Please read the following terms and conditions carefully
before registering, accessing, browsingor using the site
(“Site”). By accessing or using the Site or by using the
Service, you agree to be bound by these terms and conditions
set forth below including any additional guidelines and future
modifications.
Facility user Agreement
IMPORTANT: This Facility user Agreement IS A LEGAL
AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR, IF PURCHASED
OR OTHERWISE ACQUIRED BY OR FOR AN ENTITY, AN ENTITY) AND G
SEVA SERVICES (Hereinafter referred to as “G SEVA
Kendra”).
READ IT CAREFULLY BEFORE COMPLETING THE LOGIN PROCESS AND
USING THE WEBSITE. IT PROVIDES A LICENSE TO ACCESS AND USE
THE WEBSITE AND CONTAINS WARRANTY INFORMATION AND LIABILITY
DISCLAIMERS. BY SELECTING THE LOGIN NOW BUTTON AND/OR USING
THE WEBSITE, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE
WEBSITE ACCESS AND AGREEING TO BECOME BOUND BY THE TERMS OF
THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THESE
TERMS, THEN DO NOT LOGIN OR USE THE WEBSITE. IN ORDER TO USE
THIS WEBSITE, YOU MUST FIRST READ AND ACCEPT THE TERMS OF
THIS LICENSE.
COPYRIGHT NOTICE
All Rights Reserved by G SEVA Kendra. The Website is a
Trademark / Copyright of G SEVA Kendra.
In order to use Website, you must first read and accept the
terms of this license.
WHEREAS:
The Company is engaged in the business of organizing, tour
operators, daily passenger service operators, travelling
associates for booking and reserving accommodations, seats,
berths, compartments, coupes, complete bogies on railways,
motor ships, motor boats, airplanes, steamships, motor bus and
omnibuses,vehicle booking associates, hotel booking associates
and other related business.
The USER is engaged in the business of organizing, tours
vehicle booking associates, hotel booking associates and other
related business.
The G SEVA Kendra has developed its
official website namely www.gseva.in has the features or
offers (for example, flights, hotels, packages etc.)
The
USER has approached the Company and requested the Company to
provide service to the USER intending to purchase or inquiring
for any products and/ or services of the Company by using
Company's websites or using any other customer interface
channels of Company which includes its sales persons, offices,
call centers, advertisements, information campaigns etc. to
permit them to use of the website.
The Company accepted the offer of User and wishes to
have a business relationship as subject to the following terms
and conditions.
NOW THEREFORE IN CONSIDERATION OF THE PREMISE AND THE MUTUAL
RIGHTS AND OBLIGATIONS HEREIN SET FORTH, THE PARTIES HERETO
AGREE AS FOLLOWS:
1. Definitions
2. Scope Of The Agreement:
3. Term And
Termination:
4. User’s Responsibility Of Congnizance Of
This Agreement:
5. Ownership:
6. Fees Payment:
7. Usage Of Mobile Number Of The User By The Company:
8. Contests And Interactions:
9. Personal And
Non-commercial Use Limitation:
10. Right To Cancellation
By The Company In Case Of Invalid Information From The User:
11. Privacy And Security:
12. Disclaimer Of
Warranty:
13. Limitation Of Liability:
14.
Confidentiality:
15. Insurance:
16. Right To
Refuse:
17. Force Majure:
18. Visa Obligations Of
The User:
19. Indemnification:
20. Headings And
Subheadings:
21. Relationship:
22. Notice:
23. Severability:
24. Updation Of The Information
By The Company:
25. No Waiver:
26. Amendments And
Modifications:
27. Governing Laws And Arbitration:
28. Jurisdiction:
29. Miscellaneous:
Read it carefully before completing the login process
and using the website. It provides a license to access and use
the website and contains warranty information and liability
disclaimers. By selecting the login now button and /or using
the website, you are confirming your acceptance of the website
access and agreeing to become bound by the terms of this
agreement. If you do not agree to be bound by these terms,
then do not login or use the website. In order to use this
website, you must first read and accept the terms of this
license.
