PARTY BUDHA GUEST SERVICE AGREEMENT

by | Nov 27, 2021 | Samples legal papers

 PARTY BUDHA GUEST SERVICE AGREEMENT

 

This Party Budha Guest Service Agreement (“PBGSA” or “Agreement”) consists of Party Budha Guest Terms & Condition (“PBGTC”); the Privacy Policy; and the Cookie Policy.

This Agreement is entered into strictly between Party Budha (“we”, “us”, “our”, or “the Company”), and the User (“Yyou” or “Gguest”). 

Any entity (“Yyou” or “Gguest”) that wants to use our platform for booking or renting spaces or items, ordering shipment of products or other services related to our Marketplace, or use any platform, portal, web service, mobile application, interface, or other tool provided by or for us in connection with our Marketplace, must accept the terms of this Agreement without change.  

I  PARTY BUDHA GUEST TERMS AND CONDITIONS

Please read these terms and conditions carefully before using Our Service

  • Interpretation and Definition

  1.  Interpretation

 

  1.   The words of which the initial letter is capitalized have meanings defined under the following conditions.

 

  1.   The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

 

  1.   Definitions

 

For the purposes of these Terms and Conditions:

 

Account means a unique account created for You to access our Service or parts of our Service.

Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

 

Application means the software program provided by the Company downloaded by You on any electronic device, named Party Budha

 

Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.

 

Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Party Budha Inc., 500 4th Avenue SW, Suite 2500, Calgary, T2P 2V6.

 

Cookies are small files that are placed on Your computer, mobile Device, or any other device by a website containing the details of Your browsing history on that Website among its many uses.

 

Country refers to: Alberta, Canada

 

Device means any device that can access the Service such as a computer, a cellphone, or a digital tablet.

 

Feedback means feedback, images, innovations, or suggestions sent by You regarding the attributes, performance, or features of our Service.

 

Goods refer to the items offered for sale on the Platform.

 

Guest means a customer purchasing products through Party Budha’s Website.

 

Host means a person or a business who offers their products or services on Party Budha’s Website.

 

In-app Purchase refers to the purchase of a product, item, service, or Subscription made through the Application and subject to these Terms and Conditions and/or the Application Store’s own terms and conditions.

 

Orders mean a request by You to purchase Goods or Services from Us.

 

Personal Data is any information that relates to an identified or identifiable individual.

 

Products and Services refer to the Spaces, items, or goods displayed by in the listing. (also referred as “Space,” “goods” “bookings”). 

 

Promotions refer to contests, sweepstakes or other promotions offered through the Platform.

 

Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service, or to assist the Company in analyzing how the Service is used.

 

Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Platform.

 

Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

 

Usage Data refers to data collected automatically, either generated by the use of the Application or from the Application’s infrastructure itself (for example, the duration of a page visit).

 

Visitor means the individual accessing the Website without having an account with us.

 

Website refers to Party Budha, accessible from https://www.partybudha.ca

 

You means the individual Guest accessing or using the Platform, or the company, or other legal entity on behalf of which such individualthe Guest is accessing or using the Platform, as applicable.

 

  1. Acknowledgment

  1.   These are the Terms and Conditions governing the use of Party Budha’s Platform and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Platform.

 

    1.   Your access to and use of the Platform is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Platform.

    2. By accessing or using the Platform, You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions, then You may not access the Platform.

    3. You represent that you are over the age of 18. The Company does not permit those under 18 to use the Platform.

  • Your access to and use of the Platform is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Platform.

  • Services


  •   Our Services

 Party Budha offers online marketplace related services to our Gguests who can book spaces, event locations, other party related services such as inflatable rentals, book face painters, magicians, music band or buy birthday/wedding cakes and other decorative party items. 

 

  1.   Third Parties

 

  1.  Every Gguest is independent. All Hhosts, vendors, and other third parties are independent contractors, with no affiliation to Party Budha. They are solely responsible for the character, quality, utility and provision of any Space, Vendor Service, or other specialized services they provide or do not provide to you.

  2.  We may, at will, conduct random checks for Hosts’ verification.

  3.   Party Budha shall not be responsible or liable to you or any other person for any content or information in any listing and the condition, legality, safety, or suitability of any bookings or spaces.

  4.   You shall use our Platform at your own risk. 

 

  1.   Updates

  

  1.   We may change any detail in our Platform at any time in our sole discretion.  The changes will be effective upon posting of such updates on the Platform.

  2.   We shall not be responsible for any damage you face following any change we make in the Platform.

  3.   Your continued participation or use of our Platform, constitutes your acceptance of such changes.  If you do not agree to any posted changes, do not continue to use the Party Budha Platform or any of our services. 

