Last Updated: 01-09-2024

Welcome to the Gully Fest website (the “Website”), which is provided by Gully Gang Entertainment or one of its affiliates (“GGE”, “we” or “us”).
GGE is engaged in the business of music production, creation of content, and talent management. GGE is organizing a live music festival in Mumbai tentatively titled “Gully Fest 2024” (“Event”) to be held at NESCO, Mumbai (“Event Venue”) on the 26th and 27th October, 2024 (“Event Dates”).
These Terms of Use (the “Terms”), govern the relationship and serve as an agreement between you and us, and set forth the terms and conditions by which you may access and use the Website and any related services including (but not limited to) sale of tickets for the Event (“Tickets”) and sale of merchandise (“Merchandise”) and/or content (collectively, the “Services”). For purposes of these Terms, “you” and “your” means the user of the Services.
The Terms form a legally binding agreement (the “Agreement”) between you and GGE, in relation to your use of the Website.

1. ACCEPTING THE TERMS

1.1. Please read these terms and conditions carefully. By accessing the Website you confirm that you can form a binding contract with GGE, that you accept these Terms and that you agree to comply with them. If you do not agree with all of the use requirements and restrictions described herein, do not use and/or access the Website or our Services.
1.2. The Website and/or Services may only be accessed by persons aged fifteen years and above. If you are aged below fifteen, you should review these Terms with your parent or guardian to make sure that they give you permission to use the Services. Parents and guardians who allow a child to access the Website agree to be bound by these Terms in relation to the child’s use of the Website and should supervise the child. By using the Website and/or Services, you confirm that you are over the relevant age specified herein.
1.3. If you are accessing or using the Services on behalf of a business or entity, then (a) “you” and “your” includes you and that business or entity, (b) you represent and warrant that you are an authorized representative of the business or entity with the authority to bind such business or entity to these Terms, and that you agree to these Terms on the entity’s behalf, and (c) your business or entity is legally and financially responsible for your access or use of the Website and/or Services.
1.4. You may need to share your personal information to use some of the Services. You must provide accurate and complete information. You acknowledge and agree that: (a) all information provided by you including your contact details, name and address, bank or credit card details are yours and authentic and there is no misrepresentation or fraudulent act from your end; (b) before placing an order for the Merchandise, you will check the product description carefully, and by placing an order for the Merchandise, you agree to be bound by the conditions of sale included in the item’s description. Any information shared by you, including your personal information, shall be used by us in the manner as stated in the Privacy Policy which can be accessed on www.gullyfest.com.

2. CHANGES TO THE TERMS

GGE reserves the right to change or modify any of the terms and conditions contained in this Agreement including any other policy incorporated herein by reference, at any time and in its sole discretion. Any new features or tools which are added to the Website shall also be subject to the Terms. Any changes or modification will be effective immediately and you waive any right you may have to receive specific notice of such changes or modifications. You are free to decide whether or not to accept the changed/modified version of this Agreement, but accepting such a changed/modified Agreement is essential and required for you to continue using the Website. You may have to click “accept” or “agree” to show your acceptance of any changes/modifications made to this Agreement. In the event that you are not required to expressly click any such “accept” or “agree” option, your continued use of this Website and/or the Services following the posting of changes or modifications will confirm your acceptance of such changes or modifications. Therefore, you agree that you will periodically review this Agreement from time-to-time to understand the terms and conditions that apply to your access or use of the Website and/or Services. If you do not agree to the terms of this Agreement or to any changed/amended/modified version of this Agreement, your sole recourse is to terminate your use of the Website, in which case you will no longer have access to the Website. Except as otherwise expressly stated, any use of the Website and/or the Services, is subject to the version of this Agreement in effect at the time of use.

