Book My Kitty

Terms & Conditions

1. These Terms and Conditions (the “Terms” or the “Agreement”) created binding legal obligations between M/s Optymystix Enterprises (India) Limited, a company incorporated in India under the Companies Act 1956, having its Corporate office at PLOT NO. A-36, SECTOR 67, NOIDA, Gautam Buddha Nagar, Uttar Pradesh 201303 and You. If you do not agree to the terms here, please do not access the Platform (as defined below), use any of the services offered through the Platform.

2. These terms and conditions constitute the agreement between you (“User”) and Optymystix Enterprises (India) Limited (the “Company”) and our affiliates (“we,” “us,” or “Company”) regarding your use of our service (“Service”) in India, and applies to our website named www.bookmykitty.co.in and/or and to the application for mobile devices and all related social media handles (the Website and the Application are collectively called the “Platform”). 

3. To be eligible to access the Platform, you agree that you are over 18 years of age as we do not permit minors to access the Platform. If you are below the age of 18 years, kindly leave the Platform. 

4. Your association with us begins once you have agreed to these Terms on our Platform and you agree that during the term of your association with Us, you shall abide by the Terms as provided here.

5. These Terms may be modified by the Company upon its sole discretion and upon such change, you shall be required to agree to the revised/amended Terms.

6. The Company is into the business of event management and social networking, User hereby confirm to on board with us as a user of party and event service provided by the platform.

7. As per the Platinum package, Company shall provide you with the various investment/ Insurance options as available with the Company as on date. You shall have to mandatorily purchase the insurance and the premium shall be paid by you directly to the insurance provider made available to you through the link provided by Optymystix to avail all free services as promoted by bookmykitty.com. Once the insurance policy is issued, there shall be a cooling off period of 15 days, and only after its completion, that You shall be eligible to host the kitty party. Please note Optymystix has no role in insurance business including the term duration, the premium and any other details whatsoever. It is also agreed that the Company is only a facilitator for promoting both insurance and fun and that it has no role or is responsible in getting you the insurance or any related product/ Services from the insurance company whatsoever.

8. The gift hamper can also be converted into wallet points once the portal is ready and the members can redeem points for gifts of their choice.

9. Every kitty shall have the gathering of Minimum 8 people. You are eligible to enter into more than one kitty, however the terms mentioned here shall have to be abided by including the investment of insurance clause mentioned above. It is made abundantly clear that any member joining or leaving the kitty is the responsibility of the same person/ Group and that the Company has no role or responsibility of the same. For any customised Kitty, Optymystix sales team can be contacted separately.

10. The Company may conduct various events and carnivals where You shall be allowed to attend upon payment of a certain fee which the Company may, at its own discretion levy and which may differ from event to event or venue to venue.

11. The kitty shall be held as decided by the members of the kitty. It is hereby informed and agreed that the Company shall not be responsible for any booking arrangements or discounts whatsoever. It is also agreed that the conduct of the persons/members of the kitty group have no bearing towards the Company and the Company shall not be responsible for any actions or omissions made by the members of the kitty. It is to be made clear that we are only an intermediary and that we do not take any responsibility of the conduct of the members or restaurants and its staff and that any issues resulting in between the restaurant and the member shall be handled by the members itself except issues regarding the menu and the general ambience of the restaurant which shall be highlighted to the Company. It is also made clear that the Company shall not be responsible for any theft or damage that may happen during the kitty parties, whatsoever. Such instances shall be resolved between the restaurant owners and the members within themselves.

