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Terms and Conditions

User Terms and Conditions

About these Terms

  1. These terms and conditions (“Terms”) explain the terms and conditions applicable to party booking requests made by you with Growing Young Disciples (“NYT EAGLE”).
  2. These terms and conditions apply to NYT EAGLE Partys (including all partys uploaded by our vendors on our website ) Different cancellation policies may apply to different types of Party’s, so please read these terms carefully.
  3. Making a booking request for a Party constitutes your acceptance of these Terms and your agreement to comply with them. Please read these Terms carefully before you complete a Party booking request. These Terms tell you how Party bookings can be made, changed and cancelled, and other important information. Where you are making a booking on our website, these Terms should be read in conjunction with our website Terms of Use and Cookies and Privacy Statement. Your attention is particularly drawn to the provisions of Clause 9 (Limitation of Liability). We reserve the right to amend these Terms from time to time.
  4. If you need to discuss any of these Terms, please contact us. 

Our contact details are:

Email: party@nyteagle.com

Web: www.nyteagle.com

If we need to contact you about your booking request we will do so using the contact details submitted by you during the booking process.

In these Terms:

  1. “NYT EAGLE Party’s” means any in-person club party, program, conference or residential.
  2. “NYT EAGLE Training” means any virtual training.
  3. “Party(s)” means the party that you are making a booking request for at the time of acceptance of these Terms.

Your Booking

  1. Submitting an Party booking through our online party booking system does not guarantee you a place at any of our Party’s. We will issue an automated email confirmation of your booking request. Your place at the Party is not guaranteed until (a) payment of the Party Fee (if applicable) is received or (b) you receive an email from us confirming your place is booked. Payment of the Party Fee must be made at least five (5) Hours before the Party.
  2. If we cannot accept your booking, we will let you know by email and refund any payment made.
  3. It is your responsibility to ensure that the information you provide to us during the booking process is complete and accurate.
  4. We reserve the right to give booking preference to those people who meet any attendance criteria for the Party. If applicable, these criteria will be on our website on the page for the Party.
  5. We reserve the right to request payment of a Non-Attendance Fee. The amount, if any, will be listed in the Party registration details. Where insufficient notice of cancellation is given, or none at all (see Summary of cancellation Policy), an invoice will be sent by email after the missed Party to complete payment.
  6. When NYT EAGLE accepts your Party booking, it may incur costs associated with your booking. If you:

(a) Fail to attend the Party for which your booking has been accepted, or

(b) Cancel the Party with less than 5 hours notice in writing to NYT EAGLE.

NYT EAGLE may charge you a Non-Attendance Fee as liquidated damages. The Non-Attendance Fee represents a genuine pre-estimate of NYT EAGLE’s costs and losses associated with allocating you a place at the Party and is proportionate to our legitimate interests in providing training opportunities to promote the interests of children’s and youth work.

  1. If your attendance at an Party is not recorded, the Non-Attendance Fee invoice will be sent by email within 10 days of the Party. If you are due to pay a Non-Attendance Fee you may contact party@nyteagle.comif you wish to make payment by any other method.

Payment of the Party Fee (where applicable)

  1. The fee for the Party will be shown on our website on the page for the Party.
  2. Payment of the fee should be made by electronic payment via our website at the time of making the booking request. If you experience difficulties with making payment, please contact our team to arrange an alternative method of payment.
  3. Payment of the fee must be made at least five (5) hours before the Party to guarantee you a place at the Party. If payment of the fee is not received at least five (5) hours before the Party, we reserve the right to reject your booking and offer your place to another applicant.
  4. Your receipt of our invoice and/or confirmation completes our contract with you. Non-payment of invoices are subject to debt collection activity.

Deposit (where applicable)

  1. We reserve the right to collect a deposit at the time of your Party booking. The amount of deposit required, if any, will be listed in the Party registration details. This deposit will be deducted from the Party fee.
  2. If you do not attend the Party or cancel outside the cancellation window, your deposit will not be refunded since NYT EAGLE will have incurred costs and losses associated with allocating you a place at the Party. Please see the ‘Cancellation by You’ section below for full details.

The Party

  1. We will use reasonable endeavor’s to describe the Party content in the Party descriptions on our website accurately, but these are intended only to give an approximate idea of the Party.
  2. We reserve the right to amend the program of the Party or to cancel the Party and any booking.
  3. You may, as part of an Party, be asked to record a video of yourself demonstrating your skills. You may be asked to upload the video to a video-sharing platform e.g. YouTube and share the link to the video with fellow delegates for feedback. The recording, uploading and sharing of a video is not compulsory however you may not get the full benefit of the Party if you abstain. You agree to abide by the relevant video-sharing platform’s user terms and conditions. You agree not to share any illegal, infringing, defamatory or improper content or content that in any way does not meet the standards expected by NYT EAGLE.
  4. NYT EAGLE does not have control over any links shared during an Party and does not accept any liability for the content being viewed.
  5. It is your responsibility to comply with all instructions given at the Party and to comply with all applicable laws, including health and safety laws, fire regulations and any codes of conduct for wi-fi access.
  6. If attendance at the Party makes you privy to any information which is marked, or might reasonably be understood to be, confidential, you shall not use such information for any other purpose other than participation in the Party.
  7. Attendance at any Party is not guaranteed to meet any revalidation or CPD requirements you may have.
  8. Special dietary requirements must be notified to us in writing, either during the booking process or by contacting us by email before the Party.