1. DEFINITIONS:
Unless the contrary intention appears:
i. a reference to:
ii. an agreement / document / undertaking / deed / instrument
/ indenture / writing includes all amendments made thereto
from time to time as also all schedules, annexure and
appendices thereto;
iii. an “amendment” includes a supplement, modification,
novation, replacement or re-enactment and "amended" is to be
construed accordingly;
iv. "authorization" includes an authorization, consent,
clearance, approval, permission, resolution, license,
exemption, filing and registration;
v. “Encumbrance” includes a mortgage, charge, lien, pledge,
hypothecation, security interest or any lien or any right of
any description whatsoever;
vi. “person” includes an individual, statutory corporation,
body corporate, partnership, joint venture, association of
persons, Hindu Undivided Family (HUF), societies (including
co-operative societies), trust, unincorporated organization,
government (central, state or otherwise), sovereign state, or
any agency, department, authority or political subdivision
thereof, international organization, agency or authority (in
each case, whether or not having separate legal personality)
and shall include their respective successors and assigns and
in case of an individual shall include his legal
representatives, administrators, executors and heirs and in
case of a trust shall include the trustee or the trustees for
the time being;
vii. “law” includes any constitution, statute, law, rule,
regulation, ordinance, judgement, order, decree,
authorisation, or any published directive, guideline,
requirement or governmental restriction having the force of
law, or any determination by, or interpretation of any of the
foregoing by, any judicial authority, whether in effect as of
the date of the Facility User Agreement or thereafter and each
as amended from time to time;
viii. The words “include” or “including” shall be construed
without limitation;
ix. ) a gender shall include references to the female, male
and neuter genders;
x. a "month" is a reference to a period starting on one day in
a calendar month and ending on the date immediately before the
numerically corresponding day in the next calendar month,
except that if there is no numerically corresponding day in
the month in which that period ends, that period shall end on
the last day in that calendar month;
xi. The singular includes the plural (and vice versa);
xii. "Content" means the text, documents, information, data,
articles, images, photographs, graphics, software,
applications, video recordings, audio recordings, sounds,
designs, features, and other materials that are available on
the Site.
xiii. "Content" also includes Marks and Products and Services.
xiv. "Mark" means trademark, trade name, service mark, trade
dress, logo, custom graphics, or icon.
xv. "Member" means an individual who has registered with the
Site. Members choose a Member ID and a password.
xvi. "Member ID" means the e-mail address you use (with your
password) to login to the Site.
xvii. "G SEVA Kendra" or "we" and its subsidiaries and
affiliates.
xviii. "Products and Services" means Pancard,Money
Transfer,Bus Tickets,Flight Tickets,Hotel
Booking,Recharges,Post Paid Bills,DTH Recharges,Electricity
Bills,Fast Tag Recharge,Gas Booking,Broadband ,Land Line
Bills,AEPS,Insurance Premium Payment ,Cable TV
Payments,Cylinder Booking,Piped Gas Payments,Water
Bills,Edecation Fees,Loan Repayments,Municipal Tax
Payments,Printers and PVC card printers.attractions, travel
insurance, care alerts, fare alerts and other items available
through the Site.
xix. "Provider" means G SEVA Kendra 's licensors, suppliers,
information providers, and travel and leisure service
providers.
xx. "Purchase" means to book, reserve, or purchase. The terms
"Site", "Marks", "Content" and "Products and Services" do not
include the sites, marks, content, products or services that
are provided by third parties, and that are available through
a link from the Site. Their use is subject to the terms set
forth by their respective owners or operations, on the third
party's website.
xxi. "website" means the www.gseva.in website, and their
respective subsites, together with the respective Content,
Marks, Products and Services available from these sites and
subsites.
xxii. “Confidential Information” means any and all information
in whatever form whether disclosed orally or in writing or
whether eye readable, machine readable or in any other form
including, without limitation, the form, materials and design
of any relevant equipment or any part thereof, the methods of
operation and the various applications thereof, processes,
formulae, plans, strategies, data, know¬how, designs,
photographs, drawings, specifications, technical literature
and any other material made available by one Party to the
other Party or gained by the visit by one Party to any
establishment of the other Party whether before or after this
Agreement is entered into, for the purpose of considering,
advising in relation to or furthering the negotiations (and
any information derived from such information).
2. SCOPE OF THE AGREEMENT:
• The Company agrees to permit the User to register its
details in the Company’s website. The user shall choose a
password and shall maintain the confidentiality of the
password and account. The user is fully responsible for all
activities that occur while using their password or account.
It is the duty of the user to notify the Company immediately
of any unauthorized use of their password or account or any
other breach of security. The Company will not be liable for
any loss that may be incurred by the user as a result of
unauthorized use of their password or account, either with or
without their knowledge.
• The Company reserves the right, in its sole discretion, to
terminate the access to any or all Company’s websites or its
other sales channels and the related services or any portion
thereof at any time, without notice, for general maintenance
or any reason what so ever.
• In addition to this Agreement, there are certain terms of
service (TOS) specific to the services rendered/ products
provided by the Company like the air tickets, MICE, bus, rail,
holiday packages etc. Such TOS will be provided/ updated by
the Company which shall be deemed to be a part of this
Agreement and in the event of a conflict between such TOS and
this Agreement, the terms of this Agreement shall prevail.
