Terms

TERMS AND CONDITIONS

GENERAL/INTRODUCTION

https://divapageants.com/ is owned and controlled by the Diva Pageants (as defined hereunder) having office at A 001, Marvel Piazza, Viman Nagar, Pune- 411014. Diva Pageants is one of the most sought-after and glamorous beauty pageants in India specializing in the field of organizing beauty pageants, coaching/training/grooming contestants for photoshoots and pageants in India as well as for pageants internationally. These Website Terms (as defined hereunder) shall govern Your access/usage of the Website (as defined hereunder). These Website Terms together with Privacy Policy constitute a legally binding agreement between You and Diva Pageants.
By accessing/using/viewing Diva Pageants Website You agree to be bound by these Website Terms. We may, modify /alter/update these Website Terms. Please make sure to periodically check and keep checking this page for updates, as it shall be Your responsibility to stay updated and not Ours to specifically inform You about updates/changes/modifications.
If You do not agree to be bound by these Website Terms and/or Privacy Policy (as defined hereunder) or any other modified/updated version of these Website Terms and/or Privacy Policy in future, We urge You to stop accessing/viewing/using the Website with immediate effect and in such a case for any access/viewing/usage by You until such cession, the Website Terms and/or Privacy Policy shall ipso facto be applicable. If You continue to access/view/use the Website despite the objection as aforesaid, please take notice that You shall be doing so with the deemed understanding and agreement by You, with this Website terms and conditions and/or the Privacy Policy or any modified version of it and the same shall therefore be ipso facto applicable.

DEFINED TERMS

“We”, “Our(s)”, “Us” will refer to Diva Pageants (as defined herein).
“User(s), You, Your(s)”refers to any Person who uses/views/accesses the Website and to whom Website Terms, Privacy Policy shall be applicable and may include Customer and/or Participant as the case may be, provided further in case the Website is used /viewed/ accessed by a Minor or a person otherwise incapable of entering into a legal contract, the Website is presumed to be used/ viewed/ accessed or used/ viewed/ accessed by the legal guardian on behalf of such person and the term User(s), You, Your(s) shall be deemed to include such legal guardian in this aforementioned case who shall be bound by all the terms and conditions herein mentioned, further in case a robot uses/views/accesses the Website in future, the Website Terms, Privacy Policy will be applicable according to the laws relating to the robotics, enacted in future in India, shall also fall under the purview of “Applicable Law” and/or “Applicable Data Protection Law”.

“Customer(s)/Participant(s)” shall mean any Person using the Services (as defined herein) of Diva Pageants offered through the Website or otherwise.

“Minor” shall be a Person who is not of the age of majority as per the Applicable Law.

“Site/Website” here refers to the website/online platform of the Diva Pageants: https://divapageants.com/ and shall include any of its websites and/or mobile/software applications/online platforms present or made in future.

“Website Terms” shall mean and include these presents.
‘Third Party (ies)” refers to any individual or legal entity who is not a party to these Website Terms and Privacy Policy.

“Third Party website” refers to any Third-Party link/image/software/content/portal that appears on Our Online Portal/s.
“Service(s)” shall mean a variety of service offerings displayed on the Website made available by Diva Pageants, for its Customers/ Users/prospective Customers/Participants. These service offerings shall include without limitation organizing beauty pageants, training for pageants, photoshoots, personality development, image building and any other Services that We provide, to the Customer/Participants/Contestants through the Website.
“Parties” Diva Pageants and the User(s) will be together known as “Parties”.

“Person(s)” means and includes any natural or legal person including without limitation to Company, Limited Liability Partnership, partnership firm, Trust, sole proprietorship, Association of Persons etc.
“Privacy Policy” shall mean and include the privacy policy of Diva Pageants available at: https://divapageants.com/privacy-policy/ through which We collect/ disclose the User’s information.
“Force Majeure” means and includes any Vis Major and also any circumstance beyond the reasonable control of the party hereto, including without limitation, the following: any act of nature or the public enemy, accident, explosion, fire, storm, earthquake, flood, drought, perils of the sea, the elements, insect/snake bite, casualty, strikes, lock-outs, labour troubles, riots, sabotage, embargo, war (whether or not declared), governmental laws, ransomware attacks, regulations, orders, or decrees, pandemic, unavailability of raw material, or seizure.
‘Applicable Law’ means any mandatorily applicable and relevant INDIAN law, statute, rule, regulation, ordinances, treaty, judicial precedent, order, judgment, decree, injunction, permit or decision of the government of India as the case may be, court or other legislative body, having jurisdiction over or otherwise governing these presents, as may be in force from time to time, without regard to international or any other conflict of law principles.
‘Applicable Data Protection Law’ shall mean any mandatorily applicable and relevant law, statute, rule, regulation, ordinance, treaty, judicial precedent, order, decree, judgment, injunction, permit or decisions of the government, decisions of the court or equivalent fora having the effect of law in India, as the case may be, and applicable international law, as may be in force from time to time.