Data Protection 

  1. Our Privacy Policy sets out the terms on which we process any personal data we collect from you, or that you provide to us. By making a booking for the Party, you consent to such processing by us and you warrant that all data provided by you is accurate. We may authorise a third party to process such data for the purposes of delivering the Party on terms which are substantially similar to those set out in these Terms. This includes our party booking platform provider and our payment processing provider. We will only ever give your personal data to other third parties where the law either requires us or allows us to do so, or where you have given consent.
  2. By making a booking for the Party you consent to the personal data (as defined in the Data Protection Bill 2022 as amended) submitted through our booking system being used:
  • For all necessary purposes for the administration of the Party including registration, delegate badges and catering;
  • To contact you about the Party; and
  • To provide delegate lists in hard copy and electronic form to other attendees at the Party including delegates, speakers and third-party sponsors or funders of the Party.
  • To share your details with any other organisation involved in co-running the party or where your membership of such organisation is relevant to your eligibility for the party.

 

  1. By attending the Party, you agree that you are 18+ and we may use, reproduce and/or publish in any way whatsoever (without any payment being due to you) any photographs and/or video/audio that may pertain to you (including your image, likeness and/or your voice) and that we may licence others to do the same. You agree that such material may be used in our publications, public affairs releases, broadcast material and on our website, or for other related purposes. This agreement will continue until you notify us in writing that permission is withdrawn.

Cancellation by You

  1. This cancellation policy applies to all Party bookings once you have received confirmation of receipt of your order including, for example, a confirmation email or an invoice. Please note that when you submit an Party booking application for an party on a specified date and time that you are not entitled to a ‘cooling off period’ under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
  2. Cancellation of NYT EAGLE Training Party’s.If you find you are not able to attend the Party after booking a place, please notify us in writing as soon as possible, via email. If a colleague is able to attend in your place and you notify us in writing, we are pleased to accept the substitution at no extra charge subject to such colleague submitting a new booking request for the Party including accepting these Terms. Substitution is permitted if notified in writing up to five (5) hours prior to the Party.
  3. Cancellation of NYT EAGLE Party’s.If you find you are not able to attend the Party after booking a place, please notify us in writing as soon as possible, via email. We are not able to accept substitutions for NYT EAGLE Party’s.
  4. If you have paid an Party fee
  • If we receive your written notification of cancellation up to five (5) hours before the Party, we will refund the fee, less the non-attendance fee to cover our administration costs.
  • If we receive your written notification of cancellation less than five (5) hours but up to Two (2) hours before the Party, we will refund 50% of the fee, inclusive of any non-attendance fee.
  • No refund will be available if we receive your written notification of cancellation less than Two (2) hours prior to the Party or if you do not notify us of cancellation but fail to attend the Party.

 

If you have not paid an Party Fee,

  • If we receive your written notification of cancellation less than fourteen (14) days prior to the Party or If you do not notify us of cancellation but fail to attend the Party, NYT EAGLE may charge you a Non-Attendance Fee to reflect our wasted costs associated with your booking and the fact we may not be able to allocate your space to another attendee.

COVID-19 related cancellation less than 14 days before the Party.

If you cancel a booking because you have tested positive for COVID-19, NYT EAGLE will:

  • Offer to amend your booking to a similar virtual Party
  • Offer to rebook you on the next available in person Party
  • Accept a replacement for a NYT EAGLE Training Party or any NYT EAGLE conference if notified in writing at least five (5) days in advance.

Summary of Cancellation Policy for Refundable Partys

Notice of Cancellation

Refund of Fee

Refund of Deposit

Non-Attendance Fee applied

Over 50 days before party

Yes

Eligible

Yes

Between 14 and 50 days before party

50% of total fee

Included in 50% total

Yes, if no Party fee paid

Less than 14 days before party

No refund available

Not eligible

Yes if no Party Fee paid

None given – no show

No refund available

Not eligible

Yes if no Party Fee paid
  1. No refund will be made if we do not receive and acknowledge your written notification of cancellation. Under no circumstances will we reimburse you for any expenses incurred in making arrangements to attend the Party.