  • Guest’s Account

   

  1.   The first step in using our Platform is creating of a Guest Account. 

 

  1.   To create a Guest Account, you must provide all the details requested.

  2.   We also provide an option for account creation via a third-party like Google or Facebook.

  3.   You have the right to cancel any such registration.

  4.   In the event you represent a legal entity in the creation of an account, your actions shall be deemed bind the entity. You shall be liable for misrepresentation if you hold out as a representative of such entity. This may lead to a termination of your account.

  5.   You shall be required to provide a unique password to guarantee security for your account.

  6.   You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.

  7.   You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.

  8.   You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene

 

  1.   When submitting registering your account, you shall provide all the required information. You agree:

  1. to provide current, complete, and accurate information about you in your profile as prompted by the Company’s online registration form (“Registration Data”), and
  2. to maintain and update your Registration Data as required to keep such information current, complete and accurate.  
  3. You warrant that your Registration Data is and will continue to be accurate and current, and that you are authorized to provide your Registration Data.
  4. You authorize the Company to verify your Registration Data at any time.
  5. If any Registration Data that you provide is untrue, inaccurate, not current, or incomplete, the Company retains the right, in the Company’s sole discretion, to suspend or terminate your participation in the Company’s Platform.

 

  1.   Termination of your account

  1.   Your account may be suspended by us if: (a) fraud is committed through your account, (b) there us reasonable belief that your account poses a risk to other Party Budha’s users, (c) you violate either this Agreement or any other Agreement or policy entered between both Parties in this Agreement, and (d) you do not respond to communication from us and other users.

  2.   Any usage of your account to violate a provision of law, harass other users or third parties, sending spam to other users, or commit other illegal acts shall amount to a prohibitive use, and your account shall be terminated forthwith.

  3.   You may also terminate your account following a notice to us. 

  •  Your Use of Our Platform


  •   User Agreements

  1. Bookings

  1. Bookings are the result of your acceptance of the Hhost’s offer for a Space; the Hhost’s acceptance of your offer; or your acceptance of the Hhost’s product or listing without the Hhost’s prior approval.

  2. In the event you settle an Agreement in the aforesaid circumstances, we shall not be party to any contractual relationship that you enter. 
  3. You are required to follow all procedures in our Platform, including reviewing the description of the listing, amenities provided by the Hhost, add on services, house rules, cancellation policy, ratings and reviews provided by other Gguest before making a booking.

 

  1. A booking grants you limited license to use the space or product you ordered.

  2. You agree to take due diligence to make sure you preserve and protect the space or product you booked. You shall return the Space or product in the condition you received it.

  3. The Hhost or vendor may charge you for any damages incurred on the space or product.

  4. If you overstay your license, you shall be liable to pay an “overtime charge” to the Hhost or vendor.

  5. Concerning alcoholic beverages, we do not distribute alcoholic beverages. However, you can make arrangements for them with the licensed Hhosts or vendors, according to the relevant laws. 

  • Party Budha Book Assure Program

 

  1. Any deposit you pay for a booking will be kept with us (Party Budha).  We shall transfer the money to the Hhost or vendor 24 (twenty- four) hours after the date of the event.

  2. You have 6 (six) hours after the event is completed to raise a dispute with us if the Host or vendor did not meet his commitment.

  3. We bear NO responsibility for any transaction you do outside of our Platform. For your protection you should pay and chat using our platform for proper documentation. 

  1.  Chat

  1. Our Platform makes it possible for you to communicate with the Hhost or vendors.

  2. Your communication is hereby limited only to such matters concerning your booking of the Hhost’s Platform.

  3. The Platform’s Admin. may monitor all chat conversations between You and the Hhost or vendor for quality and dispute resolution purpose.

  4. We shall treat the contents of your chats with utmost confidentiality.

  5. You are strictly prohibited from sharing personal or sensitive information with other users of our Platform.

 

  1. Notifications

  1. We may communicate to you at will, through any contact details in your account.

  2. You agree to receive mobile notifications from us. Standard rates will apply for such notifications.
     
  3. You shall have an option of disabling the notifications. However, you may miss out on important information concerning your account.

  4. We shall not be liable for any loss or damage you suffer because of disabling the notifications. 

  • Fees and Payment


  •   Fees


  • You agree that we shall charge you Guest Service/Booking Fees for the services you book from our Website. 

 

  1. We have the right, at any time, to revise charges considering the platform maintenance and support cost.  

 

  1. We have the right to pursue any remedy available in law to effect your payment of any pending charges. 

 

  1. You must take keen notice of the charges listed in your booking, to avoid any misunderstanding in the amount for payment.

 

  1. In addition to the fees charged on the products you receive, the Hhost or vendor may charge additional fees. Such fees include cleaning fees, and other Add-On fees that are mandated by the Hhost as mentioned in the listing. 

