These Terms of Service (the "Terms") are intended to make Club Owner (“You") aware of your legal rights and responsibilities with respect to your engagement with Amirag Hospitality Private Limited (the “Company”).

Please read these Terms carefully. When you agree to these Terms and Conditions it concludes a legally binding contract with the Company and/or its affiliates. You shall not collaborate with the Company as a Club Owner if you do not accept the Terms or are unable to be bound by the Terms. In order to engage with the Company, you must first agree to the Terms. You can accept the Terms by Clicking to accept or agree to the Terms.

DEFINITIONS

a. “Bill” means the invoice raised for the Bill Value on the Customer by You towards the sale of Goods at the Club.

b. “Bill Value” means the total amount in Indian Rupees set out in the Bill towards the Goods and services availed by the Customer at the Club and shall include applicable taxes, service charge and other charges as may be applicable.

c “Commencement Date means the date set out above or any other such date as agreed between the parties.

d. “Customer” means a user, who pays the Bill Value through the Agency’s app or website i.e. www.partywitty.com.

e. “Customer Data” means any and all identifiable information about Customer provided by the Customer via the Agency app /web , including, but not limited to, Customer’s name,  email addresses, phone numbers, and Customer preferences, to be governed by the privacy policy located at .

f. “Commission” means the amount payable by You to Agency, being a percentage (%) of (Specific in Annexure -A) plus Taxes on Gross amount excluding GST and amount payable by You to Agency on every successful Party Booked through the Agency App/Website.

g. “Electronic Payment Mechanism” means the online and mobile based payment mechanisms including third party payment gateways, credit card/debit card/net banking transfer and e-wallets that are available on the Agency’s App and website for the purposes of facilitating the payment payable by the Customer.

h. “Goods” means the food, drinks and beverages which are sold by You at the Club.

i. “Offer(s)” shall include, but not be restricted to (i) percentage of discount that You agrees to extend to the Customers, on the Bill Value for each Transaction; (ii) percentage of discount(s)/promotional offer(s) that You may extend to the Customers in partnership with banking institutions and/or third parties; or (iii) any other discount(s)/promotional offer(s) as may be agreed between the Parties from time to time.

SCOPE OF SERVICE

a. You will determine the Offer(s) via the Agency’s Website and App, which will be honoured by You through the Validity Period.

b. The Offer(s) once determined by You, shall be applicable for the minimum Validity Period, during which You will not be permitted to modify the Offer(s). Any modification to the Offer(s) can only be made by You after the expiry of the Validity Period.

c. You shall provide all Content with respect to the Club to be used for the purpose of promotions on the Agency’s app and website.

d. You acknowledges that Agency shall in no manner be liable for the Content displayed on the Agency’s Website and App, when such Content is provided by You. You hereby agree and acknowledges that Agency shall be authorised to use the logo and brand name of the Club or Your as the case may be for the purpose of advertisement of the Offer(s).

e. You hereby authorizes Agency to collect booking fee for the club (if any) from the Customer on behalf of You.

f. You hereby agrees that where it levies service charge at its Club, it shall apply the same uniformly to all the Customers availing services of the Club through Agency website and App.

g. You permits Agency to deduct the Commission from the booking fee and transfer such remaining amounts to You in accordance with the payment settlement process.

h. You will not charge any additional amount as booking charges, over and above the booking fee, from the Customer paying the charges via the Agency website and App.

i. You hereby permits Agency to contact You by phone, email, SMS, or other modes of communication, for the purpose of giving feedback or for the purpose of facilitation of any issue in connection of with these Terms.

j. You agrees that the Offer(s) cannot be combined with any other ongoing offers, discounts or deals extended by You at the Club.

k. Notwithstanding anything otherwise set out herein, You shall, at all times remain, solely liable for (a) the goods and/or services, rendered to a Customer at the Club ; (b) any in-person interactions with the Customer by You and or its representatives; (c) payment of all applicable taxes and statutory dues with respect to the goods and services offered and charged by the Club and the Offer(s) extended to the Customer and compliance with all applicable laws; (d) the Customer’s experience at the Club.