Cancellation by Us

  1. We shall use all reasonable endeavours to provide the partys described on our website, but we reserve the right to cancel or change the Party for any reason including but not limited to situations where the Party is under-subscribed, it becomes difficult for us to deliver the intended content, or for other reasons resulting from partys, circumstances or causes beyond our reasonable control.
  2. If the Party is cancelled for reasons outside our reasonable control no refund of the Party fee will be given. To the extent that NYT EAGLE has not incurred any costs of its own in connection with the Party, it may be possible to transfer the fee as a credit against a future Party. If the Party is cancelled for reasons within our control, such as the Party being under-subscribed, we will look to offer a credit against a future Party or, if that is not acceptable to you, will refund the Party fee. In either circumstance, NYT EAGLE will not be liable for any expenses incurred by you in making arrangements to attend the Party.

Limitation of Liability

  1. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the description of the Party, or party bookings generally, whether express or implied.
  2. We will not be liable to you, or any other person making a booking or attending an Party in your place, for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
  • Cancellation, including any expenses incurred by you in arranging attendance at an Party
  • Change
  • Loss of profits, sales, business or revenue
  • Loss of anticipated savings
  • Loss of use or corruption of software, data or information
  • Business interruption
  • Loss of business opportunity, goodwill or reputation
  • Any indirect or consequential loss or damage or
  • Loss resulting from reliance or action or failure to act based on material delivered at the Party.
  • Any injuries, damage, loss or costs incurred in activities undertaken at an Party
  1. Nothing in these Terms shall limit or exclude our liability for:
  • Death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable)
  • Fraud or fraudulent misrepresentation
  • Any matter for which it would be unlawful to exclude or restrict liability
  1. Subject to the other provisions in this clause, our total liability to you, whether in contract, tort (including negligence), breach of statutory duty or otherwise, arising under or in connection with these Terms shall be limited to the total fee paid by you to book the Party.

Miscellaneous

  1. We may transfer our rights and obligations under these Terms to another organisation.
  2. You need our consent to transfer your rights under these Terms to someone else.
  3. Unless it expressly states otherwise, these Terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms.
  4. Any written communication to us required under these Terms should be addressed to email address in the first instance. You can also contact our Party Team using the following details party@nyteagle.com
  5. These Terms constitutes the entire agreement between you and us and supersedes and extinguishes all previous agreement, promises, assurances, warranties, representations and understandings between you and us, whether written or oral, relating to its subject matter.
  6. Except as set out in these Terms, no variation of the Terms shall be effective unless it is in writing and signed by the parties.
  7. A waiver of any right or remedy under these Terms or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. A failure or delay by a party to exercise any right or remedy provided under these Terms of by law shall not constitute a waiver of that or any other right or remedy, nor shall it property or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under these Terms or by law shall property or restrict the further exercise of that or any other right or remedy. If any provision or part-provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Terms.

Governing Law

  1. These Terms are governed by and construed in accordance with the laws of India and you agree to accept the exclusive jurisdiction of the Indian courts in relation to any dispute that may arise in connection with these Terms.

 

Vendor’s Terms and Conditions

These terms and conditions apply to the use of this website and the NytEagle, Inc. ticketing and registration (NytEagle). By creating an account and an event on the NytEagle platform, you accept these terms and conditions and you agree to be bound by these terms and conditions and NytEagle’ Privacy Policy.  If you do not accept these terms and conditions and NytEagle’ Privacy Policy, do not continue to use the NytEagle ticketing and registration platform.

 

  1. TERMINOLOGY

In these terms and conditions:

  • The expressions we, us, our, and NytEagle refer to Maa IT Solutions and Services, Incorporated with registered offices in Uttar Pradesh, India, Gst: 09ATPPC3371G1ZL.
  • NytEagle’ Website is nyteagle.comand any other website notified to you by NytEagle that replaces or is additional to the website.
  • NytEagle Platform means the web based software platform together with associated plugins, application program interfaces (API’s), sub-modules, services and support infrastructure created and operated by NytEagle that enables the creation of Event Listings, sale and distribution of tickets, acceptance of registrations, and collection, storage and access of data relating to events. The NytEagle Websites are part of the NytEagle Platform.
  • Event Organizer means a person, corporation or association that uses the NytEagle Platform to sell tickets and accept registrations for an event.
  • Event Listing means a mini website created by an Event Organizer using the NytEagle Platform which provides information about an event and collects and stores ticketing and registration information.
  • Listing Content means content an Event Organizer includes in an Event Listing.
  • Services means any services provided by NytEagle to you in relation to an event, including access to the NytEagle Platform, data capture, and the services as described in paragraph 3.
  • Sensitive information is data that must be protected from unauthorized access to safeguard the privacy or security of an individual or organization.
  • User means a person who registers for or acquires tickets for an event through the NytEagle Platform, or who provides data in response to a Vendor Data Capture Question.
  • Vendor, you and your refer to an exhibitor at, seller of products or services at, or sponsor of an event for which the NytEagle Platform has been used to sell tickets or register to attend.
  • Vendor Data Capture Question means a question asked of a person attending an event, using the NytEagle Platform, in order to obtain User data relevant to a Vendor.
  • Your Event means an event for which you are registered as a Vendor on the NytEagle Platform.
  • Your Event Organizer means an Event Organizer of one of Your Events.