 

  1. You are solely responsible for the payment and reporting of taxes, fines, and penalties.

 

  1.   Payment

  1.  All payments shall be made using credit card, or digital wallet such as PayPal, apple pay etc. 

 

  1.  Payments are done based on the nature of the listing. In some cases, the full fees will be charged upfront and in others, only a deposit/ payment fee will be charged in advance and remaining will be charged once the event/booking is completed. 

 

  1.  You are required to settle all payments and any expense involved, in a timely manner. 

 

  1.  The Company will process your orders and collect all amounts due from you for bookings made by you through the Company’s Platform.

 

  1.  The Company will remit such amounts, less any service fee owed to the Company by you, to the Hhost.

 

  1.  You hereby appoint the Company as your agent for the sole and express purpose of making payments to Hhosts for the products on the Company’s Platform.

 

  1.  You acknowledge that, the Company’s receipt of funds from you is deemed the Hhost or vendor’s receipt of funds from you.

 

  1.  For the sake of clarity, your Order is deemed complete only once the event is completed or the Product has been delivered to you; and the expiry of any returns and/or cancellation period, if any.

 

  1.  If the Company concludes that your actions and/or performance in connection with this Agreement may result in Hhosts’ or vendors’ disputes, chargebacks or other claims, then the Company may, in its sole discretion, withhold any security deposit that are otherwise due to Yyou under this Agreement until a completion of any investigation(s) regarding Yyour actions and/or performance in connection with this Agreement.

  • Intellectual Property

 

  1.   Our Services and the content in our Platform (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.

 

  1.   Our trademarks may not be used in connection with any product or service without the prior written consent of the Company.

 

  1.   We are protected by copyright, trademark, and other laws of both the Country and foreign countries.

 

  1.   We give Yyou a temporary, non-exclusive license to use such services, including third-party’s services, in our Website to the limited extent of facilitating this Agreement. 

  •   We also own all transaction information and all other information relating to bookings or Products, including but not limited to information that is created following a transaction, and ratings and reviews provided by Customers. All such information is subject to any existing Privacy Policy of the Company’s Marketplace.

 

  1. Support

 

To improve Yyour experience in using our platform, we shall provide Yyou with information on our support site.  

  • Promotions


  •   Any Promotions made available through the Platform may be governed by rules that are separate from these Terms.

 

  1.   If You participate in any Promotions, please review the applicable rules as well as our Privacy policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

  • Copyright Policy

 

Intellectual Property Infringement

 

We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Platform infringes a copyright or other intellectual property infringement of any person.

  • Your Feedback to Us

 

You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

  •   Termination

 

  1. We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

 

  1. Upon termination, Your right to use the Platform will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Platform.

  •   Disclaimer

 

  1. THE INFORMATION CONTAINED ON THE PLATFORM IS FOR GENERAL INFORMATION PURPOSES ONLY.

 

  1. THE COMPANY ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE CONTENTS OF THE PLATFORM.

 

  1. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OR ANY DAMAGES WHATSOEVER, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORT, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE PLATFORM OR THE CONTENTS OF THE PLATFORM. 

 

  1. THE COMPANY RESERVES THE RIGHT TO MAKE ADDITIONS, DELETIONS, OR MODIFICATIONS TO THE CONTENTS ON THE PLATFORM AT ANY TIME WITHOUT PRIOR NOTICE. THIS DISCLAIMER HAS BEEN CREATED WITH THE HELP OF THE DISCLAIMER GENERATOR.

 

  1. THE COMPANY DOES NOT WARRANT THAT THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

  2. THE PLATFORM MAY CONTAIN LINKS TO EXTERNAL WEBSITES THAT ARE NOT PROVIDED OR MAINTAINED BY OR IN ANY WAY AFFILIATED WITH THE COMPANY. PLEASE NOTE THAT THE COMPANY DOES NOT GUARANTEE THE ACCURACY, RELEVANCE, TIMELINESS, OR COMPLETENESS OF ANY INFORMATION ON THESE EXTERNAL WEBSITES.  LIMITATION OF LIABILITY

 

  1. THE INFORMATION GIVEN BY THE PLATFORM IS FOR GENERAL GUIDANCE ON MATTERS OF INTEREST ONLY. EVEN IF THE COMPANY TAKES EVERY PRECAUTION TO ENSURE THAT THE CONTENT OF THE PLATFORM IS BOTH CURRENT AND ACCURATE, ERRORS CAN OCCUR. PLUS, GIVEN THE CHANGING NATURE OF LAWS, RULES AND REGULATIONS, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN THE INFORMATION CONTAINED ON THE SERVICE. THE COMPANY IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS, OR FOR THE RESULTS OBTAINED FROM THE USE OF THIS INFORMATION.