3. PROHIBITED ACTIVITIES

3.1. You cannot use the Website/Services for any fraudulent or unlawful purpose;
3.2. You cannot buy more than 10 (ten) Tickets in the same transaction and under the same details.
3.3. You cannot resell your Tickets, Merchandise and/or any item received via the Website.
3.4. You cannot purchase the Tickets if you are not above the age of Fourteen (14) years.
3.5. You cannot access, copy, modify, decompile, reverse engineer, download, distribute, transmit, broadcast, display, translate, rent, lease, loan, license, sell, or otherwise exploit or use any part of the Services except: (a) as specifically permitted by the Services; (b) with prior written permission from us and, if applicable, the respective rights holders; or (c) as permitted by applicable law. This includes not removing any copyright, trademark or other proprietary rights notice from the Services or materials within them;
3.6. You cannot attempt to gain unauthorised access to our Services or interfere with or disrupt the operation of the Services or networks used to make the Services available (including security-related features) or violate the policies of such networks;
3.7. You cannot restrict or inhibit any other person from using the Services (including by hacking or defacing any portion of the Services);
3.8. You cannot knowingly introduce any viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful;
3.9. You cannot use any robots, botnets, scrapers or spiders, site search/retrieval application or other manual or automatic device, algorithm, code, process or methodology to retrieve, index, scrape, data mine or in any way reproduce/republish, obtain a copy of, monitor or circumvent the Services, without our express prior written consent;
3.10. You cannot use any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.
3.11. You cannot use any part of the Services for commercial purposes without our written consent. This means you should only access and use the Services for personal use, and you must not use the Services to: (a) advertise or offer to sell or buy any goods or services without our express prior written consent; or (b) use the Service to distribute unsolicited promotional or commercial content or other unwanted or mass solicitations (spam);
3.12. You cannot run contests through the Services;
3.13. You cannot misuse any reporting, flagging, complaint, dispute, or appeals process, including by making groundless, vexatious, or frivolous submissions.

4. DISCLAIMER

We will provide the information and services on the Website with reasonable care and skill. However, the Website/Services are provided “as is’ and you access them at your own risk. This means that, other than as expressly stated in these Terms or as required by law, we do not make any specific promises about the Services. We do not promise and cannot guarantee that (a) the Services will be appropriate or available for everyone, or in all locations, and we are free to decide this; (b) the Services or the materials and information provided through them are accurate, complete, uninterrupted, secure, error-free, up to date or able to meet everyone’s needs; (c) any content you post or otherwise submit will be accessible or stored on the Services.

5. LIMITATION OF LIABILITY

5.1. Neither we nor our related parties are liable to you or any third party for any loss of profits, loss of use, loss of revenue, loss of goodwill, any interruption of business, loss of or damage to business or reputation, loss of opportunity, loss of advantage, loss of use of any software or data, loss of use of any mobile phone or other equipment, loss of use of the system on which the Website is used, or for any indirect, special, incidental, exemplary, punitive or consequential damages of any kind arising out of or in connection with this Agreement and/or the Website, regardless of the form of action, whether in contract, tort, strict liability or otherwise, even if we have been advised or are otherwise aware of the possibility of such damages.

5.2. We and our related parties are not liable for any delay or default in performance under this Agreement caused by an event beyond our reasonable control, including but not limited to, war, accident, act of god, industrial action, embargo or a delay, failure or default by you, your wireless carrier, or any other supplier of goods or services to us or to you.

6. THIRD-PARTY LINKS & APPS

Without limiting the generality of the foregoing, we may provide third party content on the Website and may provide links to web pages and content of third parties (collectively, “Third Party Content”) for various purposes including purchase of Tickets and/or Merchandise. We do not monitor or have any control over any Third Party Content or third party websites. We do not endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. We do not represent or warrant the accuracy of any information contained therein, and we undertake no responsibility to update or review any Third Party Content. Your use such Third Party Content contained therein at your own risk. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

7. REPRESENTATION AND WARRANTY; INDEMNITY

7.1. You represent and warrant that you will: (a) comply with all of your wireless carrier’s terms and conditions; and (b) not breach any of the terms set forth in this Agreement (c) the accuracy and truthfulness of all information you provide to the Website, and (2) no information you provide to the Website shall infringe any third-party rights (including, without limitation, intellectual property rights and rights of privacy or publicity).

7.2. GGE expressly disclaims all representations, warranties, conditions, or indemnities, express or implied in respect of the Website.