1. USER REPRESENTATION

By using Our Website, You represent and confirm that You are of age of majority under the Applicable Law or You are otherwise competent to enter into a legally binding agreement in the jurisdiction in which You are accessing Our Website as well as per the Applicable Law.

What if you are a Minor or a person who is incompetent to contract?
In case You are a Minor or a person who is otherwise incompetent to enter into an agreement under Applicable Law, it shall be presumed that You shall access the Website under the supervision of a legal guardian who is capable of understanding and agreeing to these Website Terms and who shall be liable in case of a violation/ non-observance by You of these Website Terms.

2. PROHIBITED USAGE

You shall use the Website only for lawful purposes and in accordance with these Website Terms.

• You accept and agree that You will not use the Website in any way that violates any Applicable Law including without limitation to central, state, local or international law or regulation.
• You understand and agree that You will not use the Website to engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by Us, may harm Diva Pageants or other Users of the Website or expose them to liability.
• You understand and agree that You will not use the Website for, knowingly or unknowingly, transmitting any data or sending/uploading any material or information that contains viruses, trojan horses, worms, time-bombs or any other harmful programs or computer codes that are designed to adversely affect the operation or any of Our computer software or hardware.
• You accept and agree that You will not modify, move or remove any content that is available on Our Website except when permitted by Us through written means.
• You accept and agree that You will not use any device, software or routine that interferes with the functioning of the Website.
• You accept and agree that You will not use any robot, spider or other automatic device, process or means to access the Website for monitoring or copying any of the material on the Website.
• You agree that You will not use Our Website for any terrorist related activities.
• You accept and agree that You will not attempt to gain unauthorised access to the Our Website through hacking and/or any other means.
• You agree to act in strict consonance with these Website Terms , Our Privacy Policy and other agreements that You have/ may have with us.

3. ACCESS AND USE OF SERVICE

Users registering for the Services and uploading content must be at least eighteen (18) years of age. The Company makes no claims that the Services may be lawfully accessed in any specific location. Access to the Services may not be legal by certain persons or in certain states or certain countries or may require government authorization or registration. When you access the Services you are solely responsible for compliance with the laws and regulations of your jurisdiction.

4. CUSTOMER INFORMATION

You are solely responsible for the information You input or upload to the Services, and warrant and represent. You have the right and authorization to register for the Services and post Content. We reserve the right in its sole discretion to decide whether the information You input, or upload is appropriate and complies with the terms of Service, other policies, and applicable laws and regulations.
If you register for the Services, you will be asked to provide certain information including a valid email address. You warrant and represent that all such information is current and accurate and will be kept up to date.
Your privacy rights are set forth in our Privacy Policy located at https://divapageants.com/privacy-policy . Diva Pageants reserves the right to offer Diva Pageants or Third-Party services to You based on the preferences that you identify in Your registration (if any available) and at any time thereafter unless you opt-out expressly.

5. USER COMMENTS /SUGGESTIONS/ CONTENT

Diva Pageants values User feedback and suggestions.
Users can upload content for example texts, images, etc, considered lawful by the law of the land and provided that the said facility is made available by Us on our platform.
Any such Users uploaded legal creative ideas, inventions, suggestions, creative content all such submission shall be the property of Diva Pageants in whole or in part. Diva Pageants shall own exclusively all now known or later discovered rights to the submissions and shall be entitled to unrestricted use of the submissions for any purpose whatsoever, commercial or otherwise, without compensation to Users or any other Third Party.
No part of the submissions/uploads by User(s) shall be subject to any obligation of confidence, privacy and the Diva Pageants shall not be liable for any use or disclosure.

6. THIRD PARTY CONTENT/LINKS/SOFTWARE

Our Website may contain links to other internet sites owned and operated by Third Party(ies). Your use of each of those sites is subject to the conditions, if any, posted on those sites. Diva Pageants does not exercise control over any internet sites apart from this Website and cannot be held responsible for any content residing in any Third-Party internet site or consequences of violation or otherwise of the terms/conditions/Privacy Policy on these sites. Diva Pageants inclusion of Third-Party content or links to Third Party internet sites is not an endorsement by Us of such Third-Party internet site nor any declaration express or implied on behalf of Diva Pageants that they are in any way connected to these sites or are responsible for it and We hereby disclaim all and any liability and/or User dissatisfaction arising out of it.
User’s correspondence, transactions/offers or related activities with Third Party (ies), including payment providers and verification service providers, are solely between the User and that Third Party. User’s correspondence, transactions and usage of the services/offers of such Third Party shall be subject to the terms and conditions, policies and other service terms adopted/implemented by such Third Party, and the User shall be solely responsible for reviewing the same prior to transacting or availing of the services/offers of such Third Party. User agrees that Diva Pageants will not be responsible or liable for any loss or damage of any sort incurred as a result of any such transactions/offers with Third Party (ies). Any questions, complaints, or claims related to any Third-Party product or service should be directed to the appropriate vendor/Third Party. Our Website contains content that is created by Diva Pageants as well as content provided by Third Party (ies). We do not guarantee the accuracy, integrity, quality of the content provided by Third Party (ies) and, such content may not be relied upon by the Users in utilizing Our Services provided on this Website or otherwise.

