The Entity makes no representation that the Website is appropriate or available in other locations other than where it is operated. The information provided on the Websites is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject the Entity to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Website from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
INTELLECTUAL PROPERTY RIGHTS
The content on the Websites and the trademarks, service marks and logos on the Websites are owned by or licensed to the Entity or its affiliates, and are subject to copyright, trademark and other intellectual property rights under law. Entity content, includes, without limitation, all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics. All Entity graphics, logos, designs, and service names are registered trademarks, common law trademarks or trade dress of the Entity in India. The Entity’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Entity.
Entity content on the Websites is provided to you “as is” for information and their personal use only and may not be used, copied, reproduced, aggregated, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the Entity. Provided that you are eligible to use the Websites, you are granted a limited license to access and use the Websites and the Entity content and to download or print a copy of any portion of the Entity content to which you have properly gained access solely for your personal, non-commercial use. The Entity reserves all rights not expressly granted to you in and to the Websites and its content and marks.
PRODUCT / OFFER / AGENT / VENDOR INFORMATION
All information pertaining to the Agent and the Vendor or the Products or Offers posted on the Website is the sole proprietary of the Agent and the Vendor respectively. The Entity is the host platform which posts information on an “as is” basis and only owns the contents exclusively tailor made for the purpose of hosting the information and such information which are granted limited license to host.
All information available on the Website is for your personal use, preview and consumption only. The Entity reserves the right, with or without notice, to cancel or reduce any product or offer or vendor or agent information as determined by the Entity in its sole discretion.
You agree that all ideas, comments, suggestions or other information that you provide to the Entity regarding the Website or products or offers or any such information provided on the Website shall be the Entity’s property, and may be used by the Entity on a non-confidential and unrestricted basis, without any compensation to you.
Our Website includes links to other websites. As a host platform such links are solely directed towards your interests and usage. The Entity does not have any control or has not reviewed any of the information on these other websites. The inclusion of these links is the business model of the Entity to propagate the Products / Offers / Agents / Vendors by way of endorsement, advertising, products, services, other materials on or available from such websites. However the Entity shall not be responsible for the content of any other websites and make no representation or warranty regarding any other websites or the contents or materials on such websites. If you decide to access other websites, you do so at your own risk. Some of the other information posted by the Entity in promotion of its business or as part of its marketing strategy is solely owned by the Entity and user discretion is used during access / viewing of such information or content on its Website.
If you access the Websites via your mobile phone or tablet device (through an iPhone application, for example), we do not currently charge for this access. Please be aware that if you access the Websites via your mobile phone or provide a mobile phone number to us in order to be contacted by voice or text message, your carrier’s normal rates and fees, such as text messaging fees or data charges, will still apply.
THIRD PARTY CONTENT AND THIRD PARTY SITES
By registering an account on the Website, you represent and warrant that:
• all registration information you submit is truthful and accurate;
• you will maintain the accuracy of such information;
• you will keep your password confidential and will be responsible for all use of your password and account;
• you are not a minor in the jurisdiction in which you reside; and
• your use of the Website does not violate any applicable law or regulation.
Regardless of whether you register an account on the Website, if you provide any information on the Website that is untrue, inaccurate, not current or incomplete, or if the Entity has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Entity has the right to suspend or terminate your account and/or refuse you any and all current or future use of the Website (or any portion thereof).
We reserve the right to remove or reclaim or change a user name you select if we determine in our discretion that it is inappropriate, such as when the user name is obscene or otherwise objectionable or when a trademark owner complains about a username that does not closely relate to a user’s actual name.
