These terms and conditions for event participation (the “Terms” OR “ Agreement”) applying to 4M 2025 (hereinafter “Event”) organized by Be Now Inspired Pvt Ltd, Best Networking Initiative LLP, Inspired Events LLP and its affiliates, and subsidiaries, and each of its and their respective officers, directors, agents, partners, and employees (hereafter referred to as “BNI Gurgaon & Faridabad”, “we”, “us” or “our”) and posted on our website (hereinafter referred to as “Site”) and will apply to all who access, browse and/or use the Site.
The materials on the Site, including without limitation information, data, text, editorial content, design elements, look and feel, formatting, graphics, images, photographs, videos, music, sounds, and other content contained in or delivered or otherwise made available by BNI Gurgaon & Faridabad in connection with the Event is the content (“Content”). Please read the Terms carefully before your participation to the Event. As used in the Terms, “you” or “your” or “user” or “Registrant(s)” is a natural or legal person that accesses, browses, uses, or creates a user account through the Site and/or has a confirmed booking for an Event. BNI together with the Registrant referred to as the “Parties,” and each severally as the “Party.” Terms written in the singular include the plural and vice versa, insofar as the text requires.
ARTICLE 1 – REGISTRATION AND PAYMENT:
1.1 Submission of online registration will be considered as a confirmed booking only if a hundred percent (100%) of the registration fee (“Registration Fee’) has been received and processed at the time of submission of online registration. In the event that full payment is not received or payment is not successfully processed , then registration will be deemed canceled and you will be refused entry to or participation in the Event. We accept payment by credit card – and you are solely responsible for all processing charges and fees. Registration Fee is non refundable.
ARTICLE 2 – PRIVACY POLICY:
2.1 During Event booking, your personal data (Examples of ‘personal data’ may include your first and last name email address, mailing address, telephone numbers, age group, gender, and other personally identifiable information) will be collected, processed, and stored as set forth in our privacy policy for Events located at https://bnitos.com/privacy/, including the transfer of your data to the United States, United Kingdom, and/or other countries for storage, processing, and use by BNI Gurgaon & Faridabad. By registering for this Event, you agree that your personal data so collected will be held by BNI Gurgaon & Faridabad as a record of registration and we may use that personal data to contact you by email, direct mail, telephone, or fax, in order to provide you with information relevant to this Event. We may also share your personal data with our partners and event sponsors in connection to this Event. If you do not wish your personal data to be shared with partners and sponsors in order for them to provide you with information relevant to this Event, please contact BNI Gurgaon & Faridabad – by sending an email.
ARTICLE 3 – CHANGES, AND POSTPONEMENT BY BNI:
3.1 In extenuating circumstances due to causes beyond its reasonable control (“Force Majeure”), including but not limited to, accident, acts of nature, fire or water damage, third-party criminal conduct, acts of God, war, terrorism, riots, disease or medical epidemics, pandemics or outbreaks, power or other utility outages, labor disputes or strikes, shortages of or inability to obtain labor or supplies, or other causes beyond its control, BNI Gurgaon & Faridabad has the right reschedule or to cancel an Event partially or in its entirety. BNI Gurgaon & Faridabad also reserves the right to cancel or postpone an Event due to low enrollment, inclement weather, or other circumstances not included under Force Majeure which would make the Event non-viable. In every such case, you shall not be entitled to claim compensation for any costs and/or loss or damage incurred. If the Force Majeure event continues BNI Gurgaon & Faridabad shall have the option of organizing the Event at the same pricing virtually using the online event platforms and the Registrant agrees to be bound to accept the same without any option to cancel. If the Event can be rescheduled or organized virtually, then your current booking will be transferred for the same Event for a new, future date and shall continue to remain valid.
3.2 If the Event is canceled and cannot be re-arranged, the registration will lapse. In such case, BNI Gurgaon & Faridabad shall refund all your payments made up until the point of cancelation, except any costs already incurred by BNI Gurgaon & Faridabad in respect of the Event. Such costs will be wholly or partly apportioned among the Registrants on a pro-rata basis. If an Event runs for multiple days and only one day is canceled, BNI Gurgaon & Faridabad will make a partial or prorated refund to Registrants with multi-day ticket booking. This refund will be made within 30 days after the date on which BNI Gurgaon & Faridabad – has publicized the cancellation of the Event on its Site. BNI Gurgaon & Faridabad is not responsible for airline tickets, visa application costs, hotel costs, other tickets or payments, or any similar fee penalties or related or unrelated losses, costs, and/or expenses you may incur or have incurred as a result of any trip cancellations or changes.
