WAY. 

7. CONTENT

7.1 Website Content

7.1.1 The Shoot Folder Website and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the "Content") on the Shoot Folder Website is owned and controlled by Shootfolder.com Pvt. Ltd. or its licensors and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights.

7.1.2 The trademarks, logos and service marks displayed on the Shoot Folder Website ("Marks") are the property of Shootfolder.com Pvt. Ltd. or their Business Users/ Host or respective third parties. You are not permitted to use the Marks without the prior consent of Shootfolder.com Pvt. Ltd., the Business User or the third party that may own the Marks.

7.1.3 Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Shootfolder.com Pvt. Ltd. owns all intellectual property rights to and into the trademark "Shoot Folder", and the Shoot Folder Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.

7.1.4 Except as expressly provided herein, You acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from Shootfolder.com Pvt. Ltd. or thirty party owners of such Content.

8. PAYMENTS RELATED INFORMATION

8.1. Presently, Shootfolder.com Pvt. Ltd. does not levy any fee for browsing the Shoot Folder Website. Shootfolder.com Pvt. Ltd. may charge Users certain fees for the use of the Shoot Folder Website and Services as a whole, or certain features of the Shoot Folder Website / Services. You agree to pay any such fees, as may be applicable to the Services that You use.

8.2. You agree to provide correct and accurate financial information, such as credit/debit card details to the approved payment gateway or pre-paid payment instrument account details or net banking or UPI account details for availing Services on the Shoot Folder Website. You shall not use the credit/debit card or pre-paid payment instrument or net banking details or UPI ID which is not lawfully owned by You, i.e., in any transaction, You must use Your own credit/debit card or pre-paid instrument account or net banking account or UPI ID. The information provided by You will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order or in accordance with the terms of the Privacy Policy. You will be solely responsible for the security and confidentiality of Your credit/debit card details or pre-paid instrument account or net banking details or UPI ID. Shootfolder.com Pvt. Ltd. expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of Your credit/ debit card or pre-paid instrument account.

8.3. For Your making payments for booking the Properties listed on the Shoot Folder Website, in addition to the Agreement(s), the terms and conditions of Your bank, applicable financial institution and/or card issuing association may also be applicable to You. Your bank, financial institution or card issuing association may decline or prevent You from making electronic payments for buying the Products on Shoot Folder Website and Shootfolder.com Pvt. Ltd. does not control the same and shall be liable for the same.

8.4. Payment Facility for booking the Property: Shootfolder.com Pvt. Ltd. may from time-to-time contract with third party payment service providers including banks to open nodal bank account under applicable Indian laws, to facilitate the payments fees and other charges as applicable for booking the Properties as listed on the Shoot Folder Website. These third-party payment service providers may include third party banking or credit card payment gateways, payment aggregators, pre-paid instruments, mobile payment service providers or through any facility as may be authorized by the Reserve Bank of India for collection, refund and remittance, as the case may be of payment or supporting the same in any manner.

8.5. Cancellation and Refund: The terms applicable to the remittance and refund of the payments on cancellations of the bookings may be accessed under the Cancellation and Refund Policy located at the URL www.shootfolder.com/cancellations 

9. USER OBLIGATIONS AND ROLE OF SHOOTFOLDER.COM PVT. LTD.

9.1. You agree to use the Shoot Folder Website and the Services provided therein only for purposes that are permitted by: (a) the Agreement(s) (including these Terms of Use); and (b) any applicable law.

9.2. You agree not to access (or attempt to access) the Shoot Folder Website or Services by any means other than through the interfaces that are provided by Shootfolder.com Pvt. Ltd. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Shoot Folder Website, or in any way reproduce or circumvent the navigational structure or presentation of the Shoot Folder Website, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Shoot Folder Website.

9.3. You agree that You are solely responsible to Shootfolder.com Pvt. Ltd. and to any third party for any breach of Your obligations under these Terms of Use or other Agreements and for the consequences (including any loss or damage which Shootfolder.com Pvt. Ltd. or its affiliates or its vendors may suffer) for any such breach.

9.4. You shall solely be responsible for maintaining the necessary computer / mobile equipment, internet connections and other software and technologies that may be required to access, use and transact on the Shoot Folder Website. You may incur access or data fees from third parties in connection with your purchase and/or use of the services. You are responsible for all such fees.

9.5. You shall use this Shoot Folder Website, and any voucher/coupons/ loyalty points purchased through it, for personal, non-commercial use only and shall not re-sell the same to any other person.