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  1. AMENDMENTS TO TERMS AND CONDITIONS

We reserve the right to amend these terms and conditions from time to time by either posting the changes on the NytEagle Website (www.nyteagle.com) or by giving you notice in accordance with paragraph 20.  It is your responsibility to check this website for changes before using the NytEagle Platform in relation to a new event.  The amendments will not apply to an event if the Event Listing was created before notice of the amendment is given. Your use of the NytEagle Platform following notice will indicate that you agree to be bound by the terms and conditions as amended.

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  1. PROVISION OF SERVICES

NytEagle may agree to provide the following Services to Vendors:

  • the ability to use the NytEagle Platform at Your Events to ask Vendor Data Capture Questions and store the resulting data; and
  • leasing hardware such as iPads, scanners and other devices to facilitate access control and registration at events, and payment processing systems such as mobile point of sale technology.

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  1. FEES AND PAYMENTS

We charge fees for Services as set out in the Schedule of Fees attached to these Terms and Conditions or posted on the NytEagle Website.

Standard ticket fees vary between events and are subject to change.  These can be absorbed by the Organizer or passed on to the ticket purchaser at the Organizers discretion.

Taxation:

All applicable taxes are collected on all ticket fees and are remitted to Organizers.  It shall be your responsibility to remit all such collected taxes, including sales and Value Added taxes, to the applicable taxing entities and follow any and all reporting requirements imposed by such taxing entities.

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  1. REGISTRATION

To use the NytEagle Platform to obtain Services, you must register as a Vendor.  You must provide accurate complete and current information as required by NytEagle’ registration form (Registration Data) and update your Registration Data at all times.

If you are an individual, you must be at least eighteen years old to register as a Vendor.

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  1. ACCOUNT PASSWORD AND SECURITY

As part of the registration process, you will create a password and account. You must maintain the confidentiality of the password and security of the account and are fully responsible for all use made of your account unless you can establish to our reasonable satisfaction that the use was unauthorized and did not result from a breach of these Terms. You agree to:

  • immediately notify NytEagle of any unauthorized use of your password or account or any other breach of security; and
  • ensure that you exit from your account at the end of each session.

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  1. USE OF THE NytEagle PLATFORM

NytEagle grants you a non-exclusive, non-transferable right (without the right to sub-license) to access and use the NytEagle Platform solely for the purposes of collecting, storing and accessing data concerning visitors to Your Events.

You must not:

  • remove, alter or hide any of the content on the Event’s Website or NytEagle Website or any Listing Content;
  • attempt to hack, expose vulnerabilities or otherwise interfere with the operation of the NytEagle Platform or an Event Organizer website, or any data stored on it; or
  • attempt to monitor API calls, network traffic or other data being transmitted to and from the NytEagle Platform.

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  1. YOUR DATA

You consent to NytEagle retaining and using any data that you provide to NytEagle, or which is obtained by NytEagle in connection with Your Events from third parties, in accordance with NytEagle’ Privacy Policy. If there is no charge for ticketing at Your Event, the purposes for which that data may be retained and used by NytEagle or its related entities include marketing in accordance with NytEagle’ Privacy Policy, unless this is prohibited by applicable legislation.

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  1. CODE OF CONDUCT

You agree to adhere to the following code of conduct in relation to Your Events:

You must comply with all applicable legislation, including all applicable consumer protection laws in the venue state where your event is located.

You must not use the NytEagle Platform:

  • in a manner that is misleading or deceptive;
  • to infringe the intellectual property or other legal rights of any person or corporation;
  • To distribute or publish any material (including a Vendor Data Capture Question) which is obscene, defamatory, threatening or abusive, or to provide links to another website which contains such material;
  • for any purpose or activity, or in any manner which is unlawful, or to promote any such activity;
  • To access, store, distribute or use personal information in breach of any applicable legislation, NytEagle’ Privacy Policy, Your Event Organizer’s Privacy Policy or your Privacy Policy if you are required to have one by the privacy laws governing your particular industry or of the venue state in which your event is held;
  • Without NytEagle’ prior written agreement, to collect from Users any Sensitive Information.
  • to interfere with or disrupt NytEagle or its business, or those of users of the NytEagle Platform, or their computers, software or hardware, including by the propagation of computer worms and viruses; or
  • to access any computer or data without authorization.

NytEagle may remove Vendor Data Capture Questions and associated data that it considers do not comply with these Terms and Conditions without prior notice to you.

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  1. COPYRIGHT

Copyright in the NytEagle Platform (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by NytEagle.  Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1976 and similar legislation which applies in your location, and except as expressly authorized by these Terms and Conditions or by NytEagle in writing, you may not in any form or by any means:

  • adapt, reproduce, store, distribute, print, display, perform, publish or create new works from any part of the NytEagle Platform; or
  • reverse engineer, decompile, or otherwise try to access the source code, user flows or application architecture of the NytEagle Platform.