3.3 BNI Gurgaon & Faridabad reserves the right to change or replace any or all trainers, facilitators, and keynote speakers for the Event without prior notice.
3.4 BNI Gurgaon & Faridabad – may refuse participation to Registrants who appear or are believed to be under the influence of drugs or alcohol. No refund will be made in such circumstances.
ARTICLE 4 – WEBSITE & LINKS:
4.1 Our Site may redirect or link to other websites on the internet, or may otherwise include references to information, products, or services made available by unaffiliated third parties. While we make every effort to work with trusted, reputable providers, from time to time such sites may contain information, material, or policies that some may find inappropriate or personally objectionable. You understand that we are not responsible for the accuracy, completeness, decency, or legality of Content for such Contents, images, or any other material in any form hosted by third-party websites, nor are we responsible for errors or omissions in any references made on those websites. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with such website or party by us, or any warranty of any kind, either express or implied. You are solely responsible for and assume all risk arising from your access to and/or use of any such linked websites.
4.2 You further agree that BNI Gurgaon & Faridabad shall not be liable for any losses, damages, or claims suffered by you as a consequence of viruses, worms, trojan horses, and/or other items of a destructive nature on such third-party websites.
ARTICLE 5 – RELEASE AND INDEMNIFICATION:
5.1 Release. You agree to release, waive and forever discharge any and all liability, claims, and demands of whatever kind or nature against BNI Gurgaon & Faridabad, its present and former officers, employees, members, directors, agents, servants, representatives, parents, affiliates, subsidiaries, franchisees successors, and assigns (“BNI Gurgaon & Faridabad”) either in law or in equity, to the fullest extent permissible by law, including but not limited to damages or losses caused by the negligence, fault or conduct of any kind on the part of BNI Gurgaon & Faridabad, including but not limited to death, bodily injury, illness, economic loss or out of pocket expenses, or loss or damage to property, which I, my heirs, assignees, next of kin and/or legally appointed or designated representatives, may have or which may hereinafter accrue on your behalf, which arises or may hereafter arise from your participation in the Event.
5.2 Indemnification: You will irrevocably and forever defend, indemnify and hold harmless BNI Gurgaon & Faridabad from and against any and all third-party, claims, actions, suits, procedures, costs, losses, damages, judgments, penalties, interest, and expenses of whatever kind (including reasonable attorneys’ fees) that arise out of or relate to: (i) your use of the Site or participation in the Event; (ii) any actual or alleged breach of your representations, warranties, or obligations outlined in this Terms; (iii) any content you provide including but not limited to any actual or alleged infringement of any intellectual property or proprietary rights of any third party. You further agree to indemnify and hold BNI Gurgaon & Faridabad with regard to any financial obligations, liabilities, monetary loss, or expenses that you may personally incur or any damage or injury to the person or property of others that you may cause, as a result of your participation in the Event.
ARTICLE 6 – ACKNOWLEDGEMENT AND ASSUMPTION OF RISKS and COVID-19 WAIVER:
6.1 You acknowledge that there are certain inherent risks that participants voluntarily assume when attending the Event. You understand and agree that neither BNI Gurgaon & Faridabad nor any cooperating institution assumes any responsibility for damages to or loss of my property, personal illness, injury, or death to you while you participate in the Event, including, but not limited to, activities during the Event and any travel to or from your place of residence, to and from the airport, and to and from the venue. By voluntarily participating in the Event, you freely assume any risk associated with or arising out of traveling, attending meetings or conferences, and living abroad.