• Additionally, the Company itself may provide terms and
guidelines that govern particular features, offers or the
operating rules and policies applicable to each Service (for
example, flights, hotel reservations, packages, etc.). The
User shall be responsible for ensuring compliance with the
terms and guidelines or operating rules and policies of the
Service Provider with whom the User elects to deal, including
terms and conditions set forth in a Service Providers' fare
rules, contract of carriage or other rules.
• The Company’s Services are offered to the User conditioned
on acceptance without modification of all the terms,
conditions and notices contained in this Agreement and the
TOS, as may be applicable from time to time. For the removal
of doubts, it is clarified that availing of the Services by
the User constitutes an acknowledgement and acceptance by the
User of this Agreement and the TOS. If the User does not agree
with any part of such terms, conditions and notices, the User
must not avail the Company’s Services.
• The USER agrees that they shall not distribute exchange,
modify, sell or transmit anything from the Company’s website,
including but not limited to any text, images, audio and
video, for any business, commercial or public purpose.
• It is agreed between the parties that, as long as the USER
comply with the terms of Use, the Company agrees provide a
non–exclusive, non–transferable, limited right to enter, view
and use its website to the USER. The USER agrees not to
interrupt or attempt to interrupt the operation of this
website in any manner.
• Access to certain areas of the Company’s website may only be
available to registered members. To become a registered
member, the USER shall answer certain questions. Answers to
such questions may be mandatory and/or optional. The USER
represents and warrants that all information’s are true and
accurate.
• The products and services displayed on the website may not
be available for purchase in particular country or locality of
the USER. The reference to such products and services on the
website does not imply or warrant that these products or
services shall be available at any time in particular
geographical location. The User shall check with local
Company’s authorized representative for the availability of
specific products and services in the USER area.
3.TERM AND TERMINATION
• This Agreement shall take effect and become binding upon the
Parties immediately after the party has signed in into the
website.
• Notwithstanding anything contained in this Agreement, and
without prejudice to its other rights in law or equity and
without any liability and judicial intervention, this
Agreement may be terminated by the Party not in default (the
“Non-Defaulting Party”) by giving a thirty (30) days’ written
notice to the Party in default (the “Defaulting Party”) if any
of the following events (hereinafter referred to as an “Event
of Default”) occurs: a. Either Party commits a breach of this
Agreement and such breach, if capable of remedy, is not
remedied by the Defaulting Party within the aforesaid thirty
(30) days’ notice period; b. Any change in control of either
Party. For the purpose of this sub-clause, the Party in
respect of which a change in control occurs will be deemed to
be the Defaulting Party; or c. If either Party goes into
liquidation (other than a voluntary liquidation for the
purposes of reconstruction and where all the rights and
obligations are validly assigned), administration or
receivership or ceases to carry on its business or is
otherwise insolvent or unable to pay its debts on time..
• This Agreement may be terminated by the mutual written
consent of the Parties.
• Upon termination of this Agreement for whatever reason, all
the rights and obligations of the Parties hereunder shall
cease.
4.USER’S RESPONSIBILITY OF CONGNIZANCE OF THIS AGREEMENT:
• The USER shall download copy/copies of the Content to be
used only by USER for your personal use unless the sub–site
you are accessing states that USER may not. By download any
Content from website, the USER shall not remove any copyright
or trademark notices or other notices that go with it.
• The Company agrees to make every effort to ensure that the
description and content on each page of the website is
correct, it does not, however, take responsibility for changes
that occur due to human, data entry errors or for any loss or
damages suffered by any user due to any information contained
herein. Also, the Company does not own or operate airlines and
other suppliers and cannot therefore control or prevent
changes in the published descriptions. The Company reserves
the right to make such changes and in the event of USER
placing an order with the Company or choosing to avail the
services, the same will be communicated to USER before the
confirmation invoice is made.
• The USER should not take any action based on information on
the website until received a confirmation of the transaction.
The Company shall send confirmations within 24 hours of
Purchase. If you have not received a confirmation of the
purchase via e-mail, (check in "spam" or "junk" folder to
verify that it has not been misdirected), and if still not
found, USER shall contact customer service department of the
Company.
• The Company agrees to take all measures to exclude viruses
from the website, but cannot ensure that the website will be
at all times free from viruses or other destructive software.
The USER shall take appropriate safeguards before downloading
information from the website. The Company shall not hold any
responsibility for any damages to computer equipment or other
property that may result from use of the Site or downloading
anything from the website.
• It is agreed between the parties that, although most travel,
including travel to international destinations is completed
without incident; travel to certain destinations may involve
greater risks than others. The USER shall review and evaluate
travel prohibitions, warning, announcements, and advisories
issued by the government and the aviation administration
before booking travel to international destinations. By
offering for sale travel to particular international
destinations, the Company does not represent or warrant that
travel to such point is advisable or without risk. The Company
does not accept liability for damages, losses, or delays that
may result from improper documents for entry, exit, length of
stay, or from travel to such destinations.