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  1. WARRANTIES AND LIMITATION OF LIABILITY

NytEagle does not give any express warranties in relation to the NytEagle Platform or the Services, including warranties that:

  • you, Event Organizers or Users will have continuous access to, or usage of the NytEagle Platform or the Services; or
  • data stored on NytEagle servers will not be lost or corrupted;
  • It will be possible to restore your data from NytEagle’ back up media; or
  • it will be able to prevent unauthorized persons obtaining access to the NytEagle Platform or your Vendor Data Capture Questions and associated data.

Any condition or warranty which would otherwise be implied into these Terms and Conditions is excluded, unless it would be unlawful to do so.

NytEagle’ liability to you in relation to the NytEagle Platform, the NytEagle Website, the Services or these terms and Conditions on any legal basis is limited, to the extent it is lawful to do so, to one or more of the following:

  • the supplying of the Services again; or
  • the payment of the costs of having the Services supplied again.

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  1. INDEMNITY

You agree to indemnify NytEagle from any claims, damages, costs, expenses and liabilities (including legal costs on an indemnity basis) arising out of or in connection with:

  • your breach of these Terms and Conditions;
  • any unauthorized disclosure or use of information obtained through use of the NytEagle Platform or an Event Listing by you, or by use of your account by any person; or
  • any contract between you and an Event Organizer or a User;

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  1. SUSPENSION OF SERVICES AND ACCESS

NytEagle may from time to time without prior notice to you suspend the Services, deny you access to the NytEagle Platform, or delete your Vendor Data Capture Questions and associated data if:

  • It is necessary to do so due to any technical failure of, or for the upgrading or preventative or remedial maintenance of NytEagle’ computer systems and software;
  • In NytEagle’ reasonable opinion, and in its sole discretion, your use of the NytEagle Platform or the Services, or one of your Vendor Data Capture Questions is unlawful;
  • Without NytEagle’ prior written consent you collect, or engage in conduct that is likely to result in the collection of Sensitive Information from Users;
  • In NytEagle’ reasonable opinion, and in its sole discretion, it is required by law to do so; or
  • In NytEagle’ reasonable opinion, and in its sole discretion, your use of the Services or the NytEagle Platform adversely affects other Vendors or Users, or the integrity of NytEagle’ computer network.

NytEagle may, on giving you two business days’ notice, suspend your right to use the NytEagle Platform and the Services to create new Event Listings if you breach these Terms and Conditions. Access will not be reinstated until the breach is remedied if capable of being remedied, and any loss, damage, costs and expenses incurred by NytEagle in relation to the breach are compensated in full.

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  1. TERMINATION

NytEagle, in its sole discretion, may terminate its agreement with you and your right to use the NytEagle Platform and the Services any time by giving you at least two weeks’ notice.  On termination or expiration of NytEagle’ agreement with you it may deactivate, delete or bar your access to your account. NytEagle may also delete all Vendor Data Capture Questions, associated data and files related to your account, unless you have an Event Listing for an event that has not yet taken place (Future Event Listing).  If you have any Future Event Listings, NytEagle will not delete them until seven business days after the event takes place, or until NytEagle is satisfied that the event will not take place on the date stated in the Event Listing on the day before notice is given.

Clauses 8, 10, 11 to 14 and 17 survive termination or expiration of your agreement with NytEagle.

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  1. SUB-CONTRACTS

NytEagle may sub-contract the performance of its obligations under these Terms and Conditions without obtaining your consent.

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  1. NOTICE

Any notice under these Terms and Condition shall be in writing.  We may deliver notices to you by receipted mail, or by email to your email address as provided by you to us from time to time. Notice will be treated as given:

  • in the case of postal delivery, on the date of delivery recorded by the postal authority;
  • in the case of email, on receipt by the sender of notification that the email has been received by the recipient’s email server,

But if the delivery or receipt is not on a business day or is after 5:00pm on a business day in the place where it is received, the notice shall be considered received at 9:00am on the next business day.

It is your responsibility to notify us of any changes to your contact details.

Any notice from you to us shall be sent in writing to our email address support@NytEagle.com, or another email address notified by us to you.

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  1. GOVERNING LAW

This Agreement (and the validity and enforceability of this Agreement) is governed by the law of the Uttar Pradesh State, without reference to conflicts of law.  You submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in the Uttar Pradesh State.

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Equipment Rental Terms and Conditions:

  1. DEFINITIONS

1.1 In these Terms and Conditions unless the context otherwise requires:

(a) Business Day is a normal working day excluding Saturdays, Sundays and State and Federal designated Holidays in the state in which the Equipment is delivered or collected from NytEagle.

(b) Clause means a clause of these Terms and Conditions.

(c) Equipment means the Equipment and any Software supplied to Customer by NytEagle from time to time.

(d) Service means any labor, such as but not limited to graphical design, SMS and email broadcasting, survey design, market research, data analysis, show briefing, and the delivery and pick up of Equipment, performed on behalf of the Customer.