l. You hereby represents to Agency that it is in compliance with all rules and regulations prescribed by extant excise laws and that it has a valid license to sell liquor and/or alcoholic beverages at the Club.

m. You will ensure that the Information provided to Agency is current and accurate, including but not limited to the Club address, contact telephone number, email, manager/contact person details, opening hours etc.

n. SaaS Membership Services:
i. The Venue Partner acknowledges that Partywitty offers a Software-as-a-Service (SaaS) membership plan, providing access to its digital platform, tools, and features designed to enhance visibility and connect with a niche audience of potential customers.
ii. The membership fee charged for the SaaS platform is non-refundable under any circumstances, including but not limited to early termination, non-usage, or discontinuation of services by the Venue Partner.
iii. Full payment of the membership fee is due upfront as per the invoice. Membership services will commence only upon receipt of full payment.
iv. The membership is issued exclusively to the Venue Partner and is non-transferable without prior written consent from Partywitty.
v. The SaaS membership provides access to visibility and potential leads via the platform; however, Partywitty does not guarantee any specific number of leads, bookings, or revenue outcomes. The decision to transact rests solely with the end customer.
vi. If the Venue Partner engages in misuse of the platform—including unauthorized resale, redistribution, sharing of access, or actions that damage Partywitty’s reputation—Partywitty reserves the right to immediately suspend or terminate services without refund and may pursue legal remedies.
vii. Partywitty shall not be liable for any indirect, incidental, or consequential damages, or loss of profits arising from the use or inability to use the platform, beyond the membership fee paid.
viii. Partywitty reserves the right to suspend or terminate membership services for breach of terms, non-payment, misuse, violation of applicable laws, or any activity detrimental to Partywitty’s brand or operations.

ix. This Agreement, including the SaaS membership services, shall be governed by the laws of India and disputes shall be subject to the exclusive jurisdiction of the courts of Delhi.

COMMISSION

a. Agency will charge Rs. (Specific in Annexure -A) plus Taxes, per person from You on every successful Scan/Entry through the Agency App/Website.

b. The Parties hereby agree that from time to time, Agency may change the Commission rates or include any additional charges/ fee, provided however, that Agency shall communicate any such change(s) via email or any other modes of communication to You with a prior intimation of forty-five (45) days.

PAYMENT SETTLEMENT PROCESS

a. You acknowledges and agrees that any booking amount which is collected by Agency for, and on behalf of You in accordance with these Terms, shall be passed on by Agency to You subject to the deduction of the below mentioned amounts by Agency:

i. Commission and any taxes as applicable thereon;

ii. Taxes as applicable.

b. The Parties acknowledge and agree that after the deduction of the aforementioned amount, Agency shall remit the balance due to You as per the Payment Settlement Day set out in Annexure -A. If the Payment Settlement Day falls on a bank holiday/or a non -business day, the payment shall be processed on the next working day.

c. Invoices will be sent to You on dashboard access provided to You by Agency. All invoices shall be issued from the registered office of Agency in relevant State from where the services are being performed by Agency in order to comply with the provisions of Goods & Services Tax (GST) laws applicable in India.

d. You acknowledges and agrees that all amounts that are payable to Agency under these Terms shall be exclusive of the applicable taxes and that all applicable taxes will be charged separately.

e. Notwithstanding anything to the contrary herein, You are, and will be, responsible for all taxes, payments, fees, and any other liabilities associated with the computation, payment, and collection of taxes in connection with the Bill and Your’s use of the Agency website and application.

f. Notwithstanding anything to the contrary, Agency provide its services under this Agreement as Pure Agent. Broadly, speaking a pure agent is one who while making a supply to the recipient, also receives and incurs expenditure on some other supply on behalf of the recipient and claims reimbursement (as actual, without adding it to the value of his own supply) for such supplies from the recipient of the main supply. Agency is only liable to pay GST on the commission amount only.