• The Company’s websites may contain links to other websites.
The linked sites are not under the control of the Company and
hence, the Company is not responsible for the content of any
linked site, or any changes and updates to a linked site. The
Company is providing these links to the USER only as a
convenience, and the inclusion of any link does not entail
endorsement by the Company of the site or any association with
its operators or owners.
• The Company shall allow links from a third party site to the
home page of the website, through a plain text link, provided
that USER shall:
• Give prior written notice to the Company.
• Discontinue providing a link to our Site if so requested by
the Company.
• Not imply in any fashion that Company is endorsing any of
products or service or is affiliated with the USER.
• Not to present the Company in a false light, or provide
misleading or false information about the Company, or its
website or Services.
• Not remove or obscure the copyright notices, or other
notices on the website.
• Not use any Mark of the Company; and
• Not replicate, frame or mirror the content of the website.
• The Company reserves the right to compel the USER to remove
links to the website, in its sole discretion. Linking to any
page of the website other than to the homepage is strictly
prohibited in the absence of a separate linking agreement with
the Company.
• The Company acts only as a booking agent, it accepts no
liability whatsoever for any part of the arrangements between
the supplier and the customer with regard to the standard of
service. In no circumstances the Company shall be liable for
the services provided by the supplier/third party.
• If the website contains bulletin boards, chat rooms, access
to mailing lists or other message or communication facilities,
the USER agrees to use the same only to send and receive
messages and materials that are proper and related thereto.
The USER agrees that when using the website or any facility
available there from, shall not do any of the following:
• Defame, abuse, harass, stalk, threaten or otherwise violate
the legal rights (such as rights of privacy and publicity) of
others.
• Publish, post, distribute or disseminate any defamatory,
infringing, obscene, indecent or unlawful material or
information.
• Upload or attach files that contain software or other
material protected by intellectual property laws (or by rights
of privacy and publicity) unless the User owns or controls the
rights thereto or has received all consents therefor as may be
required by law
• Upload or attach files that contain viruses, corrupted files
or any other similar software or programs that may damag
e the operation of another’s computer.
• Delete any author attributions, legal notices or proprietary
designations or labels in any file that is uploaded.
• Falsify the origin or source of software or other material
contained in a file that is uploaded.
• Advertise or offer to sell any goods or services, or conduct
or forward surveys, contests or chain letters, or download any
file posted by another user of a Forum that the User knows, or
reasonably should know, cannot be legally distributed in such
manner.
• The USER agrees that, they shall not post or transmit any
defamatory, libelous, obscene, pornographic, profane,
threatening or unlawful material or any material that could
constitute or encourage conduct that would be considered a
criminal offense or give rise to civil liability, or otherwise
violate any law. The Company assumes no liability or
responsibility arising from the contents of any communications
containing any defamatory, erroneous, inaccurate, libelous,
obscene or profane material. The Company may change, edit, or
remove any user material or conversations that are illegal,
indecent, obscene or offensive, or that violates the Company’s
policies in any manner way.
• The Company agrees to fully cooperate with any law
enforcement authorities or court order requesting or directing
the Company to disclose the identity of anyone posting such
materials.
• Any communications or materials send by the USER to the
website by electronic mail or otherwise, including any
comments, data, questions, suggestions or the like, all such
communications are, and will be treated by the Company, as
non–confidential. The USER hereby give up any and all claim
that any use of such material violates any of rights including
moral rights, privacy rights, proprietary or other property
rights, publicity rights, rights to credit for material or
ideas, or any other right, including the right to approve the
way the Company uses such material. Further, any material
submitted to this Site may be adapted, broadcast, changed,
copied, disclosed, licensed, performed, posted, published,
sold, transmitted or used by the Company.
5.OWNERSHIP:
• It is agreed between the parties that, all materials on
website, including but not limited to audio, images, software,
text, icons and such like (the “Content”), are protected by
copyright under international conventions and copyright laws.
The USER shall not use the Content, except as specified
therein. The USER agrees to follow all instructions on website
limiting the way USER may use the Content. The website is the
sole and exclusive property of the Company or its licensors.
The Company and its licensors retain all right, title and
interest (including all copyright, trademark, patent, trade
secrets, and all other intellectual property rights) in the
website. The website is protected by copyright, trademark,
patent, trade secrets, unfair competition, and other laws of
worldwide, through the application of local laws or
international treaties. Any unauthorized use, reproduction or
modification of the website may violate such laws.
• There are a number of proprietary logos, service marks and
trademarks found on website whether owned/used by the Company
or otherwise. By displaying them on the website, the Company
is not granting the USER any license to utilize those
proprietary logos, service marks, or trademarks. Any
unauthorized use of the Content may violate copyright laws,
trademark laws, the laws of privacy and publicity, and civil
and criminal statutes.