9.6. You may need to install updates that we or any third party introduce from time to time to use the services, Products, Shoot Folder Website including downloads and required functionality, such as bug fixes, patches, enhanced functions, missing plug-ins and new versions (collectively, "Updates"). Your use of the Products or Shoot Folder Website you have installed requires that you have agreed to receive such automatically requested Updates.

10. DISCLAIMER OF WARRANTIES AND LIABILITY

10.1 THE SHOOT FOLDER WEBSITE, SERVICES, CONTENT, USER CONTENT AND ANY THIRD-PARTY CONTENT ARE PROVIDED BY SHOOTFOLDER.COM PVT. LTD. ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, SHOOTFOLDER.COM PVT. LTD. MAKES NO WARRANTY THAT (I) THE SHOOT FOLDER WEBSITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR YOUR USE OF THE SHOOT FOLDER WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SHOOT FOLDER WEBSITE OR SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE; (III) THE QUALITY OF THE SHOOT FOLDER WEBSITE OR SERVICES WILL MEET YOUR EXPECTATIONS; OR THAT (IV) ANY ERRORS OR DEFECTS IN THE SHOOT FOLDER WEBSITE OR SERVICES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SHOOTFOLDER.COM PVT. LTD. OR THROUGH THE SHOOT FOLDER WEBSITE / CONTENTOR FROM USE OF THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

10.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SHOOTFOLDER.COM PVT. LTD. WILL HAVE NO LIABILITY RELATED TO USER CONTENT AND / OR THIRD-PARTY CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. SHOOTFOLDER.COM PVT. LTD. ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT AND / OR THIRD-PARTY CONTENT.

10.3 YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW SHOOTFOLDER.COM PVT. LTD. WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A CONSEQUENCE OF UNAUTHORIZED USE OF YOUR ACCOUNT OR ACCOUNT INFORMATION IN CONNECTION WITH THE SHOOT FOLDER WEBSITE OR ANY SERVICES, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. SHOOTFOLDER.COM PVT. LTD. HAS ENDEAVORED TO ENSURE THAT ALL THE INFORMATION ON THE SHOOT FOLDER WEBSITE IS CORRECT, BUT SHOOTFOLDER.COM PVT. LTD. NEITHER WARRANTS NOR MAKES ANY REPRESENTATIONS REGARDING THE QUALITY, ACCURACY OR COMPLETENESS OF ANY DATA, INFORMATION, PRODUCT OR SERVICE. SHOOTFOLDER.COM PVT. LTD. SHALL NOT BE RESPONSIBLE FOR THE DELAY OR INABILITY TO USE THE SHOOT FOLDER WEBSITE OR RELATED FUNCTIONALITIES, THE PROVISION OF OR FAILURE TO PROVIDE FUNCTIONALITIES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, FUNCTIONALITIES AND RELATED GRAPHICS OBTAINED THROUGH THE SHOOT FOLDER WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SHOOT FOLDER WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. FURTHER, SHOOTFOLDER.COM PVT. LTD. SHALL NOT BE HELD RESPONSIBLE FOR NON-AVAILABILITY OF THE SHOOT FOLDER WEBSITE DURING PERIODIC MAINTENANCE OPERATIONS OR ANY UNPLANNED SUSPENSION OF ACCESS TO THE SHOOT FOLDER WEBSITE THAT MAY OCCUR DUE TO TECHNICAL REASONS OR FOR ANY REASON BEYOND SHOOTFOLDER.COM PVT. LTD.’ CONTROL. SHOOTFOLDER.COM PVT. LTD. ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.

11. LIMITATION OF LIABILITY

11.1 In no event, including but not limited to negligence, shall Shootfolder.com Pvt. Ltd., or any of its directors, officers, employees, agents, content or service providers (collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages, arising from, or directly or indirectly related to the use of, or the inability to use, the Shoot Folder Website, or the content, materials and functions related to the Services or any other legal theory, and whether or not the Shootfolder.com Pvt. Ltd. has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed. In no event shall the Protected Entities be liable for:

a. any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Shoot Folder Website;

b. any unauthorized access to or alteration of your transmissions or data;

c. any other matter relating to the Shoot Folder Website or the Service; or

d. any losses, damage, injuries or expenses incurred by the Users as a result of any disclosures made by Shootfolder.com Pvt. Ltd., where the User has consented to the making of disclosures by the Shootfolder.com Pvt. Ltd. If the User had revoked such consent under the terms of the Privacy Policy, then Shootfolder.com Pvt. Ltd. shall not be responsible or liable in any manner to the User for any loss, damage, injury or expense incurred by the User as a result of any disclosures made by Shootfolder.com Pvt. Ltd. prior to its actual receipt of such revocation; or

11.1.1. In no event shall the total aggregate liability of the Protected Entities to an User for all damages, losses, injuries and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from this Agreement or an User's use of the Shoot Folder Website or the Services exceed, in the aggregate Rs.10,000 (Rupees Ten thousand).