(e) Force Majeure means an act, omission or circumstance over which NytEagle could not have reasonably exercised control.

(f) Sign-off sheet means the sheet containing the client’s approval of the equipment and services offered by NytEagle.

(g) Party means a Party to these Terms and Conditions and its successors, trustees and permitted assigns.

(h) Penalty Interest Rate means the highest interest rate allowable under Usury Laws of the State of Washington.

(i) Rental Period means the period commencing on the date of delivery of Equipment or Commencement Date, whichever is the later; and concluding on the later of:

(i) 5:00 pm on Conclusion Date; or

(ii) If Conclusion Date is not a Business Day, 3:00 pm of the next Business Day after the Conclusion Date; or

(iii) If Equipment is returned damaged, 3:00 pm on the date that Equipment is repaired by NytEagle or the replacement cost of Equipment is paid by Customer.

(j) Sub-clause means a Sub-clause of these Terms and Conditions.

(k) Terms and Conditions means these Terms and Conditions.

(l) NytEagle is defined as NytEagle, Inc. and its associated companies and subsidiaries.

(m) Insurance fee is a charge levied by NytEagle to reduce the level of liability the Customer bears for loss or damage

1.2 Items appearing in bold type in these Terms and Conditions shall be interpreted as defined terms.

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  1. INTERPRETATION

2.1 In the Interpretation of these Terms and Conditions unless the context otherwise requires:

(a) Words denoting a person shall include corporations, statutory corporations, partnerships, joint ventures, associations, boards, governments or semi-government agencies or authorities.

(b) Words denoting the singular number shall include the plural number and vice versa.

(c) Words denoting any gender shall include all other genders.

(d) A reference to a statute or a regulation also refers to any statute or regulation amending or consolidating or re-enacting same.

(e) Money references are references to United States Dollar currency.

(f) Headings used in this Terms and Conditions are for convenience and ease of reference only and are not part of these Terms and Conditions and shall not be relevant or affect the meaning or Interpretation of these Terms and Conditions.

(g) Every obligation, covenant, agreement, condition express or implied in these Terms and Conditions and entered into by more than one Party shall bind them jointly and each of them severally.

(h) If any provision or part provision of these Terms and Conditions is held invalid, unenforceable or illegal for any reason, these Terms and Conditions shall remain otherwise in full force apart from such provision or part provision, which shall be deemed deleted.

(i) These Terms and Conditions take precedence over any Sign-off sheet, quotation or any other agreement, verbal or written.

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  1. SCOPE

3.1 NytEagle shall provide Equipment and Software for duration of the Rental Period.

3.2 Provided that Customer has not breached any provision of these Terms and Conditions, Rental Period may be extended at the request of Customer at the sole discretion of NytEagle.

3.3 In the event that the Equipment is not returned by the expiration of the Rental Period then at the sole option of NytEagle a further fee shall become due and payable and such shall continue to accrue on the expiration of the renewed Rental Period until the Equipment is returned. In the event that Equipment is returned prior to the expiration of the Rental Period or any extended Rental Period then NytEagle may give a rebate on the Fees but is not obliged to do so. No claim shall be made or maintainable if NytEagle determines not to give a rebate. Nothing in this Sub-clause shall oblige NytEagle to so extend a Rental Period.

3.4 The Customer acknowledges that all delivery and collection times are approximate and late delivery or collection shall not entitle the Customer to terminate this agreement or claim any other form of release against NytEagle.

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  1. CUSTOMER’S OBLIGATIONS

4.1 Customer shall:

(a) Pay NytEagle all fees and charges payable including without limitation, Service Fees, Delivery Costs, Collection Costs and Consumables.

(b) Collect and return Equipment from and to the Delivery Address in a method approved by NytEagle.

(c) Make all appropriate enquiries about Equipment’s fitness for the purposes for which it is contracted or used by Customer and shall determine whether Equipment is fit for that purpose and is in a condition suitable for use.

(d) use Equipment only for the purpose for which it is manufactured or designed and in accordance with the manufacturer’s instructions.

(e) keep Equipment insured.

(f) be responsible for any loss or damage to the Equipment, either by fire, theft, vandalism, weather conditions, flood, water or any eventuality whatsoever and shall indemnify NytEagle and hold NytEagle harmless for any loss or damage in fact suffered other than through fair wear and tear in the normal course of use.

(g) clean the Equipment and return it to NytEagle in a clean condition, properly maintained in accordance with the manufacturer’s recommendations.

(h) not sell, charge, pledge or part with possession of Equipment;

(i) keep Equipment at the address specified unless written permission has been obtained from NytEagle to relocate Equipment elsewhere;

(j) keep Equipment in a careful and proper manner, including appropriately charged, and not interfere or tamper with or let anyone else do so;

(k) return Equipment in the same packaging as delivery was made in. NytEagle reserves the right to charge for packaging materials that are not returned.