6.FEES PAYMENT:
• The Company reserves the right to charge listing fees for
certain listings, as well as transaction fees based on certain
completed transactions using the services. The Company further
reserves the right to alter any and all fees from time to
time, without notice. The User shall be completely responsible
for all charges, fees, duties, taxes, and assessments arising
out of the use of the services.
• In case, there is a short charging by the Company for
listing, services or transaction fee or any other fee or
service because of any technical or other reason, it reserves
the right to deduct/charge/claim the balance subsequent to the
transaction at its own discretion.e
• In the rare possibilities of the reservation not getting
confirmed for any reason whatsoever, the Company shall process
the refund and intimate the USER of the same. The Company is
not under any obligation to make another booking in lieu of or
to compensate/ replace the unconfirmed one. All subsequent
further bookings will be treated as new transactions with no
reference to the earlier unconfirmed reservation.
7.USAGE OF MOBILE NUMBER OF THE USER BY THE COMPANY: The
Company agrees to send booking confirmation & itinerary
information & update the USER on the booking status and any
further itinerary information via SMS (short messaging
service) on the mobile number given by the USER at the time of
booking. The USER hereby unconditionally consents such
intimation via SMS by the Company in accordance with the 'Do
not disturb' guidelines of Telecom Regulatory Authority of
India (TRAI) or such other authority in India and abroad.
8.CONTESTS AND INTERACTIONS:
The website shall contain contests which require USER to send
in material or information about the USER or offer prizes.
Each contest has its own rules, which USER shall read and
agree to before participation
9.PERSONAL AND NON-COMMERCIAL USE LIMITATION:
Unless otherwise specified, the Company services are for the
User's personal and non - commercial use. The User may not
modify copy, distribute, transmit, display, perform,
reproduce, publish, license, create derivative works from,
transfer, or sell any information, software, products or
services obtained from the Company’s website(s) without the
express written approval from the Company.
10.RIGHT TO CANCELLATION BY THE COMPANY IN CASE OF INVALID
INFORMATION FROM THE USER:
• The USER expressly undertakes to provide to the Company only
correct and valid information while requesting for any
services under this agreement, and not to make any
misrepresentation of facts at all. Any default on part of the
User would vitiate this agreement and shall disentitle the
User from availing the services from the Company.
• In case if the Company discovers or has reasons to believe
at any time during or after receiving a request for services
from the USER that the request for services is either
unauthorized or the information provided by the USER or any of
them is not correct or that any fact has been misrepresented
by them, the Company in its sole discretion shall have the
unrestricted right to take any steps against the User(s),
including cancellation of the bookings, etc. without any prior
intimation to the User. In such an event, the Company shall
not be responsible or liable for any loss or damage that may
be caused to the USER or any of them as a consequence of such
cancellation of booking or services.
• The User unequivocally indemnifies the Company of any such
claim or liability and shall not hold the Company responsible
for any loss or damage arising out of measures taken by
Company for safeguarding its own interest and that of its
genuine customers. This would also include Company
denying/cancelling any bookings on account of suspected fraud
transactions.
11.PRIVACY AND SECURITY:
The user hereby consents, expresses and agrees that they have
read and fully understands the Privacy Policy of the Company
contained in the Company websites and hereby consents that the
terms and contents of such Privacy Policy are acceptable to
them.
12.DISCLAIMER OF WARRANTY:
• The Company and its Providers make no warranty of any kind
regarding the website, Content, Products or Services, all of
which are provided on an "as is" basis. The Company and its
Providers expressly disclaim any representation or warranty
that the website will be free from errors, viruses or other
harmful components, that communications to or from the website
will be secure and not intercepted, that the Services and
other capabilities offered from the website will be
uninterrupted, or that its Content will be accurate, complete
or timely. The fact that the Company is including or offering
any Product or Service on the website is not an endorsement or
a recommendation of the Product or Service.
• Other than those warranties which, under the laws applicable
to these terms, are implied by laws, and are incapable of
exclusion, restriction or modification, the Company and its
providers expressly disclaim all warranties and conditions,
including implied warranties and conditions of
merchantability, fitness for a particular purpose, title,
non-infringement, and those arising by statute or otherwise in
law or from a course of dealing or usage of trade.
13.LIMITATION OF LIABILITY:
• Subject to applicable law, use of the website and its
Content is at your sole risk. Services and Products made
available on this Site are subject to conditions imposed by
the Providers, including but not limited to tariffs,
conditions of carriage, international conventions and
arrangements, and federal government regulations. Providers
who furnish products or services through this Site are
independent contractors, and not associates or employees of
the Company.