12. INDEMNITY

Guests as well as the Listers agrees to indemnify and hold harmless Shootfolder.com Pvt. Ltd., its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from any and all third party claims, losses, liability, damages, injuries and / or costs (including reasonable attorney fees and costs) arising from the User's access to or use of Shoot Folder Website and the Services provided therein, violation of this Agreement by the User, or infringement of any intellectual property or other right of any person or entity by the User. Shootfolder.com Pvt. Ltd. will notify the User promptly of any such claim, loss, liability, or demand. In addition to the User's aforementioned obligations, the User agrees to provide Shootfolder.com Pvt. Ltd. with reasonable assistance in defending any such claim, loss, liability, damage, injury or cost at the User's expense.

13. TERMINATION

13.1 Shootfolder.com Pvt. Ltd. reserves the right to suspend or terminate an User's access to the Shoot Folder Website and the Services, at its sole discretion, with or without notice to such Users and upon such termination, the User’s right to use the Shoot Folder Website and the Services therein immediately ceases. The User agrees that Shootfolder.com Pvt. Ltd. shall not be liable for such termination. Without prejudice to any other rights available to Shootfolder.com Pvt. Ltd. under the Agreement or applicable law, Shootfolder.com Pvt. Ltd. reserves the right to exercise any other remedy available under law, in the following cases:

a. User breaches any terms and conditions of this Agreement;

b. A third-partyreports violation of any of its right as a result of the User's use of the Services;

c. User provides fraudulent, inaccurate, or incomplete information to the Shoot Folder Website;

d. Shootfolder.com Pvt. Ltd. is unable to verify or authenticate any information provided to Shootfolder.com Pvt. Ltd. by an User;
e. Shootfolder.com Pvt. Ltd. has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or

f. Shootfolder.com Pvt. Ltd. believes in its sole discretion that User's actions may cause legal liability for the User, other Users or for Shootfolder.com Pvt. Ltd. or are contrary to the interests of the Shoot Folder Website.

Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Shoot Folder Website under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files and other material kept on the Shoot Folder Website by such User.

14. GOVERNING LAW AND JURISDICTION

14.1 These Terms of Use and all transactions entered into on or through the Shoot Folder Website, the relationship and any contractual obligation between You and Shootfolder.com Pvt. Ltd. shall be governed in accordance with the laws of India without reference to conflict of laws principles.

14.2 Any dispute, claim or controversy arising out of or relating to this Agreement, including the determination of the scope or applicability of this Agreement to arbitrate, or your use of the Shoot Folder Website or the Services or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator appointed by Shootfolder.com Pvt. Ltd. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be New Delhi, Delhi. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute.

14.3 Subject to the above Clause 14.2, the courts at Delhi shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, your use of the Shoot Folder Website or the Services or the information to which it gives access.

15. COMMUNICATIONS

15.1 When You use the Shoot Folder Website or send emails or other data, information or communication to Shootfolder.com Pvt. Ltd., You agree and understand that You are communicating with Shootfolder.com Pvt. Ltd. through electronic records and You consent to receive communications via electronic records from Shootfolder.com Pvt. Ltd. periodically and as and when required. Shootfolder.com Pvt. Ltd. will communicate with You by email or by notices on Shoot Folder Website or electronic records on the Shoot Folder Website or on Your mobile number which will be deemed adequate service of notice / electronic record to the maximum extent permitted under any applicable law.

16. MISCELLANEOUS PROVISIONS

16.1 Notice: All notices with respect to these Terms of Use from Shootfolder.com Pvt. Ltd. will be served to You by email or by general notification on the Shoot Folder Website. Any notice provided to Shootfolder.com Pvt. Ltd. pursuant to these Terms of Use should be sent to Grievance Officer Mr. Prateek Ahuja at grievance@shootfolder.com.

16.2 Assignment: You cannot assign or otherwise transfer the Agreements, or any rights granted hereunder or any obligations, to any third party and any such assignment or transfer or purported assignment or transfer shall be void ab initio. Shootfolder.com Pvt. Ltd.'s rights and/or obligations under the Agreement are freely assignable or otherwise transferable by Shootfolder.com Pvt. Ltd. to any third parties without the requirement of seeking Your prior consent. Shootfolder.com Pvt. Ltd. may inform You of such assignment or transfer in accordance with the notice requirements under the Agreement. Shootfolder.com Pvt. Ltd. shall have right to transfer Your Account and Account Information to a third party who purchases Shootfolder.com Pvt. Ltd.'s business as conducted under the Shoot Folder Website.