(l) permit NytEagle its agents or servants to enter the premises where Equipment is located at all reasonable times in order to inspect Equipment or carry out repairs to Equipment. Where the premise is owned or managed by a third party, this may require NytEagle to have special access permissions, such as but not limited to exhibition passes, the supply of which is the responsibility of the Customer

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  1. RISK

5.1 Risk for the Equipment passes to the Customer when the Equipment leaves the Premises of NytEagle or, if NytEagle has agreed to deliver the Equipment to the Customer, when the Equipment is delivered to and accepted by the Customer at the Customer’s premises or the Event premises and ceases when the Equipment is delivered into the safe possession of NytEagle at the Premises or, if NytEagle has agreed to collect the Equipment from the Customer, when the Equipment is collected by NytEagle (or its employee or agent) from the Customer’s premises or the Event premises.

5.2 Customer is responsible for the safekeeping of the Equipment and shall bear the risk of any loss, theft, damage or destruction of Equipment.

5.3 In the event that the Equipment requires repair as a result of Customer’s negligence, misuse or abuse, Customer shall bear cost of any such repair including any freight charges.

5.4 Customer shall pay NytEagle the new replacement cost as assessed by NytEagle of the Equipment, which is lost, stolen, destroyed or damaged beyond repair.

5.5 Customer shall pay NytEagle a reasonable refurbishing fee if ownership labels, or other notices affixed to Equipment are removed or defaced.

5.6 Any item of non-expendable material not returned to NytEagle upon cessation of the Rental Period shall be charged to the account of the Customer at full replacement cost or Fifty Dollars ($50) which ever amount shall be the greater.

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  1. INSURANCE

6.1 Customer may elect to pay NytEagle an insurance fee, detailed on the Sign-off sheet or invoice.

6.2 Where Customer has paid the insurance fee prior to any loss, theft, damage or destruction of the Equipment, Customer may discharge its obligations as laid out in 5.3, 5.4 or 5.5 by paying the agreed deductible.

6.3 The agreed deductible is Two Hundred Dollars ($200)

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  1. MAINTENANCE

7.1 NytEagle shall at its expense provide routine maintenance and recalibration for Equipment and shall use its best efforts to expeditiously repair or replace Equipment that becomes defective during the Rental Period through no fault of the Customer.

7.2 In the event that the Equipment does not operate properly Customer shall immediately notify NytEagle and request instructions before taking remedial action.

7.3 NytEagle may at its option and for such length of time as it deems expedient replace Equipment with another of such type or model as shall for the time being be available and Equipment so substituted shall be subject to these Terms and Conditions. NytEagle shall not be liable if the defect is a result of:

(i) Improper use;

(ii) Operation of Equipment other than in accordance with the operating manual;

(iii) Modification of Equipment;

(iv) Use of Equipment in an environment other than that for which it was designed;

(v) Use of Equipment by a person other than Customer;

(vi) Customer’s failure to allow maintenance of Equipment;

(vii) The serial number or labels being removed or replaced.

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  1. LIMITED WARRANTY AND EXCLUSION OF LIABILITY

8.1 NytEagle warrants that each item of Equipment hired is of merchantable quality and reasonably fit for the purpose for which it was designed. All other warranties whether express, implied, statutory or otherwise, relating in any way to the subject matter of these Terms and Conditions are excluded.

8.2 Where legislation implies in these Terms and Conditions any condition or warranty and that legislation avoids or prohibits provisions in a contract excluding or modifying the application of or the exercise of or liability under such term, such term shall be deemed to be included in these Terms and Conditions. However, excluding claims in relation to personal injury and death the liability of NytEagle for any breach of such term shall be limited, at the option of NytEagle, to any one or more of the following:

(a) if the breach related to goods: the replacement of the goods or the supply of equivalent goods; the repair of such goods; the payment of the cost of replacing the goods or of acquiring equivalent goods; or the payment of the cost of having the goods repaired; and

(b) If the breach relates to services the supplying of the services again; or the payment of the cost of having the services supplied again.

8.3 Subject only to Clause 8.2, excluding claims in relation to personal injury and death NytEagle shall not be under any liability to Customer in respect of any loss or damage (including, without limitation, consequential loss or damage) however caused, which may be suffered or incurred or which may arise directly or indirectly in respect to the supply of goods or services pursuant to these Terms and Conditions or the failure or omission on the part of NytEagle to comply with its obligations under these Terms and Conditions including, without limitation, negligence.

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  1. TITLE

9.1 NytEagle retains all rights, including without limitation any intellectual property rights, and title in Equipment.

9.2 Customer acknowledges that its use of any Software accompanying the Equipment rented, such as but limited to Apple iOS, that is not involved in data capture, qualifying and tracking, is governed by its own License Agreement.

9.3 The use of any Software supplied by NytEagle is subject to the Terms and Conditions of the relevant End User License Agreement which is incorporated into these Terms and Conditions.

9.4. NytEagle makes no claim to the title of any data captured during Service or Hire. Any data so captured with be deleted upon return of Equipment and may not be recoverable.