7. SOCIAL PLATFORMS

Social networking platforms such as Twitter, Facebook, Instagram or other social media can be used by Users through the Services to share links and content for social media promotions. Users undertake this option as their sole responsibility, including but not limited to complying with all of the terms and conditions of the social networking services.

8. PAGEANT COACHING/TRAINING

Pageant coaching/training as part of Our Service is an in person Service of Diva Pageants, not per say online Service, only in exceptional cases a User can request for online coaching, the request for such online Service shall solely be approved or disapproved on discretion by Us, the same cannot be claimed as right by the User/Customer.

9. USER ACKNOWLEGEMENT

Nothing in this Website terms shall intend to create or construed to create any employer/employee and/or principal/ agent relationship, partnership, joint enterprise or venture between the Parties. Users acknowledge that they are acting as independent User of Our Services in completing the provisions of this Agreement.

10. SUSPENSION OF ACCESS

If at any point of time Your conduct with respect to use of Our Services is not in compliance with Our rules/policies/guidelines OR You commit any breach/violation of any terms contained herein/in Our Privacy Policy, Diva Pageants has undisputed right at sole discretion to suspend Your access to view/use and/ or navigate Our Website without giving You any prior notice or reason.

11. INTELLECTUAL PROPERTY

You agree and acknowledge that Diva Pageants owns all the rights, title and interest in and to Website. The intellectual property rights (“Intellectual Property Rights”) and materials published on this Website including (but not limited to) software, advertisements, written content, photographs, graphics, images, illustrations, marks, logos, audio or video clippings and flash animation, are owned by Diva Pageants, any other material which is published on the Website by any of the partners, associates and sponsors of Diva Pageants is owned by the respective partners, associates and sponsors or by Diva Pageants by a written agreement. Users shall not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or content on the Website either in whole or in part without express prior written consent and license from Diva Pageants. Users may request permission to use any content on Our Website by contacting Us in writing (as detailed in the Contact Us). Users confirm and undertake to not display or use the names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights of any Third Party on Diva Pageants Website. Users agree to indemnify and hold harmless Diva Pageants, its directors, employees, affiliates and assigns against all costs, damages, loss and harm including without limitation, towards litigation costs and counsel fees, in respect of any Third Party claims that may be initiated including without limitation for infringement of Intellectual Property Rights arising out of such display or use of the names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on Diva Pageants Website by such User(s) or through the User’s commissions or omissions or by anyone acting through/for/on behalf of Users.

12. LIMITATION OF LIABILITY

In no event shall Diva Pageants, its respective officers, partners, directors, employees, members or representatives (and all successors and assigns of any of the foregoing) be held responsible and liable on account of any loss or damage sustained/suffered/caused by You, including but not limited to:
(1) errors, mistakes, or inaccuracies in any content/ information on the Website.
(2) any personal injury or property damage related to Your use of the Diva Pageants Services/Website;
(3) Diva Pageants shall not be liable to the other Party/User/Third Party including without limitation to User(s) for exemplary, punitive, special, incidental, indirect or consequential damages including without limitation, interruption of business, lost profits, lost or corrupted data or content, lost revenue arising out of this agreement (including without limitation the software application license/Website/Service, the use of the software application license/Website/Service or the inability to use software application/Website/Service), even if the Party has been advised of the possibility of such damages. In no event, if at all, shall the aggregate liability of Diva Pageants or any Third Party (engaged by Diva Pageants) arising out of or in connection with this agreement, the Privacy Policy, the Services provided, including any license, use, or other employment of the Service, whether such liability arises from any claim based on breach or repudiation of contract, breach of warranty, tort, or otherwise, exceed 25% of the total amount actually paid by client, if any, in a 3 month period immediately preceding the event giving rise to such claim.
(4) events beyond the reasonable control of Diva Pageants, including any internet failures, equipment failures, electrical power failures, internet downtime, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, earthquakes, explosions, acts of god, epidemic, pandemic war, terrorism, intergalactic struggles, ransomware attacks, governmental actions, changes in Applicable Law orders of courts, agencies or tribunals and other causes/events of Force Majeure and/or non-performance/delayed/only partial/sub-standard performance of/by Third Parties, by Users or any Third Party or entity during the course of access/usage of the Diva Pageants Services by User or anyone acting through User or for User.