12. Each Party hereby represents, warrants and declares that: (i) It has taken all necessary actions to authorize the execution, delivery and consummation of this Agreement and this Agreement does not constitute a default and/or violation of any provision of applicable law or regulation or of the organisational documents of such Party or of any agreement, order, judgment, injunction, decree or other instrument by which such Party is bound. (ii) There are no judicial or administrative actions, proceedings, litigations or investigations (civil and/or criminal) pending or threatened against such Party, under any law including but not limited to the proceedings under Prevention of Corruption Act, Prevention of Money Laundering Act or any other anti-corruption legislation. (iii) It has all the licenses and permits as required under applicable laws and sufficient infrastructure, skill and resources to perform the obligations under this Agreement

13. All domestic and foreign patents, patent applications, copyrighted works, copyright applications, and registrations, trade names, trademarks and service marks, registered trademarks, and trademark applications, registered service marks and service mark applications which are used by, owned by or licensed to the Company (collectively, the “Intellectual Property”). The Customer understands and acknowledges that all such Intellectual Property shall be the sole and exclusive property of the Company. The Customer further agrees to cooperate fully with the Company to secure, maintain, enforce, or defend the Company’s ownership of rights in such Intellectual Property. The rights and remedies of this Clause are in addition to any rights and remedies available under applicable law. Each party shall retain all right, title and interest, including all copyrights, patent rights, and rights in trademarks, service marks, logos and commercial symbols as well as all other intellectual property rights. Neither party shall acquire any interest in the other party’s intellectual property or any other products, services or materials, or any copies or portions thereof, provided by such party pursuant to this Agreement, and any commercial use of the intellectual property other than pursuant to this Agreement is strictly prohibited.

14. This Agreement is strictly between the parties and this Agreement shall not be interpreted as a partnership, joint venture or an agency relationship between the parties. Any other business relationship between the parties, if any, must be governed by a separate written definitive agreement pursuant to which the parties intend to be legally bound.

15. The Company and its Affiliates and their respective officers, directors, employees or agents shall have no liability for any damages, losses, deficiencies, obligations, penalties, judgments, settlements, claims, payments, fines, interest costs and expenses (including the costs and expenses of any and all actions and demands, assessments, judgments, settlements and compromises relating thereto and the costs and expenses of attorneys’, accountants’, consultants’ and other professionals’ fees and expenses incurred in the investigation or defence thereof or the enforcement of rights hereunder) (“Losses”) to the Customer and its Affiliates and their respective officers, directors, employees or agents with respect to their furnishing any of the Services hereunder except for Losses arising out of or resulting from the gross negligence or wilful misconduct of the Company occurring after the date hereof.

16. Notwithstanding anything to the contrary, the Company shall not have any liability pursuant to this Agreement for loss of actual or anticipated profits; loss of goodwill; loss of business; loss of revenue or of the use of money; loss of contracts; loss of anticipated savings; loss of data and/or undertaking the restoration of data; and/ or any special, indirect or consequential loss on the part of the Customer. The Company’s total liability, whether arising out of any breach of contract, warranty, tort or otherwise under or in connection with this Agreement or the transactions contemplated hereby, shall not exceed 20% (twenty percent) of the said Dining fee.

17. This Agreement shall be governed by, and construed in accordance with, Indian laws and any and all claims, disputes or differences arising out of, or in connection with, this Agreement shall be subject to the exclusive jurisdiction of the courts at New Delhi, India.

18. Any dispute, controversy or claim arising out of or relating to this Agreement or any related agreement or other document or the validity, interpretation, breach or termination thereof, including claims seeking redress or asserting rights under applicable law, shall be resolved and finally settled in accordance with the provisions of the Indian Arbitration and Conciliation Act, 1996 as may be amended from time to time or its re-enactment (the “Arbitration Act”). The arbitration shall be conducted by a single arbitrator who shall be appointed jointly by both Parties. The arbitration shall be conducted at New Delhi, and shall be subject to the Indian Laws. The arbitration proceedings shall be given in English language.

19. Continued performance of a service may be suspended immediately to the extent caused by any event or condition beyond the reasonable control of the Company or its vendors / Allies suspending such performance including acts of God, fire, labour or trade disturbance, war, civil commotion, compliance in good faith with any law, unavailability of materials or other event or condition whether similar or dissimilar to the foregoing.

20. If any provision(s) of this Agreement shall be held invalid, illegal or unenforceable by a court of competent jurisdiction, the remainder of the Agreement shall be valid and enforceable and the parties shall negotiate in good faith a substitute, valid and enforceable provision which most nearly affects the parties’ intent in entering into this Agreement.

21. This Agreement constitutes the entire agreement of the Parties on the subject hereof and supersedes all prior understandings and instruments on such subject. This Agreement may not be modified other than by a written instrument executed by duly authorized representatives of the Parties. No waiver of any provision of this agreement may be deemed, or will constitute, a waiver of any other provision, whether or not similar, nor will any waiver constitute a continuing waiver. No waiver will be binding unless executed in writing by the party making the waiver. No amendments, additions to, alterations, modifications or waivers of all or any part of this Agreement shall be of any effect, whether by course of dealing or otherwise, unless explicitly set forth in writing and executed by both parties hereto. If the provisions of this Agreement and the provisions of any purchase order or order acknowledgment written in connection with this Agreement conflict, the provisions of this Agreement shall prevail. The headings of the clauses are inserted for convenience only and not affect the construction of this Agreement. The schedules to this Agreement are the integral part of this Agreement and shall not be read independent of this Agreement.

22. The failure of a party to enforce any provision of the Agreement shall not be construed to be a waiver of the right of such party to thereafter enforce that provision or any other provision or right.

23. The Company reserves the right to amend the terms of this document without notifying anyone individually. The terms mentioned here are dynamic and You are requested to check the terms on a periodical basis.

24. It is to be noted that alcohol will be served only to members/guests who are legally eligible for the same. The Platform will not be responsible for any refunds/ claims in case the user does not comply with the applicable laws and the legally permissible drinking age limit resulting in the restaurants denying serving alcohol to such members. Kindly verify applicable laws before booking.

25. Any content posted by user on website /social media pages of Bookmykitty or on pages of partner restaurants, can be used by Company in various promotions and campaigns, and any abusive content so posted shall be reported and penalised in accordance with the applicable laws.

26. Any advances paid towards the booking of a party, shall not be refundable under any circumstances, as our platform does not allow cancellation of parties, however we allow Rescheduling of Parties with the same restaurant, if the rescheduling is done 24 hours before the party. No claims in this effect shall be entertained.

27. Customer may be provided by various gift hampers/ vouchers during their engagement with the company on free or payment basis as per the offers available from partner brands.

28. Customers may be required to interact with Partner Brands/ sponsors during their Kitty party for 15 Minutes for their promotions during various kitty parties.

29. Cancellation/ No Show: Book my kitty is committed to providing convenient and quality service to our users. To help us in maintaining this level of service, we urge our users to be cautious while making final reservations, and reach the venue in time, in case of no show or less members turning up at the kitty, there shall be no refund of any types.

30. Refund policy: Prepaid deals are non-refundable and non-cancellable, Refunds can be considered only in the following two scenarios:
1. Restaurant got shut permanently
2. b. Restaurant discontinued the deal during the deal duration
3. In case of refunds, it will be processed within 15 working days through online mode.

31. User Communication Guidelines : We send our users (registered with us) regular communications about our products and offers.

32. What are the copyright policies for Book My Kitty?
• The website is for personal use only. Any distribution or use of the website content, including text, images, audio and video, for any business, commercial or public purpose without prior permission is subject to legal action.
• It is restricted to display, host, upload, modify, publish, transmit, update or share any information without prior permission.
• Book My Kitty logo is a trademark of this Company in India and other countries. The brand names and specific services of this Company featured on this web site are trademarked.
• All materials on the website, including but not limited to audio, images, software, text, icons and the like are protected by copyright under international conventions and copyright laws.
• Any unauthorised use of website content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statute.
• Users may download the content to be used only for personal use. If you download any content, you shall not remove any copyright or trademark notices or other notices that go with it.
• As long as you comply with the terms, Book My Kitty grants you the right to enter, view and use the website and mobile application. You agree not to interrupt or attempt to interrupt the operation of Book My Kitty in any way.
• Access to certain areas of the website may only be available to registered members.
• To become a registered member, you may be required to answer certain questions. Answers to such questions may be mandatory and/or optional.
• The company accepts all your personal information in good faith as being truthful and accurate. Legal action may be initiated for any false or inaccurate information and you agree to indemnify Book My Kitty.