You hereby appoint Agency as Your limited payment collection agent solely for the purpose of:

(A) accepting booking fees as well as for the items from the Customers on Your behalf by Agency via the Agency’s website or App, via the payment processing functionality facilitated by the Agency, and

(B) transferring You the booking fee as well as item price after deduction of Agency’s commission and any refunds given to the Customers on behalf of the Club Owner (You).

g. You agree that payment collected by Agent on Your behalf will be considered the same as payment made directly to You.

TERM AND TERMINATION

a. The arrangement between the parties shall commence from the Commencement Date and shall be valid and binding on the parties, unless terminated in accordance with these Terms.

b. Either Party may terminate the Form and the Terms by issuing a thirty (30) days prior written notice of termination to the other Party.

LICENSE

You hereby grant Agency an unrestricted, non-exclusive, royalty-free license in respect of all content and information provided to Agency by You for the purposes of inclusion on the Agency website and App.

This includes, but is not limited to,

a) use of Your name in the context of Google ad words to support advertising and promotional campaigns to promote offer(s) on internet which may be undertaken by Agency

b) preparation of derivative works of, or incorporate into other works, all or any portion of the marketing materials which will be made by Agency for the purposes of its business.

DATA PRIVACY

You agree that You will only use the Customer Data in fulfilling and in complying with the Your obligations in these Terms, and You agrees that Customer Data will not be used to enhance any file or list of Your or any third party. You represent, warrants, and covenants that it will not resell, broker or otherwise disclose any Customer Data to any third party, in whole or in part, for any purpose whatsoever. You agree that it will not copy or otherwise reproduce any Customer Data other than for the purpose of fulfilling its obligations under this Form and Terms. You (and any other persons to whom You provides any Customer Data) will implement and comply with reasonable security measures in protecting, handling, and securing the Customer Data.

CONFIDENTIALITY

All Confidential Information that is made known by a Party (“Disclosing Party”) to the other Party (“Receiving Party”) during the term of this Agreement shall be received in confidence by the Receiving Party and the Receiving Party shall not disclose or use the same for any purpose, except for complying with its obligations under this Agreement. In particular, the Confidential Information shall not be used for the benefit, financial or otherwise of the Receiving Party, its employees and directors or any third party. 

The restrictions set out above shall not apply in the following circumstances:

(a)        where the Receiving Party had access to the Confidential Information prior to the execution of this Agreement.

(b)        where the Confidential Information becomes public through no fault of the Receiving Party;

(c)        where the Confidential Information was independently developed by the Receiving Party; or

(d)       where the Confidential Information was rightfully given to the Receiving Party by a third party without any obligation to maintain confidentiality of the same.

LIMITATION OF LIABILITY

For the purposes of this Section, "Liability" means liability in or for breach of contract, negligence, misrepresentation, tortious claim, restitution or any other cause of action whatsoever relating to or arising under or in connection with terms of this agreement or arising by reason of the invalidity or unenforceability of any terms of this agreement.

FORCE MAJEURE

Neither party will be liable to the other party for any failure or delay in performance caused by reasons beyond its reasonable control, including but not limited to acts of God, epidemics, earthquakes, strikes, lockdowns, civil disturbances, or similar causes.

GOVERNING LAW AND DISPUTE RESOLUTION

These Terms shall be governed by the Laws of India, for the time being in force and the courts of New Delhi shall have the exclusive jurisdiction to preside over matters arising hereunder.

GENERAL

 Partial Invalidity: If any provision in this agreement is or becomes illegal, invalid or unenforceable in any respect under applicable law, neither the legality, validity nor the enforceability of the remaining provisions will in any way be affected or impaired.

Change of Control: You acknowledges that the business and assets of Agency may be sold in the future and consents to the transfer or disclosure of its personal information and these Terms to any purchaser of the business of Agency or its assets if that outcome occurs.

Independent Contractors: The relationship of Agency and You is one of independent contractors, and nothing contained in these Terms will be construed to (i) give either party the power to direct and control the day-to-day activities of the other, (ii) constitute the parties as partners, joint ventures, co-owners or otherwise as participants in a joint or common undertaking, or (iii) allow You to create or assume any obligation on behalf of Agency for any purpose whatsoever. All financial obligations associated with Your business are the sole responsibility of Your’s.

By checking here, you are consenting to use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record.