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  1. PURCHASE OF EQUIPMENT

10.1 In the event that the Customer seeks to purchase the Equipment and NytEagle agrees to sell the Equipment the property therein shall not pass until and unless all Service Fees and the purchase price have been received by NytEagle and the payments shall be applied first in reduction of Service Fees and second on account of the purchase price. Fees shall continue to accrue until the full purchase price has been paid.

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  1. FORCE MAJEURE

11.1 NytEagle shall not be liable for any delay or failure to perform its obligations if such a failure or delay is due to Force Majeure.

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  1. WAIVER

12.1 No right of NytEagle shall be deemed to be waived except by notice in writing from NytEagle.

12.2 Any failure by NytEagle to enforce any clause of these Terms and Conditions, or any forbearance, delay or indulgence granted by a Party will not be construed as a waiver of NytEagle’ rights.

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  1. NOTICES

13.1 Notices under these Terms and Conditions may be delivered by hand, by mail, facsimile or e-mail to the address set out in the Sign-off sheet.

13.2 Notices shall be deemed given, in the case of:

(a) Hand delivery, upon written acknowledgment of receipt by an officer or other duly authorized employee, agent or representative of the receiving Party;

(b) Mailing, three days after being sent;

(c) Facsimile, upon completion of transmission; and

(d) E-mail, immediately after being sent.

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  1. FEES

14.1 Customer shall pay NytEagle the Service Fees on delivery, in advance or as per agreement noted on the formal quotation or seven (7) days from the date of invoice without withholding, deduction or offset of any amounts for any purpose.

14.2 If Customer elects to take insurance on equipment, Customer shall pay NytEagle the insurance fee on delivery, in advance or as per agreement noted on the formal quotation or seven (7) days from the date of invoice without withholding, deduction or offset of any amounts for any purpose.

14.3 NytEagle may increase its Service Fees at any time upon thirty (30) days notice to Customer.

14.4 Except to the extent stated to the contrary in a Sign-off sheet, Service Fees are exclusive of taxes, duties, fees or other government levies or charges that may be imposed on or in respect of the Equipment. Such taxes, duties, fees or other government charges shall to the extent permissible by law be paid by Customer to NytEagle.

14.5 Customer shall pay NytEagle interest at the Penalty Interest Rate on all overdue amounts from the due date until payment is made.

14.6 If any payment owing to NytEagle is not made within seven (7) days of the due date, or as per agreed period noted on formal quotations, NytEagle may, without further notice to Customer, suspend further services or its remaining obligations to Customer under these Terms and Conditions.

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  1. TERMINATION

15.1 Without limiting the generality of any other clause in these Terms and Conditions, NytEagle may terminate these Terms and Conditions or any Sign-off sheet immediately by notice in writing if:

(a) any payment due from Customer to NytEagle pursuant to these Terms and Conditions remains unpaid for a period of seven (7) days;

(b) Customer breaches any provision of these Terms and Conditions and such breach is not remedied within 14 days upon receipt of notice by NytEagle as defined by clause 12 herein;

(c) Customer is otherwise no longer capable of complying with its obligations under these Terms and Conditions; or

(d) Customer becomes, threatens or resolves to become or is in jeopardy of becoming subject to any form of insolvency administration; Customer, being a partnership, dissolves, threatens or resolves to dissolve or is in jeopardy of dissolving; Customer being a natural person, dies; or Customer ceases or threatens to cease conducting its business in the normal manner.

15.2 If these Terms and Conditions or any Sign-off sheet is terminated then NytEagle may in its sole discretion:

(a) Retain all moneys paid, which is agreed to be a genuine estimate of part of NytEagle’ loss and damage suffered;

(b) Charge a reasonable sum for Equipment supplied in respect of which no sum has been previously charged;

(c) Be regarded as discharged from any further obligations under these Terms and Conditions; and

(d) Enter upon the premises of Customer, the consent to which is hereby granted by Customer, and repossess the Equipment. All such reasonable costs of repossession are the responsibility of Customer and shall be added to Service Fees.

(e) Pursue any additional or alternative remedies provided by law.

15.3 The covenants, conditions and provisions of these Terms and Conditions that are capable of having effect after the expiration of these Terms and Conditions shall remain in full force and effect following the expiration of the Terms and Conditions.

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  1. ENTIRE AGREEMENT

16.1 These Terms and Conditions constitute the entire agreement between the parties for the subject matter referred to in these Terms and Conditions. Any prior arrangements, including without limitation, verbal arrangements, agreements, representations or undertakings are superseded.

16.2 No modification, variation or alteration of any provision of these Terms and Conditions shall be valid except in writing signed by each Party.

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  1. GOVERNING LAW

17.1 These Terms and Conditions will be governed by and construed according to the law of the Uttar Pradesh State, without references to conflicts of laws.

17.2 The parties irrevocably submit to the exclusive jurisdiction of the Courts of the Uttar Pradesh State.

NYT Eagle is a dedicated club booking Platform giving ease to nightlife lover’s.

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