 

  1. THE COMPANY MAY USE COPYRIGHTED MATERIAL WHICH HAS NOT ALWAYS BEEN SPECIFICALLY AUTHORIZED BY THE COPYRIGHT OWNER. THE COMPANY IS MAKING SUCH MATERIAL AVAILABLE FOR CRITICISM, COMMENT, NEWS REPORTING, TEACHING, SCHOLARSHIP, OR RESEARCH. THE COMPANY BELIEVES THIS CONSTITUTES A “FAIR USE” OF ANY SUCH COPYRIGHTED MATERIAL AS PROVIDED FOR IN THE COPYRIGHT ACT OF CANADA. IF YOU WISH TO USE COPYRIGHTED MATERIAL FROM THE PLATFORM FOR YOUR OWN PURPOSES THAT GO BEYOND FAIR USE, YOU MUST OBTAIN PERMISSION FROM THE COPYRIGHT OWNER.

 

  1. THE PLATFORM MAY CONTAIN VIEWS AND OPINIONS WHICH ARE THOSE OF THE AUTHORS AND DO NOT NECESSARILY REFLECT THE OFFICIAL POLICY OR POSITION OF ANY OTHER AUTHOR, AGENCY, ORGANIZATION, EMPLOYER OR COMPANY, INCLUDING THE COMPANY. COMMENTS PUBLISHED BY USERS ARE THEIR SOLE RESPONSIBILITY AND THE USERS WILL TAKE FULL RESPONSIBILITY, LIABILITY AND BLAME FOR ANY LIBEL OR LITIGATION THAT RESULTS FROM SOMETHING WRITTEN IN OR AS A DIRECT RESULT OF SOMETHING WRITTEN IN A COMMENT. THE COMPANY IS NOT LIABLE FOR ANY COMMENT PUBLISHED BY USERS AND RESERVE THE RIGHT TO DELETE ANY COMMENT FOR ANY REASON WHATSOEVER.

 

  1. THE INFORMATION ON THE PLATFORM IS PROVIDED WITH THE UNDERSTANDING THAT THE COMPANY IS NOT HEREIN ENGAGED IN RENDERING LEGAL, ACCOUNTING, TAX, OR OTHER PROFESSIONAL ADVICE AND SERVICES. AS SUCH, IT SHOULD NOT BE USED AS A SUBSTITUTE FOR CONSULTATION WITH PROFESSIONAL ACCOUNTING, TAX, LEGAL OR OTHER COMPETENT ADVISERS.

 

  1. IN NO EVENT SHALL THE COMPANY OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE OR INABILITY TO ACCESS OR USE THE PLATFORM.

 

  1. ALL INFORMATION IN THE PLATFORM IS PROVIDED “AS IS”, WITH NO GUARANTEE OF COMPLETENESS, ACCURACY, TIMELINESS OR OF THE RESULTS OBTAINED FROM THE USE OF THIS INFORMATION, AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF PERFORMANCE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

 

  1. THE COMPANY WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE ON THE INFORMATION GIVEN BY THE PLATFORM OR FOR ANY CONSEQUENTIAL, SPECIAL OR SIMILAR DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

  •   Limitation of Liability

  •  NEITHER PARTY BUDHA NOR ITS AGENTS, DIRECTORS, SHAREHOLDERS, MEMBERS, PARTNERS, MANAGERS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, DISTRIBUTORS, VENDORS, ATTORNEYS, OR AFFILIATES SHALL HAVE ANY LIABILITY WITH RESPECT TO, AND YOU HEREBY WAIVE, RELEASE, AND AGREE NOT TO SUE ANY OF THEM UPON, ANY CLAIM FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES SUFFERED OR INCURRED BY YOU IN CONNECTION WITH, ARISING OUT OF, OR IN ANY WAY RELATED TO, THIS AGREEMENT OR YOUR USE OF ANY OF OUR SERVICES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH THE PLATFORM OR SERVICES, OR ANY CONTENT CONTAINED THEREIN, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PLATFORM AND SERVICES. AS USED HEREIN.

 

  1. THIS LIMITATION APPLIES TO THE EXTENT PERMITTED BY LAW

  • Governing Law

 

The laws of Canada, excluding its conflicts of law rules, shall govern this Terms and Your use of the Platform. Your use of the Application may also be subject to other local, state, national, or international laws.

  •   Dispute Resolution 

 

If You have any concern or dispute about the Platform, You agree to first try to resolve the dispute informally by contacting the Company. If that fails, the dispute will be settled through binding arbitration and not in a court of law.

 

  1.   For European (EU) Users

 

If You are a European Union consumer, Yyou will benefit from any mandatory provisions of the law of the country in which Yyou are resident in.