7.3. You agree to indemnify and hold us and our related parties harmless from and against any and all actual or threatened suits, actions, proceedings (at law or in equity), claims (groundless or otherwise), damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorneys’ fees, costs, penalties, interest and disbursements) resulting from any claim (including third party claims), suit, action or proceeding against us or our related parties, whether successful or not, resulting from, arising in connection with or relating to: (a) your breach of any term of this Agreement or any policy or guidelines referred to in it; (b) your use or misuse of the Website/Services; (c) the exploitation of your content on the Website, or (d) any breach of any of your representations and warranties. We hold no responsibility whatsoever for the information and/or content shared by the you on the Website.

7. INTELLECTUAL PROPERTY RIGHTS

GGE, its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, images, content and other materials which appear on the Website. Access to or use of the Website does not confer and should not be considered as conferring upon anyone any license, sub-license to the GGE’s intellectual property rights. All rights, including copyright, in and to the Website are owned by or licensed to GGE. Any use of the Website or its contents, including copying or storing it or them in whole or part is prohibited without the express prior written consent of GGE.

8. TERMINATION

This Agreement to be applicable and shall be binding on the parties, i.e., you and the Website, unless terminated as specified below:
8.1. GGE may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Website/Services. Such termination will be without any liability to GGE.
8.2. we determine (acting reasonably) that you materially or repeatedly breach or have breached these Terms;
8.3. we are required to do so to comply with a legal requirement or court order;
8.4. we reasonably believe that your conduct creates liability or harm to any user, other third party, us, our affiliates or artists.

9. MISCELLANEOUS

9.1. Relationship of the Parties: You acknowledge and agree that nothing in this Agreement, including, but not limited to, registration with our Website, constitutes an employment agreement or creates or acknowledges an employment relationship between you and us or makes us partners, joint venturers or otherwise participants in a joint undertaking. Our relationship shall at all times be one of independent contractors.
9.2. Amendments: We reserve the right to change or amend the terms of this Agreement at any time. It is your responsibility to check this Agreement on a regular basis, including, without limitation, prior to using the Website. Your continued use of the Website constitutes your acceptance of the revised terms.
9.3. Notices: Notices by you to us hereunder shall be invalid unless made in writing to the following mailing address [email protected]. Notices by us to you may be made in any manner we deem appropriate in our sole discretion.
9.4. Severability: Should one or more provisions of these Terms of Use be found to be unlawful, void or unenforceable, such provision(s) shall be deemed severable and will not affect the validity and/or enforceability of the remaining provisions of the Terms of Use, which will remain in full force and effect.
9.5. Privacy: Website’s Privacy Policy is available on www.gullyfest.com , which is hereby incorporated into this Agreement, explains how we will handle your personal information.
9.6. Confidentiality: You must keep any information you obtain relating to our software confidential and will not use such information for any purpose that is not specifically provided for in this Agreement or authorized by us in writing.
9.7. No Waiver: Our failure or delay to exercise or enforce any right or claim does not constitute a waiver of such right or claim and shall in no way affect our right to later enforce or exercise it.
9.8. Headings: The headings used in this Agreement are intended for convenience of reference only and in no way define, limit or describe the scope or substance of any of its provisions.
9.9. Governing Law and Jurisdiction: This Agreement shall be governed by and construed in accordance with the laws of India. You consent to the jurisdiction of the courts of Mumbai, India for any and all disputes arising under or in connection with this Agreement.
9.10. Prevailing Language: The English language version of this Agreement shall be controlling in all respects and shall prevail in case of any inconsistencies with translated versions, if any.

Last updated: 01-09-2024

Welcome to the Gully Fest website (the “Website”), which is provided by Gully Gang Entertainment or one of its affiliates (“GGE”, “we” or “us”).
GGE is engaged in the business of music production, creation of content, and talent management. GGE is organizing a live music festival in Mumbai tentatively titled “Gully Fest” (“Event”) to be held at NESCO, Mumbai (“Event Venue”) on the Event Dates 26th and 27th October, 2024.
GGE is concerned about the privacy of its users (hereinafter referred to as “you” “your” or “yourself”) accessing its Website and has provided this Privacy Policy (“Policy”) to familiarise you with the manner in which GGE collects, uses and discloses your information collected through the Website.
The Policy is subject to change without intimation and you shall be required to review the same regularly. The protection and security of your personal information is one of GGE’s top priorities. This Policy discloses GGE’s practice with respect to the information collected from you on this Website.
This Policy is a part of and is to be read with the Terms of Use (“Terms”). By using this Website, you agree to the terms and conditions of this Policy. You also consent to our use and disclosure of your personal information in the manner described in this Policy. The capitalized words used in this Policy but not defined herein, shall have the meaning given to such words in the Terms. If you do not agree with the terms and conditions of this Policy, please do not use this Website.