6.2 You are aware that the novel coronavirus, COVID-19 has been declared a worldwide pandemic by the World Health Organization and is extremely contagious, and social distancing is therefore recommended. You understand that attending the Event may increase the risk of directly or indirectly contracting COVID-19. You acknowledge the contagious nature of COVID-19 and voluntarily assume the risk You may be exposed or infected by COVID-19 by attending the Event and that such exposure or infection may result in personal injury, illness, permanent disability, and even death (“Injury”). You agree to adhere to the safety protocols that BNI Gurgaon & Faridabad and its venue partner have put in place as reasonable prevention measures to reduce the spread of COVID-19 as guided by the directives from federal, state, and local authorities. You acknowledge that you may be removed from the Event or asked to leave the Event should you fail to adhere to any of the safety protocols at the Event. Further due to the contagious nature of COVID-19, BNI Gurgaon & Faridabad cannot guarantee that Event attendees will not become infected with COVID-19. You acknowledge and freely assume any and all risks arising out of or related to being exposed to, contracting, or spreading COVID-19. You do hereby forever release and waive your right to bring suit against BNI Gurgaon & Faridabad in connection with exposure, infection, and/or spread of COVID-19 related to your participation in the Event to the fullest extent permitted by applicable law. You understand that this means you give up your right to bring any claims including for personal injuries, death, disease or property losses, or any other loss, including but not limited to claims of negligence, and give up any claim You may have to seek damages, whether known or unknown, foreseen or unforeseen.
6.3 You further acknowledge that it is your responsibility to review travel advisories, warnings, or other information available in your specific home country travel advisories, warning, or other information, and freely assume any and all risks which may arise, concern, or relate to the conditions contained in any advisory statements, warnings or other information. You also acknowledge that you are free to seek out any additional information you may desire before you choose to participate in the Event. You agree that, as a condition of participating in any off-sites outside of your home country, your decision to travel is solely your choice and that you voluntarily assume any and all related risks concerning such activities, including the risk of needing additional information upon which to make an informed choice about whether to participate in such Event.
ARTICLE 7 – LIMITATION OF LIABILITY:
7.1 To the extent permitted by applicable laws, or as otherwise set forth herein, BNI Gurgaon & Faridabad will not be liable to you or any third party, for any indirect, incidental, special, consequential, punitive, or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data, opportunity costs, intangible losses regardless of BNI Gurgaon & Faridabad been advised of the possibility of such damages. In no event will BNI be liable to you in an amount greater than the amounts paid or payable by you for the Event hereunder. This limitation of BNI Gurgaon & Faridabad’s liability is cumulative, with all payments for claims or damages in connection with the Terms being aggregated to determine satisfaction of the limit. The existence of one or more claims will not enlarge the limit.
7.2 Nothing in the Terms is intended to exclude or limit any condition, warranty, right, or liability that may not be lawfully excluded or limited. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by willful acts, negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, if this limitation does not apply to you, your sole and exclusive remedy relating to your use of the Site shall be to discontinue using the Site.
ARTICLE 8 – APPLICABLE LAW; DISPUTE RESOLUTION:
8.1 Governing Law. This Agreement shall be governed in all respects by the laws of the India.
8.2 Mediation. Registrant agrees to attempt to resolve any dispute between Registrant and BNI Gurgaon & Faridabad that arises out of this Agreement. The mediation procedure to be followed by the Parties will be in accordance with BNI Gurgaon & Faridabad’s then-current procedures for resolving disputes (the “Procedures”) which will be made available to Registrant upon written request to BNI Gurgaon & Faridabad. All non-binding mediation will occur where BNI Gurgaon & Faridabad offices are then located. Where possible, the parties shall look to leverage video conferencing as a way of meeting. All Parties shall pay their respective costs and expenses of mediation, including a split of the neutral mediator’s fees.
8.3 Institution of Arbitration Proceedings. Registrant or BNI Gurgaon & Faridabad shall not institute any legal or administrative proceeding for any dispute, claims, or cause of action arising out of or in connection with this Agreement without first attempting to resolve the dispute through negotiation and non-binding mediation. If such mediation fails to resolve the dispute, then either party may invoke arbitration.