  

  •   Severability and Waiver


  •   Severability

 

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

  •   Waiver

 

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

  •   Translation Interpretation

 

These Terms and Conditions may have been translated if We have made them available to You on our Platform. You agree that the original English text shall prevail in the case of a dispute.

  •   Changes to these Terms and Conditions

 

  1. We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

 

  1. By continuing to access or use Our Platform after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Platform.

  •   Contact Us


If Yyou have any questions about these Terms and Conditions, You can contact us:

  • By email: hello@partybudha.ca 

 

PARTY BUDHA PRIVACY POLICY

This Privacy Policy describes Our policies and procedures on the collection, use, and disclosure of Your information when You use the Service and tells You about Your privacy rights and how the law protects You.

We use Your Personal data to provide and improve the Service. By using the Service, You agree to the collection and use of information under this Privacy Policy.

  • Collecting and Using Your Personal Data


  •  Types of Data Collected


  • Personal Data

 

While using Our Application, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:

 

Email address

First name and last name

Phone number

Address, State, Province, ZIP/Postal code, City

  • Usage Data

 

Usage Data is automatically collected when using the Application.

 

Usage Data may include information such as Your Device’s Internet Protocol address (e.g., IP address), browser type, browser version, the pages of our Application that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

 

When You access the Application by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile Device You use, Your mobile device unique ID, the IP address of Your mobile Device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.

 

We may also collect information that Your browser sends whenever You visit our Website or when You access the Application by or through a mobile device.

 

Information from Third-Party Social Media Services

 

The Company allows You to create an account and log in to use the Application through the following Third-party Social Media Services:

  • Google
  • Facebook
  • Twitter

 

If You decide to register through or otherwise grant us access to a Third-Party Social Media Service, We may collect Personal data that is already associated with Your Third-Party Social Media Service’s account, such as Your name, Your email address, Your activities or Your contact list associated with that account.

 

You may also have the option of sharing additional information with the Company through Your Third-Party Social Media Service’s account. If You choose to provide such information and Personal Data, during registration or otherwise, You are giving the Company permission to use, share, and store it in a manner consistent with this Privacy Policy.

  • Information Collected While Using the Application

 

While using Our Application, to provide features of Our Application, We may collect, with Yyour prior permission:

 

  • Information regarding Yyour location
  • Pictures and other information from Yyour Device’s camera and photo library

 

We use this information to provide features of Our Service to improve and customize Our Application. The information may be uploaded to the Company’s servers or a Service Provider’s server, or it is simply stored on Your Device.

 

You can enable or disable access to this information at any time, through Your Device settings.

 

  1. Tracking Technologies and Cookies

 

We use Cookies and similar tracking technologies to track the activity on Our Service and store certain information. Tracking technologies used are beacons, tags, and scripts to collect and track information and to improve and analyze Our Application.

 

You can instruct Your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if You do not accept Cookies, Yyou may not be able to use some parts of our Application.

 

Cookies can be “Persistent” or “Session” Cookies. Persistent Cookies remain on Yyour personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close Yyour web browser. Learn more about cookies: All About Cookies.

 

We use both session and persistent Cookies for the purposes set out below:

 

  • Necessary / Essential Cookies

 

Type: Session Cookies

Administered by: Us

 

Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to give Yyou those services.

 

  • Cookies Policy / Notice Acceptance Cookies

 

Type: Persistent Cookies

 

Administered by: Us

 

Purpose: These Cookies identify if users have accepted the use of cookies on the Website.

 

  • Functionality Cookies

 

Type: Persistent Cookies

 

Administered by: Us

 

Purpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering Yyour login details or language preference. The purpose of these Cookies is to provide You with more personal experience and to avoid You having to re-enter Yyour preferences every time You use the Website.

 

  • Tracking and Performance Cookies

 

Type: Persistent Cookies

 

Administered by: Third Parties

 

Purpose: These Cookies are used to track information about traffic to the Website and how users use the Website. The information gathered via these Cookies may directly or indirectly identify Yyou as an individual visitor. This is because the data collected is typically linked to a pseudonymous identifier associated with the Device Yyou use to access the Website. We may also use these Cookies to test new advertisements, pages, features, or new functionality of the Website to see how our users react to them.

 

For more information about the cookies we use and Yyour choices regarding cookies, please visit our Cookies Policy or the Cookies section of our Privacy Policy.

  •   Use of Your Personal Data

 

The Company may use Personal Data for the following purposes:

  • To provide and maintain our Application, including to monitor the usage of our Application.
  • To manage Your Account: to manage Your registration as a user of the Application. The Personal Data You provide can give You access to different functionalities of the Application that are available to You as a registered user.
  • For the performance of a contract: the development, compliance, and undertaking of the purchase contract for the products, items, or services You have purchased or of any other contract with Us through the Application.
  • To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application’s push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
  • To provide You with news, special offers and general information about other goods, services, and events which we offer that are similar to those that Yyou have already purchased or enquired about unless You have opted not to receive such information.