1. WHAT KINDS OF INFORMATION DO WE COLLECT?

1.1. Your Personal Information: You may share information such as your name, date of birth, email address and/or telephone number, in order to attend the Event and any other events organised by GGE.

1.2. Purchase Information: GGE and Wasteland Entertainment Private Limited, the official ticketing partner for the Event, may collect certain information (including but not limited to personally identifiable information) from the Attendee(s) (as defined below) such as name, e-mail address or telephone number at the time of booking/registration/payment. By agreeing to these Terms, the Attendee(s) consent for Event Organiser and Service Provider to collect, receive, possess, store, deal and handle all information as provided herein for its own purposes in accordance with applicable laws.

1.3. Information in correspondence you send to us, including when you contact us for support or feedback.

1.4. Information through surveys, research, promotion, contests, marketing campaigns, challenges, competitions or events conducted or sponsored by us, in which you participate.

1.5. Videos and Photographs: The users/persons that attend the Event (“Attendee(s)”) may be videographed, filmed, photographed and/or sound recorded for broadcast, publication, advertisement, marketing or security purposes whilst at the Event by GGE and/or by GGE’s sponsors and partners. The Attendee(s) hereby grant to GGE the right to use in perpetuity, all or any part of the recording including but not limited to videos, films, photographs and/or sound recording of the Attendee(s) on any media channel including social media channels globally for broadcasting, advertising, marketing, publicity and promotion hereto.

2. AUTOMATICALLY COLLECTED INFORMATION

2.1. Location Information: We collect information about your approximate location, including location information based on your SIM card and/or IP address. With your permission, we may also collect precise location data (such as GPS).
2.2. Technical Information we collect about you: We collect certain information about the device you use to access the Website, such as your IP address, user agent, mobile carrier, time zone settings, identifiers for advertising purposes, model of your device, the device system, network type, device IDs, your screen resolution and operating system, app and file names and types, keystroke patterns or rhythms, battery state, audio settings and connected audio devices. Where you log-in from multiple devices, we will be able to use your profile information to identify your activity across devices.
2.3. Inferred Information: We also infer your attributes, including your interests, gender and age range for the purpose of personalising advertisements.

3. COOKIES

Our Website uses cookies to distinguish you from other users of the Website. This helps us to provide you with a good experience when you browse the Website and when you use our app and allows us to improve our site. Cookies are small pieces of text used to store information in web browsers (if you consent). Cookies contain information that is transferred to the hard drive of your device.

3.1. Advertising, Recommendations, Insights and Measurement
3.1.1. We use Cookies to help us show ads and to make recommendations for businesses and other organisations to people who may be interested in the products, services or causes they promote.
3.2.2. We also use Cookies to help measure the performance of ad campaigns for businesses that use the Website.
3.3.3. Cookies help us serve and measure ads across different browsers and devices used by the same person.
3.3.4. Cookies also allow us to provide insights about the people who use the Website, as well as the people who interact with the ads, websites and apps of our advertisers and the businesses that use the Website.

3.2. Performance
We use Cookies to provide you with the best experience possible.

3.3. Analytics and Research
We use Cookies to better understand how people use the Website so that we can improve them.

3.4. Third Party
Please note that when you access or use our services through third-party websites, we may share some information with them when you perform certain actions in the purchase flow. We will not use any Cookies or pixels for these purposes. We may not be able to erase your data in new sessions if there is no way for us to identify you. They serve the same purposes as Cookies set in the Website, which are to personalise content (including ads), measure ads, produce analytics and provide a safer experience, as set out in this Policy.

4. INFORMATION FROM OTHER SOURCES

4.1. We may receive the information described in this Policy from other sources, such as:

4.2. Advertisers, measurement and other partners share information with us about you and the actions you have taken outside of the Website, such as your activities on other websites and apps or in stores, including the products or services you purchased, online.