13. DISCLAIMER

THE SERVICES ARE PROVIDED ON “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND DIVA PAGEANT HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES, EITHER EXPRESS, IMPLIED, DIVA PAGEANTS DOES NOT WARRANT THAT THE SERVICES WILL MEET USER REQUIREMENTS OR BE OF BENEFIT, THAT THE OPERATION OF SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SERVICES ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, DIVA PAGEANT IS NOT RESPONSIBLE FOR THOSE COSTS ASSOCIATED WITH THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA.
THE DIVA PAGEANT MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE SERVICES OR USER GENERATED CONTENT OFFERED OR ANY OTHER CONTENT ACCESSED THROUGH THE SERVICES.
DIVA PAGEANT TAKES NO RESPONSIBILITY WHATSOEVER FOR THE INFORMATION YOU HAVE UPLOADED TO THE WEBSITE AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE DELETION, CORRECTION, DESTRUCTION, DAMAGE, OR LOSS OF SUCH INFORMATION, OR FAILURE TO STORE ANY OF SUCH INFORMATION, NOR IS DIVA PAGEANT RESPONSIBLE FOR LOSS OF INFORMATION THROUGH THE ACTION OF ANY THIRD PARTY OR BECAUSE OF CIRCUMSTANCES BEYOND THE OUR CONTROL. ALL USERS ARE EXPECTED TO HAVE THEIR OWN BACKUP OF ALL OF THEIR INFORMATION.

14. INDEMNIFICATION

The User agrees to indemnify, defend and hold harmless Diva Pageant, its affiliates and their respective officers, directors, lawful successors and assigns from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) arising out of OR in any way related to Your breach of any of the provisions of these Website Terms.

15. PRIVACY POLICY

By accessing this Website, You undertake that You have read, understood and agree to abide by the terms of Our Privacy Policy available at: https://divapageants.com/privacy-policy/ which governs the security and privacy of Personal Information You provide to Us.

16. FORCE MAJEURE

We shall have no liability whatsoever for delays or failures in the delivery of performance(s) of Our obligations to You resulting from any Force Majeure event.
Our performance will be deemed to be suspended for the period that the event of the Force Majeure continues, and We will have an extension of time for performance for the duration of that period. We shall at Our own discretion use Our reasonable endeavours to minimize any delay caused by Force Majeure.

17. DISPUTE RESOLUTION

In the event of any dispute/ difference of opinion over these Website Terms, the disputing Party shall provide a written notice to the other party. On receipt of such notice, the Parties shall first amicably resolve the dispute through mutual settlement and negotiation by way of reference of the dispute to the senior representatives of both the Parties. Such dispute, which, if not resolved by way of mutual settlement and negotiation shall be referred to and finally settled by the arbitration law in India. All disputes arising out of or in relation to this Website Terms or any part thereof shall be referred to a sole arbitrator to be appointed by the parties with mutual consent. If there is a difference and lack of consensus on the nomination of a sole arbitrator, then each Party would nominate their respective arbitrators, and such nominated arbitrators shall nominate a third arbitrator by mutual consent to form a three-member arbitral tribunal.
The arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996 and rules. The venue of such arbitration will be Pune, Maharashtra India and the language of the arbitration shall be English. The award of arbitrator shall be binding upon both Parties. The cost of the arbitration will be borne by both the Parties equally.

18. MISCELLANEOUS

Severability
If any provision(s)/part thereof of these Website Terms is found to be unenforceable or invalid under any Applicable law, such provision(s)/part thereof shall be deleted without affecting the remaining provisions contained herein.
Change of Terms
Diva Pageant has all the rights to revise/amend these Website Terms at any time as it deems fit. You are advised to visit and keep visiting the Website frequently so as to be aware of the changes carried out by Us.
Entire Agreement
These Website Terms and Privacy Policy constitute the entire agreement between Diva Pageants and You in relation to Your use of this Website https://divapageants.com/ and supersede all prior agreements and understandings with respect to the same.
Governing Law
These Website Terms shall be governed by and construed in accordance with the Applicable Law of India.

19. NOTICES/COMMUNICATIONS

Any notice or other communication to either Party hereto under this Website Terms shall be in writing as per the details mentioned herein.

DIVA PAGEANTS:

Address: A 001, Marvel Piazza, Viman Nagar, Pune- 411014
Email: anjana@divapageants.com
Contact number: 9822110330