• In no event the Company or its providers be liable to any
party for any direct, indirect, special or other consequential
damages for any use of this site, any hyper linked web site,
the acts or omissions of providers who furnish products or
services through this site, or the products or services
offered by providers through this site, including, without
limitation, whether based in contract, tort, negligence,
strict liability or otherwise, that arises out of or is in any
way connected with(i) any use of, browsing or downloading of
any part of our site or content, (ii) any failure or delay
(including without limitation the use of or inability to use
any component of this site for reservations or ticketing), or
(iii) the performance or non performance by us or any
provider, or (iv) any damages or injury caused by any failure
of performance, error, omission, interruption, deletion,
defect, delay in operation or transmission, computer virus,
communication line failure, theft or destruction or
unauthorized access to, alteration of, or use of record, even
if the Company and the provider(s) have been advised of the
possibility of damages to such parties or any other party.
14.CONFIDENTIALITY:
• Each of the Parties recognizes, accepts and agrees that all
information obtained or disclosed, including but not limited
to all data, documents, applications, papers, statements,
slips, programmes, plans and/or any business/ customer
information, marketing strategies/plans and any and all other
trade secrets, confidential knowledge or information of either
Party relating to its business, practices and procedures
(hereinafter collectively referred to as “Information”) which
may be provided or communicated by such Party to the other
Party in connection with this Agreement and/or in the course
of performance under this Agreement, is, shall be and shall
remain the sole property of the Party providing such
Information and shall be of a strictly private and
confidential nature and shall be treated as confidential by
the other Party.
• During the term of this Agreement and thereafter, neither
Party shall not make use of any such Information for any
purpose whatsoever which is not necessary for the discharge of
its obligations under this Agreement, or to the disadvantage
of the Party providing such Information, nor shall the Party
receiving such Information divulge it to any one other than
the Party providing the Information or persons designated by
such Party.
• All Information shall be returned forthwith by the Party
receiving such Information to the Party providing the
Information on the expiry or termination of this Agreement:
• Provided that the Party receiving such Information shall,
upon demand by the Party providing it at any time during the
term of this Agreement, return to the Party providing it, any
and all Information.
• The obligations of each of the Parties contained in this
clause shall continue for the term of this Agreement and five
(5) years after the termination of this Agreement but shall
not apply to any Information which: (a) is or hereafter comes
into the public domain otherwise than through a breach by any
Party of its obligations under this Agreement; (b) is, at the
time of disclosure, already known to the Party receiving the
Information as evidenced by such Party’s written
documentation; (c) is independently developed by employees of
the Party receiving the Information who have not had access to
or received any such Information under this Agreement; or (d)
is required to be disclosed for the purpose of providing
Assistance hereunder subject to the other Party’s prior
consent to the same: Provided, however, that nothing contained
in this clause shall prevent any Party from disclosing such
Information to the extent required in or in connection with
legal proceedings arising out of this Agreement or any matter
relating to or in connection therewith.
• Neither Party shall issue any public statement concerning
these arrangements or disclose the contents hereof or matters
related thereto to the public or any third party except with
the express prior written approval of the other Party or
except as required under applicable law.
• The provisions of this clause shall survive the termination
or expiry of this Agreement.
15.INSURANCE:
Unless explicitly provided by the Company in any specific
service or deliverable, obtaining sufficient insurance
coverage is the obligation/option of the user and the Company
doesn't accept any claims arising out of such scenarios.
Insurance, if any provided as a part of the service/ product
by the Company shall be as per the terms and conditions of the
insuring company. The User shall contact the insurance company
directly for any claims or disputes and the Company shall not
provide any express or implied undertakings for acceptance of
the claims by the insurance company.
16.RIGHT TO REFUSE:
• The Company at its sole discretion reserves the right to not
to accept any customer order without assigning any reason
thereof. Any contract to provide any service by the Company is
not complete until full money towards the service is received
from the customer and accepted by Company.
• Without prejudice to the other remedies available to the
Company under this agreement, the TOS or under applicable law,
the Company may limit the user's activity, or end the user's
listing, warn other users of the user's actions, immediately
temporarily/indefinitely suspend or terminate the user's
registration, and/or refuse to provide the user with access to
the website if:
0. The user is in breach of this
agreement, the TOS and/or the documents it incorporates by
reference;
1. The Company is unable to verify or
authenticate any information provided by the user; or
2.
The Company believes that the user's actions may infringe on
any third party rights or breach any applicable law or
otherwise result in any liability for the user, other users of
the website and/or the Company.
• The Company may at any time in its sole discretion reinstate
suspended users. Once the user have been indefinitely
suspended the user shall not register or attempt to register
with the Company or use the website in any manner whatsoever
until such time that the user is reinstated by the Company.
• Not with standing the foregoing, if the USER breaches this
agreement, the TOS or the documents it incorporates by
reference, the Company reserves the right to recover any
amounts due and owing by the user to the Company and/or the
service provider and to take strict legal action as the
Company deems necessary.