4.3. Purchase Data: You give your Personal Information when you place an order with any of our third-party vendors (for example, ticketing partner or merchandise purchase vendor). This is generally information including the contents of your shopping cart, your name, email address, telephone number, shipping address, delivery preferences and payment details (e.g. credit/debit card/PayPal)

5. HOW WE USE THE INFORMATION WE COLLECT?

We use the information we collect from and about you for a variety of purposes, including to:
5.1. Process and respond to your queries.
5.2. Send you general, marketing communications that you have requested or that may be of interest to you by way of emails, or courier, or registered post, or telephone calls, or any other mode of communication.
5.3. Enable us to show you ads that are relevant to you.
5.4. Generate and review reports and data about, and to conduct research on, our user base and Service usage patterns.
5.5. Provide you with customer support.
5.6. Provide you with rules, updates and notices about the Event.
5.7. Carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
5.8. Notify you about changes to our Services/Event.
5.9. In any other way we may describe when you provide the information.
5.10. For any other purpose with your consent.

6. HOW WE SHARE THIS INFORMATION

6.1. Advertisers, Advertising Networks and Measurement Partners
We share information with advertisers and third-party measurement companies to show how users of the Website have viewed or clicked on an advertisement.
6.2. Analytics Providers:
We use analytics providers to help us in the optimisation and improvement of the Website. Our third-party analytics providers also help us serve targeted advertisements.

6.3. Sponsors
We share your Personal Information, user activity, links you have interacted with and/or information of your purchase of Tickets and/or Merchandise with the sponsors and any other affiliates of the Event.

6.4. For Legal Reasons
We will share your information with law enforcement agencies, public authorities or other organisations if legally required to do so, or if such use is reasonably necessary to:
(i) comply with legal obligation, process or request;
(ii) enforce our Terms and other agreements, policies, and standards, including investigation of any potential violation thereof;
(iii) detect, prevent or otherwise address security, fraud or technical issues; or
(iv) protect the rights, property or safety of us, our users, a third party or the public as required or permitted by law (including exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction).

6.5. Third Parties
6.5.1. We may integrate with other third party products and services to enable certain features of the Website. We do not share your personal information with them except as is necessary in order to allow them to perform the features requiring their integration.
6.5.2. if we sell, buy, merge, are acquired by, or partner with other companies or businesses, or sell some or all of our assets. In such transactions, user information may be among the transferred assets.
6.5.3. When you make a purchase through our website, we share the information related to the transaction with the merchant, payment and transaction fulfilment providers, and other service providers.

7. YOUR RIGHTS AND CHOICES

7.1. You have rights and choices when it comes to your information. You can opt-out of receiving our communications at any time by selecting the unsubscribe link in any email we send, following the instructions in any SMS we send or by emailing us at [email protected]. .

7.2. You may be able to refuse or disable Cookies by adjusting your device browser settings. Because each browser is different, please consult the instructions provided by your browser. Please note that you may need to take additional steps to refuse or disable certain types of Cookies. For example, due to differences in how browsers and mobile apps function, you may need to take different steps to opt out of Cookies used for targeted advertising in a browser and to opt out of targeted advertising for a mobile application, which you may control through your device settings or mobile app permissions. In addition, your opt-out selection is specific to the particular browser or device that you are using when you opt out, so you may need to opt-out separately for each of the browser or device.

8. DATA RETENTION

8.1. We may hold on to your Personal Information for as long as we need to for the purposes for which it is processed or as is otherwise required by applicable law.
8.2. We calculate the appropriate retention period for your data by considering the nature and sensitivity of the data, the purposes for which we are processing the data, and any applicable statutory retention periods. Using these criteria, we regularly review the personal data which we hold and the purposes for which it is held and processed. Once processing has been completed, we may securely delete or anonymise your personal data.

9. LINKS FROM OUR WEBSITE

We may have pages containing external links. You are advised to verify the privacy practices of such externally linked websites. GGE is not responsible for the manner of use or misuse of information made available by you at such other websites. We encourage you not to provide personal information, without assuring yourselves of the privacy policy of external linked websites.

10. CONTACT AND COMPLAINTS

If you have any complaints about how we handle your personal information, please contact us at [email protected] . If we are unable to resolve your complaint and you wish to take your complaint further, you can do so by contacting the respective Grievance Officer.