 

  • To manage Your requests: To attend and manage Your requests to us.
  • We may share Yyour personal information in the following situations:
  • With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Application, to advertise on third party websites to You after You visited our Application, for payment processing, to contact You.
  • For Business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of our business to another company.
  • With Affiliates: We may share Your information with Our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include Our parent company and any other subsidiaries, joint venture partners, or other companies that We control or that are under common control with us.
  • With Business Partners: We may share Your information with Our business partners to offer You certain products, services, or promotions.
  • With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside. If You interact with other users or register through a Third-Party Social Media Service, Yyour contacts on the Third-Party Social Media Service may see Your name, profile, pictures, and description of Your activity. Similarly, other users will be able to view descriptions of Your activity, communicate with You, and view Your profile.

  •   Retention of Your Personal Data

 

The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent required to comply with our legal obligations (for example, if we are required to retain Yyour data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

 

The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter time, except when this data is used to strengthen the security or to improve the functionality of Our Application, or We are legally obligated to retain this data for more extended periods.

  •   Transfer of Your Personal Data

 

Your information, including Personal Data, is processed at the Company’s operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country, or other governmental jurisdiction where the data protection laws may differ from those from Your jurisdiction.

 

Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer.

 

The Company will take all steps reasonably necessary to ensure that Your data is treated securely and per this Privacy Policy, and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information.

  •   Disclosure of Your Personal Data

 

Business Transactions

 

If the Company is involved in a merger, acquisition, or asset sale, Your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy.

 

Law Enforcement

 

Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g., a court or a government agency).

 

Other Legal Requirements 

 

The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:

  • Comply with a legal obligation

  • Protect and defend the rights or property of the Company

  • Prevent or investigate possible wrongdoing in connection with the Application

  • Protect the personal safety of Users of the Application or the public

  • Protect against legal liability

  •   Security of Your Personal Data

 

The security of Your Personal Data is important to us but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, we cannot guarantee its absolute security.

  • Detailed Information on the Processing of Your Personal Data

 

Service Providers have access to Your Personal Data only to perform their tasks on Our behalf and are obligated not to disclose or use it for any other purpose.

 

  1.  Third-Party Services

 

  1.  Analytics

 

We may use third-party Service providers to monitor and analyze the use of our Application.

 

Google Analytics

 

Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Application. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its advertising network.

You can opt-out of having made Yyour activity on the Application available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js, and dc.js) from sharing information with Google Analytics about visits activity.

You may opt-out of certain Google Analytics features through Yyour mobile device settings, such as Yyour device advertising settings or by following the instructions provided by Google in their Privacy Policy: https://policies.google.com/privacy

For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy

 

Firebase

 

Firebase is an analytics service provided by Google Inc.

You may opt-out of certain Firebase features through Yyour mobile device settings, such as Yyour device advertising settings or by following the instructions provided by Google in their Privacy Policy: https://policies.google.com/privacy

We also encourage Yyou to review Google’s policy for safeguarding Yyour data: https://support.google.com/analytics/answer/6004245

For more information on what type of information Firebase collects, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy

 

Matomo

 

Matomo is a web analytics service. You can visit their Privacy Policy page here: https://matomo.org/privacy-policy

 

Clicky

 

Clicky is a web analytics service. Read the Privacy Policy for Clicky here: https://clicky.com/terms

 

Statcounter

 

Statcounter is a web traffic analysis tool. You can read the Privacy Policy for Statcounter here: https://statcounter.com/about/legal/

 

Flurry Analytics

 

Flurry Analytics service is provided by Yahoo! Inc.

You can opt-out from Flurry Analytics service to prevent Flurry Analytics from using and sharing Yyour information by visiting the Flurry’s Opt-out page: https://developer.yahoo.com/flurry/end-user-opt-out/

For more information on the privacy practices and policies of Yahoo!, please visit their Privacy Policy page: https://policies.yahoo.com/xa/en/yahoo/privacy/index.htm

 

Mixpanel

 

Mixpanel is provided by Mixpanel Inc.

 

You can prevent Mixpanel from using Yyour information for analytics purposes by opting-out. To opt-out of Mixpanel service, please visit this page: https://mixpanel.com/optout/

 

For more information on what type of information Mixpanel collects, please visit the Terms of Use page of Mixpanel: https://mixpanel.com/terms/

 

Unity Analytics

 

Unity Analytics is provided by Unity Technologies.