17.FORCE MAJURE:
• The USER agrees that there can be exceptional circumstances
where the service operators like the airlines, hotels, the
respective transportation providers or concerns may be unable
to honor the confirmed bookings due to various reasons like
climatic conditions, labor unrest, insolvency, business
exigencies, government decisions, operational and technical
issues, route and flight cancellations etc. If the Company is
informed in advance of such situations where dishonor of
bookings may happen, it will make its best efforts to provide
similar alternative to its customers or refund the booking
amount after reasonable service charges, if supported and
refunded by that respective service operators. The user agrees
that the Company being an agent for facilitating the booking
services shall not be responsible for any such circumstances
and the customers have to contact that service provider
directly for any further resolutions and refunds.
• The User agrees that in situations due to any technical or
other failure In the Company, services committed earlier may
not be provided or may involve substantial modification. In
such cases, the Company shall refund the entire amount
received from the customer for availing such services minus
the applicable cancellation, refund or other charges, which
shall completely discharge any and all liabilities of the
Company against such non-provision of services or
deficiencies. Additional liabilities, if any, shall be borne
by the User.
• The Company shall not be liable for delays or inabilities in
performance or nonperformance in whole or in part of its
obligations due to any causes that are not due to its acts or
omissions and are beyond its reasonable control, such as acts
of God, fire, strikes, embargo, acts of government, acts of
terrorism or other similar causes, problems at airlines,
rails, buses, hotels or transporters end. In such event, the
user affected will be promptly given notice as the situation
permits.
• Without prejudice to whatever is stated above, the maximum
liability on part of the Company arising under any
circumstances, in respect of any services offered on the site,
shall be limited to the refund of total amount received from
the customer for availing the services less any cancellation,
refund or others charges, as may be applicable. In no case the
liability shall include any loss, damage or additional expense
whatsoever beyond the amount charged by the Company for its
services.
• In no event shall the Company and/or its suppliers be liable
for any direct, indirect, punitive, incidental, special,
consequential damages or any damages whatsoever including,
without limitation, damages for loss of use, data or profits,
arising out of or in any way connected with the use or
performance of the Company website(s) or any other channel .
Neither shall Company be responsible for the delay or
inability to use the Company websites or related services, the
provision of or failure to provide services, or for any
information, software, products, services and related graphics
obtained through the Company website(s), or otherwise arising
out of the use of the Company website(s), whether based on
contract, tort, negligence, strict liability or otherwise.
• The Company is not responsible for any errors, omissions or
representations on any of its pages or on any links or on any
of the linked website pages.
18.VISA OBLIGATIONS OF THE USER:
The travel bookings done by the Company are subject to the
applicable requirements of Visa which are to be obtained by
the individual traveler. The Company is not responsible for
any issues, including inability to travel, arising out of such
Visa requirements and is also not liable to refund for the
untraveled bookings due to any such reason.
19.INDEMNIFICATION:
The USER agrees to indemnify, defend and hold harmless the
Company and/or its affiliates, their websites and their
respective lawful successors and assigns from and against any
and all losses, liabilities, claims, damages, costs and
expenses (including reasonable legal fees and disbursements in
connection therewith and interest chargeable thereon) asserted
against or incurred by the Company and/or its affiliates,
partner websites and their respective lawful successors and
assigns 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 the User pursuant to this
agreement. The user shall be solely and exclusively liable for
any breach of any country specific rules and regulations or
general code of conduct and Company cannot be held responsible
for the same.
20.HEADINGS AND SUBHEADINGS:
The headings and subheadings herein are included for
convenience and identification only and are not intended to
describe, interpret, define or limit the scope, extent or
intent of this agreement, terms and conditions, notices, or
the right to use this website by the User contained herein or
any other section or pages of the Company websites or its
partner websites or any provision hereof in any manner
whatsoever. In the event that any of the terms, conditions,
and notices contained herein conflict with the Additional
Terms or other terms and guidelines contained within any
particular the Company website, then these terms shall
control.
21.RELATIONSHIP:
None of the provisions of any agreement, terms and conditions,
notices, or the right to use the website by the User contained
herein or any other section or pages of the Company websites
or its partner websites, shall be deemed to constitute a
partnership between the User and the Company and no party
shall have any authority to bind or shall be deemed to be the
agent of the other in any way
22.NOTICE:
All notices required or permitted hereunder shall be in
writing and in the English language and shall be sent by
internationally recognized courier or by facsimile
transmission (with confirming facsimile receipt) addressed to
the address of each Party set forth below, or to such other
address as such other Party shall have communicated to the
other Party in writing. Notice shall be deemed to have been
served when received (and in case of a facsimile transmission,
provided that a confirming copy is sent to the other Party, in
accordance with the non-facsimile notice delivery
requirements). If to :
1st Floor ,TNT Building,Near New
Karaga Temple,
Beside Airtel OfficeDoddaballapur ,
Bengaluru Karnataka-561203
23.SEVERABILITY:
If any provision of this agreement is determined to be invalid
or unenforceable in whole or in part, such invalidity or
unenforceability shall attach only to such provision or part
of such provision and the remaining part of such provision and
all other provisions of this Agreement shall continue to be in
full force and effect.