16.3 Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Agreement shall continue in full force and effect. Shootfolder.com Pvt. Ltd. may amend in a reasonable manner such provision to make it enforceable and such amendment will be given effect in accordance with the amendment terms of these Terms of Use.

16.4 Waiver: Any failure or delay by a party to enforce or exercise any provision of the Agreement, or any related right, shall not constitute a waiver by such party of that provision or right. The exercise of one or more of a party's rights hereunder shall not be a waiver of, or preclude the exercise of, any rights or remedies available to such party under these Terms of Use or in law or at equity. Any waiver by a party shall only be made in writing and executed by a duly authorized officer of such party.

16.5 Principal to Principal Relationship: You and Shootfolder.com Pvt. Ltd. are independent contractors, and nothing in these Terms of Use will be construed to create a partnership, joint venture, association of persons, agency (disclosed or undisclosed), franchise, sales representative, or employment relationship between You and Shootfolder.com Pvt. Ltd. as an abundant caution, it is clarified that Shootfolder.com Pvt. Ltd. shall not have any obligation to conclude any contract for booking any Property for and / or on Your behalf.  It is further clarified that both You and Shootfolder.com Pvt. Ltd. have entered this agreement on principal-to-principal basis.

16.6 Force Majeure: If performance of any service or obligation under these Terms of Use or other Agreement by Shootfolder.com Pvt. Ltd. is, or other third parties in fulfilment of any purchase or sale transaction (for e.g.: logistics service provider, fulfilment centre, payment gateways etc.) are, prevented, restricted, delayed or interfered with by reason of labour disputes, strikes, acts of God, outbreak of a pandemic, floods, lightning, severe weather, shortages of materials, rationing, utility or communication failures, earthquakes, war, revolution, acts of terrorism, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this clause, which are beyond the reasonable control of Shootfolder.com Pvt. Ltd. or its third parties performing such services as sub-contractor to Shootfolder.com Pvt. Ltd. and could not have been prevented by reasonable precautions (each, a "Force Majeure Event"), then Shootfolder.com Pvt. Ltd. shall be excused from such performance to the extent of and during the period of such Force Majeure Event. Shootfolder.com Pvt. Ltd. shall exercise all reasonable commercial efforts to continue to perform its obligations hereunder.

16.7 Grievance Officer: In compliance with Information Technology Act, 2000 and the rules made thereunder, the Grievance Officer of Shootfolder.com Pvt. Ltd. for the purpose of this Agreement shall be Mr. Prateek Ahuja with email address: grievance@shootfolder.com  Shootfolder.com Pvt. Ltd. may change the aforesaid details from time to time under intimation to You.

17. FEEDBACK AND INFORMATION

17.1 Any feedback You provide to this Shoot Folder Website shall be deemed to be non-confidential. Shootfolder.com Pvt. Ltd. shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, You represent and warrant that (i) Your feedback does not contain confidential or proprietary information of You or of third parties; (ii) Shootfolder.com Pvt. Ltd. is not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) Shootfolder.com Pvt. Ltd. may have something similar to the feedback already under consideration or in development; and (iv) You are not entitled to any compensation or reimbursement of any kind from Shootfolder.com Pvt. Ltd. for the feedback under any circumstances.

17.2 To clarify, Shootfolder.com Pvt. Ltd. may at its discretion, make any modifications or changes to the Shoot Folder Website, Content and / or Services on the basis of such feedback, however Shootfolder.com Pvt. Ltd. shall not be obliged to do so. Further, in the event that Shootfolder.com Pvt. Ltd. makes any changes or modifications to the Shoot Folder Website, Content and / or Services on the basis of any such feedback, You shall not have any rights or title (including any intellectual property rights) in such changes or modifications to the Shoot Folder Website, Content and / or Services. You expressly waive any and all rights in such changes or modifications to the Shoot Folder Website, Content and / or Services, and assign to Shootfolder.com Pvt. Ltd., all worldwide rights and title (including any intellectual property rights) to such changes or modifications to the Shoot Folder Website, Content and / or Services, in perpetuity. You hereby waive all rights under Section 19(4) of the Indian Copyright Act, 1956, or other similar provisions in laws of any jurisdiction, in relation to any such changes or modifications to the Shoot Folder Website, Content and / or Services.