 

For more information on what type of information Unity Analytics collects, please visit their Privacy Policy page: https://unity3d.com/legal/privacy-policy

  1.   Email Marketing

 

We may use Your Personal Data to contact You with newsletters, marketing or promotional materials and other information that may be of interest to You. You may opt-out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email We send or by contacting us.

 

We may use Email Marketing Service Providers to manage and send emails to You.

 

Mailchimp

 

Mailchimp is an email marketing sending service provided by The Rocket Science Group LLC.

 

For more information on the privacy practices of Mailchimp, please visit their Privacy policy: https://mailchimp.com/legal/privacy/

 

  1.   Payments

 

We may provide paid products or services within the Application. In that case, we may use third-party services for payment processing (e.g., payment processors).

 

We will not store or collect Your payment card details. That information is provided directly to Our third-party payment processors whose use of Your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express, and Discover. PCI-DSS requirements help ensure the secure handling of payment information.

 

Stripe

 

Their Privacy Policy can be viewed at https://stripe.com/us/privacy

 

PayPal

 

Their Privacy Policy can be viewed at https://www.paypal.com/webapps/mpp/ua/privacy-full


 

  1.   Behavioral Remarketing

 

The Company uses remarketing services to advertise on third party websites to You after You visited our Application. Our third-party vendors and we use cookies to inform, optimize, and serve ads based on Your past visits to our Application.

 

Google Ads (AdWords)

 

Google Ads (AdWords) remarketing service is provided by Google Inc.

 

You can opt-out of Google Analytics for Display Advertising and customize the Google Display Network ads by visiting the Google Ads Settings page: http://www.google.com/settings/ads

 

Google also recommends installing the Google Analytics Opt-out Browser Add-on – https://tools.google.com/dlpage/gaoptout – for Yyour web browser. Google Analytics Opt-out Browser Add-on provides visitors with the ability to prevent their data from being collected and used by Google Analytics.

 

For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy

 

Facebook

 

Facebook remarketing service is provided by Facebook Inc.

 

You can learn more about interest-based advertising from Facebook by visiting this page: https://www.facebook.com/help/164968693837950

 

To opt-out from Facebook’s interest-based ads, follow these instructions from Facebook: https://www.facebook.com/help/568137493302217

 

Facebook adheres to the Self-Regulatory Principles for Online Behavioural Advertising established by the Digital Advertising Alliance. You can also opt-out from Facebook and other participating companies through the Digital Advertising Alliance in the USA http://www.aboutads.info/choices/, the Digital Advertising Alliance of Canada in Canada http://youradchoices.ca/ or the European Interactive Digital Advertising Alliance in Europe http://www.youronlinechoices.eu/, or opt-out using Yyour mobile device settings.

 

For more information on the privacy practices of Facebook, please visit Facebook’s Data Policy: https://www.facebook.com/privacy/explanation

 

  1.   Usage, Performance, and Miscellaneous

 

We may use third-party Service Providers to provide better improvement of our Application.

 

Invisible reCAPTCHA

 

We use an invisible captcha service named reCAPTCHA. reCAPTCHA is operated by Google.

 

The reCAPTCHA service may collect information from You and from Your Device for security purposes.

 

The information gathered by reCAPTCHA is held per the Privacy Policy of Google: https://www.google.com/intl/en/policies/privacy/

 

Mouseflow

 

Mouseflow is a session replay and heatmap tool that shows how visitors click, move, scroll, browse, and pay attention to websites. The Service is operated by ApS.

 

Mouseflow Service may collect information from Your Device.

 

The information gathered by Mouseflow is held per its Privacy Policy: https://mouseflow.com/privacy/

 

FreshDesk

 

FreshDesk is a customer support software. The Service is operated by Freshworks, Inc.

 

FreshDesk Service may collect information from Your Device.

 

The information gathered by FreshDesk is held per its Privacy Policy: https://www.freshworks.com/privacy/

 

Google Places

 

Google Places is a service that returns information about places using HTTP requests. It is operated by Google

 

Google Places service may collect information from You and from Your Device for security purposes.

 

The information gathered by Google Places is held per the Privacy Policy of Google: https://www.google.com/intl/en/policies/privacy/

  • Your California Privacy Rights (California Shine the Light Law)

 

Under California Civil Code Section 1798 (California’s Shine the Light law), California residents with an established business relationship with us can request information once a year about sharing their Personal Data with third parties for the third parties’ direct marketing purposes.

If you’dYou would like to request more information under the California Shine the Light law, and if Yyou are a California resident, Yyou can contact us using the contact information provided below.

  • California Privacy Rights for Minor Users (California Business and Professions Code Section 22581)

 

California Business and Professions Code section 22581 allows California residents under the age of 18 who are registered users of online sites, services, or applications to request and obtain removal of content or information they have publicly posted.

 

To request the removal of such data, and if Yyou are a California resident, Yyou can contact us using the contact information provided below and include the email address associated with Your account.