24.UPDATION OF THE INFORMATION BY THE COMPANY:
The User acknowledges that the Company provides services with
reasonable diligence and care. It endeavors its best to ensure
that User does not face any inconvenience. However, at some
times, the information, software, products, and services
included in or available through the Company websites or other
sales channels and ad materials may include inaccuracies or
typographical errors which will be immediately corrected as
soon as the Company notices them. Changes are/may be
periodically made/added to the information provided such. The
Company may make improvements and/or changes in the Company
websites at any time without any notice to the User. Any
advice received except through an authorized representative of
the Company via the Company websites should not be relied upon
for any decisions.
25.NO WAIVER:
Save where this Agreement expressly provides, neither Party
shall be deemed to have waived any right, power, privilege or
remedy under this Agreement unless such Party shall have
delivered to the other Party a written waiver signed by an
authorised officer of such waiving Party. No failure or delay
on the part of either Party in exercising any right, power,
privilege or remedy hereunder shall operate as a waiver,
default or acquiescence thereof, nor shall any waiver on the
part of either Party of any right, power, privilege or remedy
hereunder operate as a waiver of any other right, power,
privilege or remedy, nor shall any single or partial exercise
of any right, power, privilege or remedy hereunder preclude
any other or further exercise thereof or the exercise of any
other right, power, privilege or remedy hereunder.
26.AMENDMENTS AND MODIFICATIONS:
The Company reserves the right to change the terms,
conditions, and notices under which the Company websites are
offered, including but not limited to the charges. The User is
responsible for regularly reviewing these terms and
conditions.
27.GOVERNING LAWS AND ARBITRATION:
Any dispute, difference, controversy or claim (“Dispute”)
arising between the Parties out of or in relation to or in
connection with this Agreement, of the breach, termination,
effect, validity, interpretation or application of this
Agreement or as to their rights, duties or liabilities
thereunder, or as to any act, matter or thing arising out of,
consequent to or in connection with this Agreement, shall be
settled by the Parties by mutual negotiations and agreement.
If, for any reason, such Dispute cannot be resolved amicably
by the Parties, the same shall then be referred to and settled
by way of arbitration proceedings in accordance with the
Arbitration and Conciliation Act, 1996 or any subsequent
enactment or amendment thereto (the “Arbitration Act”). A sole
Arbitrator shall be appointed by the Company. The decision of
the Arbitrator shall be final and binding upon the Parties.
The venue of arbitration proceedings shall be Chennai. The
language of the arbitration and the award shall be English.
This Agreement shall be construed in accordance with the law
of India.
28.JURISDICTION:
The Company hereby expressly disclaims any implied warranties
imputed by the laws of any jurisdiction or country other than
those where it is operating its offices. The Company considers
itself and intends to be subject to the jurisdiction only of
the courts of Doddaballapur,Bengaluru Rural,Karntaka, India.
29.MISCELLANEOUS:
• This Agreement represent the entire Agreement between the
Parties as to the subject matter hereof and supersede all
prior understandings between the Parties on the subject-matter
hereof.
• No amendments and/or modifications to this Agreement shall
be valid unless executed in writing and signed by authorized
persons of the both Parties.
• Termination of this Agreement for any cause whatsoever shall
not release a Party from any liability which, at the time of
termination, has already accrued to the other Party or which
may thereafter accrue in respect of any act or omission prior
to such termination.
• Article headings are inserted for convenience of reference
only and shall not be deemed to affect the interpretation of
this Agreement or of any clause.
• Each Party shall co-operate with the other and execute and
deliver to the other such instruments and documents and take
such other actions as may be reasonably requested from time to
time in order to carry out, give effect to and confirm their
rights and the intended purpose of this Agreement.
• No remedy conferred by any of the provisions of this
Agreement is intended to be exclusive of any other remedy
which is otherwise available at law, in equity, by statute or
otherwise, or any other remedy given hereunder or now or
hereafter existing at law, in equity, by statute, or
otherwise, except as stated to the contrary in this Agreement.
The election of any one or more of such remedies by any of the
Parties hereto shall not constitute a waiver by such Party of
the right to pursue any other available remedy.
• The provisions of the following clauses of this Agreement
shall survive the termination or expiry hereof:
