Terms of Service

Last updated on Jan 1, 2022

These terms of service (“Conditions”) form part of your agreement with HexaFair, subsequently referred to as “HEXAFAIR”, “we”, “us” or “our” in the document.

In these terms we used the definition “Host” & “Organizer”. These are the companies, businesses, individuals and organisations who use HEXAFAIR as a platform to organise and host their online events, meetings or any other form of audio-video interaction, subsequently referred as “Event” or “Events” or “Exhibitions” or “Trade shows” or “Fairs”.

1. Users of HEXAFAIR

There are three different types of HEXAFAIR users which these terms apply to:

“Organizers”. If you are an Organizer, you are an individual, normally an employee, contractor or partner of a Host who are part of the team which helps the Host to manage, run and host Events and/or manage, maintain and transact for the business operation of Host. Organizers have special access privileges and are invited to access and use HEXAFAIR by a Host.

“Participants”. You are a Participant if you attend an Event on HEXAFAIR. Participants are either invited to a specific Event by a Host or have signed up for a HEXAFAIR account and attend an event using their account details. Participants also include Participants that have been invited by the Host to speak at an Event, exhibit at an Event, or be Event sponsors.

In these terms, unless specified otherwise you are a “User” or “HEXAFAIR User”.

1.1. Our role

Events are organized and administered by the Host, not us. We are a third party providing the platform for an Event to take place. We are not responsible and cannot be held liable:

if an Event is cancelled for any reason by the Host;
for how an Event is run;
for any content produced or activities carried out during an Event;
for the conduct or Contributions (as defined below) of any other Users.

1.2. HEXAFAIR Account and Channels

If you create a HEXAFAIR account, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the HEXAFAIR Services. If you create a channel on HEXAFAIR or stream using HEXAFAIR on any external channel, you are responsible for all activities that occur on your channel. If you host anevent on HEXAFAIR, you are responsible for all activities that occur in the event.

You must not describe or assign keywords to your channel or webinar or event in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and HEXAFAIR may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause HEXAFAIR liability.

You must immediately notify HEXAFAIR of any unauthorized uses of your account, channel, webinar or any other breaches of security. HEXAFAIR will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

1.3. The Host’s responsibilities to you

The Host has full control over the running of any Event. This includes control over any Users, when Events are created and how they are configured, and what functionality and third-party integrations are activated for use at each Event.

The Host may prohibit or withdraw access to Events and/or HEXAFAIR to any User at any time.

The Host may take additional requisite permissions from participants on their Terms of Use for smooth conduct of the event. Notwithstanding anything to the contrary contained in the host’s Terms of Use or in some particular section/link in the host’s Terms of Use, all sections of this document, HEXAFAIR Terms of Service, will remain valid, accepted, and will take precedence.

It is solely the Host’s responsibility to:

inform you of any relevant policies and practices of the Host that apply to your use of HEXAFAIR outside of these User Terms;
inform you of any relevant policies and practices of the Host that apply to your use of HEXAFAIR outside of these User Terms;
respond to and resolve any dispute between the Host and you, or between you and any other User.

1.4. Complaints, issues and refunds

If any of the matters listed have caused an issue for you, or you have paid for a ticket to an Event and would like to discuss a refund, you should contact the Host, whose responsibility it is to deal with the matter.
Our only responsibility is to provide the technical facility for the Event to run. If you are experiencing technical issues with HEXAFAIR, you can contact us and we will try to resolve the same.

HEXAFAIR does not guarantee the quality, safety, legality or truth of any representations made by a due-collecting (paid) channel or ticketed (paid) event. HEXAFAIR disclaims any liability for the actions and/or omissions of the organizer(s) of a dues-collecting channel or a ticketed event, and the organizer(s) will be held fully liable for any fraud, misrepresentations or otherwise illegal or harmful conduct.

2. Right to use HEXAFAIR

2.1. Licence

We license you to access and use HEXAFAIR:

where you are an Organiser, either for the internal business purposes of the Host where the Host is a business or, for your own personal purposes where the Host is an individual using HEXAFAIR in their personal capacity, including in both cases to create, organise and host Events on HEXAFAIR; and
where you are a Participant, to attend Events and act within any restrictions set by the Host and HEXAFAIR, as permitted in these User Terms.
where you are an exhibitor or sponsor, to exhibit the businesses or services at an Event and act within any restrictions set by the Host and HEXAFAIR, as permitted in these User Terms.

2.2. License Restrictions

You agree that you will:

except as permitted by these User Terms, not rent, lease, sub-license, loan, provide, or otherwise make available, your right to use or access HEXAFAIR or any part of it, in any form, in whole or in part to any person or organization without prior written consent from us and in respect to Event content except as permitted by the Host;
not copy HEXAFAIR or any part of it, except as part of the mutually agreed use of HEXAFAIR;
not translate, merge, adapt, vary, alter or modify, the whole or any part of HEXAFAIR or any content on it, nor permit HEXAFAIR or any part of it to be combined with, or become incorporated in, any other programs, except as necessary to use HEXAFAIR as permitted in these User Terms;
not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of HEXAFAIR or any content on it nor attempt to do any such things, except to the extent permitted by law.
in our sole discretion, we can decide which content you may download, copy, and/or share and that you will abide by our decisions and policies with regard to our content. You understand that if you do copy or reproduce any information without permission, we may immediately terminate your access to the Sites and/or to the products or services.
if a file is made available for and intended for downloading, there will be downloading instructions, which tell you that you can download it and will also indicate whether you may share it.
if a downloadable file does not expressly state that you may share it, then you will not do so without written permission from the content owner.

2.3. Charges and payment

The Customer shall pay the Subscription Fees for HEXAFAIR for the User Subscriptions in accordance with the applicable pricing.

The Customer shall on the Effective Date or such other date as specified on the Order, provide to HEXAFAIR valid, up-to-date and complete credit card details or approved purchase order information acceptable to HEXAFAIR and any other relevant valid, up-to-date and complete contact and billing details and, if the Customer provides:

its credit card details to HEXAFAIR, the Customer hereby authorises HEXAFAIR to bill such credit card:
1. on the Effective Date for the Subscription Fees payable in respect of the first subscription month or year (as applicable); and
2. on each monthly or yearly anniversary, as stated in the Order, of the Effective Date for the Subscription Fees payable in respect of the next period.
3. on each event which require charging the credit card as per usage of the HEXAFAIR and its affiliated platforms
The Customer shall pay the Subscription Fees to HEXAFAIR in advance of the Services being provided.
HEXAFAIR shall not provide the Services until the Subscription Fees have been paid, unless HEXAFAIR have agreed to a trial period or other prearrangement with the Customer.

All amounts and fees stated or referred to in these terms

shall be payable in currency as specified at the time of payment, if not mentioned it would be in USD;
are, non-cancellable and non-refundable;
may incur a value added tax, which shall be added to HEXAFAIR’s invoice(s) at the appropriate rate.

Usage Limits & Charges

If, at any time whilst using the Services, the organizer or user exceeds the amount of usage limit (like storage space, check-in etc) specified in the plan, HEXAFAIR shall charge the Customer, and the Customer shall pay, HEXAFAIR’s then current excess usage fees.
HEXAFAIR shall be entitled to increase the Subscription Fees or the fees payable in respect of the additional User Subscriptions / Check-in/ Storage Space purchased. In the event that the Subscription Fees cannot be agreed, the Customer is entitled to terminate the contract provided all previous dues have been paid in entirety by the customer.

2.4. Authorized Affiliates & Resellers

HEXAFAIR Tickets may only be sold or resold by Affiliates and Resellers expressly authorized by HEXAFAIR through authorized means and channels. HEXAFAIR reserves the right to terminate any Account or Service that a user has sold, re-sold, or attempted to sell on an unauthorized basis. All previous payments for those Accounts or Services will be forfeited. No refunds will be given.

3. Uploading content to HEXAFAIR

As part of your participation in an Event, you may submit content, information and data, such as messages or files to HEXAFAIR (“Contributions”).

3.1. Security measures

We use reasonable security measures in order to protect Contributions against unauthorized copying and distribution. However, we do not guarantee that any unauthorized copying, use or distribution of Contributions by third parties will not take place. To the furthest extent permitted by applicable law, you hereby agree that we shall not be liable for any unauthorized copying, use or distribution of Contributions by third parties (including other Users). The security measures we use to protect your Contributions are provided and used “as-is” and with no warranties, guarantees, conditions, assurances or other terms that such security measures will withstand attempts to evade them.

3.2. Sharing opinions

Subject to these User Terms and the Community Guidelines, you may share opinions; participate in activities; provide links, including the contribution pages; You agree, however, that these activities are entirely your own. Moreover, by engaging in these activities, you represent and warrant that you are eligible to engage in them under applicable law, and that you will abide by all relevant laws and regulations while doing so.

3.3. Promotional activities

You will ensure that you comply with any advertising guidelines or applicable laws that may apply to any promotional or marketing activities you carry out on or using HEXAFAIR. For example, if you have been paid or provided with free products in exchange for discussing or promoting a product or service through HEXAFAIR, or if you are an employee of a company and you decide to discuss or promote that company’s products or services on or using HEXAFAIR, you agree to comply with all applicable requirements for disclosing such relationships. You, and not us, are solely responsible for any endorsements or testimonials you make regarding any product or service through HEXAFAIR.

Users may promote, administer, or conduct a promotion on, through or using HEXAFAIR (a “Promotion”). If you choose to promote, administer or conduct a Promotion, you must adhere to the following rules:

you may carry out Promotions to the extent permitted by applicable law and you are solely responsible for ensuring that any Promotions comply with any and all applicable laws, obligations, and restrictions;
you will be classified as the promoter of your Promotion in the applicable jurisdiction(s) and you will be solely responsible for all aspects of and expenses related to your Promotion, including, without limitation, the execution, administration, and operation of the Promotion, drafting and posting any official rules, selecting winners, issuing prizes, and obtaining all necessary third-party permissions and approvals. We have the right to remove your Promotion from HEXAFAIR if we reasonably believe that your Promotion does not comply with these User Terms or applicable law;
we are not responsible for and do not endorse or support any such Promotions. You will ensure that it is clear that the Promotion is yours and that we do not sponsor or co-sponsor of the Promotion.

3.4. Live streaming, audio visual, exhibitor & booth content

You acknowledge that:

where you are a Participant or Organizer, unless we agree otherwise in writing, if you submit, transmit, display, perform, post or store Contributions on or using HEXAFAIR, you grant us, and our sublicensees (including the Hosts), to the furthest extent and for the maximum duration permitted by applicable law (including in perpetuity if permitted under applicable law), an unrestricted, worldwide, irrevocable, fully sub-licenseable, non-exclusive, and royalty-free right to:
1. use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Contributions in any form, format, media or media channels now known or later developed or discovered; and
2. use the name, identity, likeness and voice (or other biographical information) that you submit in connection with such Contributions. Should such Contributions contain the name, identity, likeness and voice (or other biographical information) of third parties, you represent and warrant that you have obtained the appropriate consents and/or licenses for your use of such features and that we and our sub-licensees are allowed to use them to the extent indicated in these User Terms
The host can choose to record meetings and webinars, including creating the recording of you making any kind of contribution on the platform. By using the Services, you are giving Host, HEXAFAIR and its partners consent to create, store, display & share recordings for any or all HEXAFAIR meetings or webinars that you join.

4. Acceptable use restrictions

You must:

not use HEXAFAIR in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into HEXAFAIR or any operating system;
not infringe our intellectual property rights or those of any third party in relation to your use of HEXAFAIR, including by the submission of any material (to the extent that such use is not licensed by these User Terms);
not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of HEXAFAIR;
not use HEXAFAIR in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
not collect or harvest any information or data from any aspect of HEXAFAIR or our systems or attempt to decipher any transmissions to or from the servers running HEXAFAIR;
not access, search or create accounts for HEXAFAIR by any means other than our publicly supported interfaces (e.g. “scraping” or creating accounts in bulk); and
not use contact or other user information obtained from HEXAFAIR (including email addresses) to contact other Users outside of HEXAFAIR without their express permission or authority, or to create or distribute mailing lists or other collections of contact or user profile information for other Users for use outside of HEXAFAIR.

5. Intellectual property rights

All intellectual property rights in HEXAFAIR throughout the world belong to us (or our licensors) and the rights in HEXAFAIR are licensed (not sold) to you. You have no intellectual property rights in, or to, HEXAFAIR other than the right to use it in accordance with these User Terms.

6. Liability

6.1. We do not exclude or limit in any way our liability to you where it would be unlawful to do so

6.2. We are not liable for business losses

If you use HEXAFAIR for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

6.3. Limitations to HEXAFAIR

HEXAFAIR and any content on it is provided for general information and entertainment purposes only. It does not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from HEXAFAIR. We make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.

6.4. Back-up content and data submitted to HEXAFAIR

Whilst we have taken reasonable security measures to protect your content and data, we recommend that you back up any content and data used in connection with HEXAFAIR.

6.5. We are not responsible for events outside our control

If our provision of HEXAFAIR or support for it is delayed by an event outside our control then we will try to contact you as soon as reasonably possible to let you know and we will take steps to minimise the effect of the delay. Provided we have acted reasonably in letting you know about the delay where it is possible for us to do so, we will not be liable for delays caused by the event.

6.6. We are not responsible for other websites you link to

HEXAFAIR may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any). You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.

6.7. We are not responsible for third party content

There will also be content created by third parties (such as contributions from other Users) displayed on or communicated by HEXAFAIR. We do not control or endorse any such content or make representation or warranty regarding such content, including regarding its accuracy, completeness or its origin. We do not create such content; nor do we monitor or moderate it, and we are not responsible for doing so.

7. When your user agreement comes to an end

7.1. Duration of this User Agreement

This agreement will come to an end:

where you are an Organiser, on the Host’s subscription for your access expiring or terminating, or your access to HEXAFAIR being terminated by us;
where you are a Participant, when the Event ends, when you cancel your HEXAFAIR User account with us, or where we terminate your access to your HEXAFAIR User account.

The content rights given to HEXAFAIR will remain in effect beyond the duration of the user agreement subject to the terms of this agreement.

7.2. When we can end the User Agreement and/or your right to use HEXAFAIR

We can terminate this User Agreement and/or your right to access or use HEXAFAIR at any time, without notice, including where we reasonably consider that:

your use of HEXAFAIR violates these User Terms or applicable law;
you fraudulently use or misuse HEXAFAIR; or
we are unable to continue providing HEXAFAIR to you due to technical or legitimate business reasons.

If we end your rights to use HEXAFAIR:

You must stop all activities authorised by these User Terms, including your use of HEXAFAIR.
You must delete or remove HEXAFAIR from all devices in your possession and immediately destroy all copies of HEXAFAIR which you have and confirm to us that you have done this.
We may take all steps necessary to prevent you from accessing or using HEXAFAIR including suspending your HEXAFAIR User account.

8. Your privacy

For your usage of the HEXAFAIR platform the details with respect to processing personal data can be accessed here in our Privacy Policy.
You should consider the Terms of Service along with the Privacy Policy, which together form a legal agreement between you and HEXAFAIR.

8.1. Security limitations

Please be aware that internet transmissions are never completely private or secure and that any message or information you send on or using HEXAFAIR may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

8.2. We may collect technical data about your device

By using HEXAFAIR, you agree to us collecting and using technical information about the devices you use HEXAFAIR on and related software, hardware and peripherals to improve HEXAFAIR.
Certain aspects of HEXAFAIR, will make use of location data sent from your devices. You can turn off this functionality at any time by turning off the location services settings for HEXAFAIR on the device.

9. Technical requirements

In order to use HEXAFAIR, it is necessary that you have a device / devices that satisfy the usage requirement of HEXAFAIR. In order for certain functionalities and features to work properly, a camera or microphone and a headset or loudspeaker must be on and not used by another application.

You expressly acknowledge and agree that we are not responsible for satisfying the foregoing requirements, and that the quality of messages, information or files sent, posted, streamed, published or otherwise transmitted using HEXAFAIR may differ from the uploaded stream or file, in order to conform and adapt to standards of transferring data, connecting networks, devices or requirements of HEXAFAIR.

10. Indemnification and Limitation of Liability

10.1 You agree to indemnify, defend and hold harmless HexaFair, subsidiaries, and its affiliates including but not limited to its (and its affiliates’) officers, directors, consultants, agents and employees (“Indemnitees”) from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the Indemnitees that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to the Agreement. Further, You agree to hold the Indemnitees harmless against any claims made by any third party due to, or arising out of, or in connection with, the Event Content, Your use of the Platform and/or Services, any misrepresentation with respect to the data or information provided by You, Your violation of applicable laws, or Your violation of any rights of another, including any intellectual property rights.

10.2 In no event shall HexaFair and its officers, partners, consultants, agents and employees, be liable to You or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, arising out of or in connection with Your use of or access to the Platform or Content on the Platform or Event Content or any Services. To the fullest extent provided by applicable law, in no event will the collective liability of HexaFair, its subsidiaries, affiliates, and their licensors, service providers, employees, agents, officers, and directors, to any party (regardless of the form of action, whether in contract, tort, or otherwise) exceed the amount You have paid to HexaFair for use of Services on the Platform in the last 1 (one) month, out of which liability arose. In case You use the Services on the Platform without being required or obligated to pay HexaFair any monetary consideration or fees for availing such Services, the collective liability of HexaFair, its subsidiaries, affiliates, and their licensors, service providers, employees, agents, officers, and directors, to any party (regardless of the form of action, whether in contract, tort, or otherwise), to the fullest extent provided by applicable law, will not exceed USD 10 (Ten United States Dollar).

10.3 The limitations and exclusions in this Clause apply to the maximum extent permitted by applicable laws.

11. Informational Content: HEXAFAIR may make available certain content on the Platform in the form of case studies and blogs, which may include content created by HEXAFAIR (“Informational Content”). Informational Content is made available on the Platform by HEXAFAIR for general informational purposes only. HEXAFAIR does not make any warranties with respect to the accuracy or completeness of Informational Content or the reasonableness of any assumptions or views contained therein or the applicability and usefulness of any solutions which may be provided in such Informational Content and HEXAFAIR shall not be held liable for any loss suffered by You based on Your reliance on or use of such Informational Content.

12. Other important terms

12.1. Updates to HEXAFAIR

From time to time, we may automatically update and change HEXAFAIR to improve performance, enhance functionality, reflect changes to the operating system or address security issues. We will not need your consent to do this and your continued use of HEXAFAIR following the update will be subject to these User Terms

12.2. If someone else owns the phone or device you are using

If you stream HEXAFAIR onto any phone, laptop, desktop or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these User Terms, whether or not you own the phone or other device.

12.3. Changes to these User Terms

We may need to change these User Terms to reflect changes in law or best practice or to deal with additional features which we introduce. We encourage you to check this link periodically to learn more about any change that might have been done to these terms since your last visit. Your continued use of HEXAFAIR will imply that you have read and accepted the updated Terms of Service. If you do not wish to accept the changes you should discontinue the use of HEXAFAIR.

12.4. We may transfer this agreement to someone else

We may transfer our rights and obligations under these User Terms to another organisation.

12.5. You need our consent to transfer your rights to someone else

You may only transfer your rights or your obligations under these User Terms to another person if we agree in writing.

12.6. If a court finds part of this agreement illegal, the rest will continue in force

Each of the paragraphs of these User Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

12.7. Even if we delay in enforcing this agreement, we can still enforce it later

Even if we delay in enforcing this agreement, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these User Terms, or if we delay in taking steps against you in respect of your breaking this agreement, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

12.8. Which laws apply to this contract and where you may bring legal proceedings

These terms are governed by Indian Law and you can bring legal proceedings in respect of the products in the Courts of Chennai, India only.
We may take proceedings against you in any other court of competent jurisdiction, and the taking of proceedings in any one or more jurisdiction will not preclude us from taking proceedings in any other jurisdiction, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.

12.9. Contacting us

Should you have any questions concerning this “Terms of Service”, or if you desire to contact HexaFair for any reason, please contact in writing:
HexaFair,
No 14/21 – A, Desigar Street,
Vadapalani, Chennai,
TamilNadu, India – 600026.
[email protected]