 

Be aware that Your request does not guarantee complete or comprehensive removal of content or information posted online and that the law may not permit or require removal in certain circumstances.

  • Links to Other Websites

 

Our Application may contain links to other websites that are not operated by Us. If You click on a third party link, You will be directed to that third party’s site. We strongly advise You to review the Privacy Policy of every site You visit.

 

We have no control over and assume no responsibility for the content, privacy policies, or practices of any third party sites or services.

  • Changes to this Privacy Policy

 

We may update our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page.

 

We will let You know via email or a prominent notice on Our Application, before the change becoming effective and update the “Last Updated” date at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

 

PARTY BUDHA COOKIES POLICY

This Cookies Policy explains what Cookies are and how We use them. You should read this policy so You can understand what type of cookies We use, or the information We collect using Cookies and how that information is used.

Cookies do not typically contain any information that personally identifies a user, but personal information that we store about You may be linked to the information stored in and obtained from Cookies. For more details on how We use, store, and keep Yyour personal data secure, see our Privacy Policy.

We do not store sensitive personal information, such as mailing addresses, account passwords, etc. in the Cookies We use.

  • The Use of the Cookies

  •   Types of Cookies We Use. 


  • Cookies can be “Persistent” or “Session” Cookies. Persistent Cookies remain on Yyour personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close Yyour web browser.

 

  • We use both session and persistent Cookies for the purposes set out below:

  • Necessary / Essential Cookies

 

  • Type: Session Cookies

 

  • Administered by: Us

  • Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to offer Yyou those services.

Cookies Policy / Notice Acceptance Cookies

 

Type: Persistent Cookies

 

Administered by: Us

 

Purpose: These Cookies identify if users have accepted the use of cookies on the Website.

 

Functionality Cookies

 

Type: Persistent Cookies

 

Administered by: Us

 

Purpose: These Cookies allow us to remember choices Yyou make when Yyou use the Website, such as remembering Yyour login details or language preference. The purpose of these Cookies is to provide Yyou with more personal experience and to avoid You having to re-enter Yyour preferences every time Yyou use the Website.

 

Tracking and Performance Cookies

 

Type: Persistent Cookies

 

Administered by: Third Parties

 

Purpose: These Cookies are used to track information about traffic to the Website and how users use the Website. The information gathered via these Cookies may directly or indirectly identify Yyou as an individual visitor. This is because the data collected is typically linked to a pseudonymous identifier associated with the Device Yyou use to access the Website. We may also use these Cookies to test new advertisements, pages, features, or new functionality of the Website to see how our users react to them.

 

Targeting and Advertising Cookies

 

Type: Persistent Cookies

 

Administered by: Third Parties

Purpose: These Cookies track Yyour browsing habits to enable Us to show advertising, which is more likely to be of interest to Yyou. These Cookies use information about Yyour browsing history to group You with other users who have similar interests. Based on that information, and with Our permission, third-party advertisers can place Cookies to enable them to show adverts, which We think will be relevant to Yyour interests while You are on third party websites.

 

Social Media Cookies

 

Type: Persistent Cookies

 

Administered by: Third Parties

 

Purpose: In addition to Our Cookies, we may also use various third parties Cookies to report usage statistics of the Website, deliver advertisements on and through the Website, and so on. These Cookies may be used when You share information using social media networking websites such as Facebook, Instagram, Twitter, or Google+.

  •   Your Choices Regarding Cookies

 

If You prefer to avoid the use of Cookies on the Website, first, Yyou must disable the use of Cookies in Yyour browser and then delete the Cookies saved in Yyour browser associated with this Website. You may use this option to prevent the use of Cookies at any time.

 

If You do not accept Our Cookies, Yyou may experience some inconvenience in Yyour use of the Website, and some features may not function properly.

 

If You’d like to delete Cookies or instruct Yyour web browser to delete or refuse Cookies, please visit the help pages of Yyour web browser.

 

For the Chrome web browser, please visit this page from Google: https://support.google.com/accounts/answer/32050

 

For the Internet Explorer web browser, please visit this page from Microsoft: http://support.microsoft.com/kb/278835

 

For the Firefox web browser, please visit this page from Mozilla: https://support.mozilla.org/en-US/kb/delete-cookies-remove-info-websites-stored

 

For the Safari web browser, please visit this page from Apple: https://support.apple.com/guide/safari/manage-cookies-and-website-data-sfri11471/mac

 

For any other web browser, please visit Yyour web browser’s official web pages.

  •   More Information About Cookies

 

You can learn more about cookies: All About Cookies.

  • Contact Us

 

If Yyou have any questions about this Privacy Policy, Yyou can contact us:

  • By email: hello@partybudha.ca

 

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