8.4 Arbitration.
Any dispute, claim, or cause of action arising out of or in connection with this Agreement, including any question regarding its existence, validity, or termination, or the legal relationships established by this Agreement, will be finally settled by arbitration to be conducted in accordance with the Arbitration Act and the terms of this Section. The following procedure applies to such arbitration:
(i) The tribunal must consist of a single arbitrator who the parties shall appoint in accordance with the Rules (the “Arbitrator”);
(ii) The arbitration must take place in Gurgaon, India. Where possible, the parties shall look to leverage video conferencing as a way of meeting.
(iii) The language of the arbitration must be English. Any document not in English must be translated into English by and at the expense of the party submitting it;
(iv) If the Arbitrator dies, resigns, or becomes unable to act, the parties shall appoint a new Arbitrator;
(v) Upon conclusion of the arbitration, the Arbitrator must issue his/her award in writing;
(vi) The Arbitrator may make an order for the payment of interest on any amount claimed and an order for the payment of costs;
(vii) The costs and expenses of the arbitration (including the Arbitrator’s fees and expenses, the cost of hiring premises for hearings and the cost of related facilities, the cost of shorthand writers and typists if transcripts of hearings are to be taken) will be initially shared equally by the parties, but at the conclusion of the arbitration proceeding, all costs and expenses (including, without limitation, reasonable attorneys’ fees) of the prevailing party shall be reimbursed by the party that does not prevail. For purposes hereof, prevailing party means the party in whose favor final judgment or final award, after appeal (if any), is rendered by the arbitrator with respect to the specific claim(s) asserted by such party in any such arbitration.
(viii) Any matter relating to the conduct of the arbitration or to the interpretation of this Section must be determined by the Arbitrator, whose decision will be final and binding upon the parties; and
(ix) The parties shall keep the entire arbitration proceeding, including all claims, materials and disputes involved therewith, strictly confidential, unless the other party agrees otherwise in writing. Each party hereby acknowledges that any and all awards made against it by the Arbitrator will be binding on, and enforceable against it pursuant to the Arbitration Act.
Article 9 – GENERAL MODIFICATIONS:
9.1 We reserve the right at all times to change, amend, add, or remove any of the above terms from time to time without prior notice. We may also update the Terms in our sole discretion and as necessary to remain compliant with relevant applicable law. The updated terms of use will be effective no later than when posted and may be effective prior to posting or retroactively applied if we decide such retroactive application is necessary to comply with relevant applicable law.
Article 10 – CODE OF CONDUCT:
10.1 You agree to adhere to the BNI Code of Ethics associated with your membership in every interaction throughout the Event, including but not limited to: Members, Guests, Spouses, Venue/Event Staff, Global Support Team Members, and other visitors of the resort. In the spirit of BNI’s core values and global culture, this means that every Registrant is expected to engage with all others in a manner of integrity and respect at all times under all conditions.
ARTICLE 11 – PHOTO & VIDEO RELEASE.
11.1 You agree to irrevocably authorize BNI Gurgaon & Faridabad and its subsidiaries, agents, assignees and licensees (collectively in this paragraph, “BNI Gurgaon & Faridabad”) to use images of you captured by BNI Gurgaon & Faridabad whether in photos, film, video or otherwise (collectively the “Photography”) in its marketing and promotional materials for its websites, print assets, and BNI Brand Share among others. You further authorize BNI Gurgaon & Faridabad to attribute the Photography and, for that purpose, You authorize BNI Gurgaon & Faridabad to use your name (and city and state of residence), likeness, signature, image and voice, as appropriate, in connection with the Photography. You understand that BNI Gurgaon & Faridabad may edit your photograph due to space considerations or for any other reason, and you consent to the editing or alteration of your photograph. You hereby release BNI Gurgaon & Faridabad from any and all claims that you may have whatsoever in connection with the Photography, including without limitation claims at law or in equity, known or unknown, suspected or unsuspected, arising out of or related to the use of your likeness, name, and/or voice. You hereby waive any right that you may have to inspect and/or approve the use of the Photography, or any collateral materials that may be produced by BNI Gurgaon & Faridabad in connection with the Photography. You hereby acknowledge that all right, title and ownership in and to the Photography, including any and all copyrights and moral rights, shall be the exclusive property of BNI Gurgaon & Faridabad and, to the extent you have any, You hereby assign all right, title and interest in the Photography to BNI Gurgaon & Faridabad.