Regarding Content You Provide: The Website may invite you to submit Product reviews, chat or participate in blogs, online forums and other interactions with the Website and other users, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to the Entity and/or to or via the Websites, including, without limitation, text, writings, video, audio, photographs, graphics, comments, suggestions or personally identifiable information or other material (collectively “Contributions”). Any Contributions you transmit to the Entity will be treated as non-confidential and non-proprietary. When you create or make available a Contribution, you thereby represent and warrant that:
• the creation, distribution, transmission, public display and performance, accessing, downloading and copying of your Contribution does not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret or moral rights of any third party;
• you are the creator and owner of or have the necessary licenses, rights, consents, releases and permissions to use and to authorise the Entity and users of the Websites to use your Contributions as necessary to exercise the licenses granted by you under this Agreement;
• you have the written consent, release, and/or permission of each and every identifiable individual person in the Contribution to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Contribution in the manner contemplated by our Websites;
• your Contribution is not obscene, lewd, lascivious, filthy, violent, harassing or otherwise objectionable (as determined by the Entity), libelous or slanderous, does not ridicule, mock, disparage, intimidate or abuse anyone, does not advocate the violent overthrow of any government, does not incite, encourage or threaten physical harm against another, does not violate any applicable law, regulation, or rule, and does not violate the privacy or publicity rights of any third party;
• your Contribution does not contain material that solicits personal information from anyone under 18 or exploit people under the age of 18 in a sexual or violent manner, and does not violate any law concerning child pornography or otherwise intended to protect the health or well-being of minors;
• your Contribution does not include any offensive comments that are connected to race, national origin, gender, sexual preference or physical handicap;
• your Contribution does not otherwise violate, or link to material that violates, any provision of this Agreement or any applicable law or regulation; and
• in submitting your Contribution you have not used a false e-mail address, pretended to be someone other than yourself, or otherwise misled the Entity or third parties as to the origin of any Contribution.
By posting Contributions to any part of the Websites, you automatically grant, and you represent and warrant that you have the right to grant, to the Entity an unrestricted, unconditional, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part) and distribute such Contributions (including, without limitation, your name, image and voice) for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works, such Contributions, and to grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
The Entity has the right, in our sole and absolute discretion, to (i) remove, edit, redact or otherwise change any Contributions, (ii) re-categorize any Contributions to place them in more appropriate locations, or (iii) pre-screen or delete any Contributions that are determined to be inappropriate or otherwise in violation of this Agreement.
You may not access or use the Websites for any purpose other than that for which the Entity makes it available. The prohibited activity includes, but is not limited to:
• attempting to bypass any measures of the Websites designed to prevent or restrict access to the Websites, or any portion of the Websites;
• attempting to impersonate another user or person or using the username of another user;
• criminal or tortious activity;
• deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way making up a part of the Websites;
• deleting the copyright or other proprietary rights notice from any Website content;
• except as may be the result of standard search engine or Internet browser usage, using or launching, developing or distributing any automated system, including, without limitation, any spider, robot (or “bot”), cheat utility, scraper or offline reader that accesses the Website, or using or launching any unauthorized script or other software on the Websites;
• harassing, annoying, intimidating or threatening any Entity employees or agents engaged in enabling the desired services by you;
• interfering with, disrupting, or creating an undue burden on the Websites or the networks or services connected to the Websites;
• making any unauthorized use of the Website, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses;
• selling or otherwise transferring your user profile;
• systematic retrieval of data or other content from the Websites to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from the Entity;
• tricking, defrauding or misleading the Entity and/or other users, especially in any attempt to learn sensitive account information such as passwords;
• using any information obtained from the Websites in order to harass, abuse, or harm another person;
• using the Websites or data or other content from the Website as part of any effort to compete with Entity or to provide services; and
• using the Website in a manner inconsistent with any and all applicable laws and regulations.
The Entity reserves the right but does not have the obligation to:
• take appropriate legal action against anyone who, in the Entity’s sole discretion, violates this Agreement, including without limitation, reporting such user to law enforcement authorities;
• in the Entity’s sole discretion and without limitation, refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any user’s Contribution or any portion thereof that may violate this Agreement or any policy of the Entity;
• in the Entity’s sole discretion and without limitation, notice or liability to remove from the Websites or otherwise disable all files and content that are excessive in size or are in any way burdensome to the Entity’s systems; and
• otherwise manage the Websites in a manner designed to protect the rights and property of the Entity and others and to facilitate the proper functioning of the Websites.
RESERVATION OF RIGHTS
If you have any dispute pertaining to the posts or user interface on our Website you may write an email to __ and the Entity will do its best to ensure the same is resolved. However any dispute arising between the user and the Agent / Vendor or any Third Party Host on the Website is not the responsibility or the liability of the Entity. The user shall raise the concern / query to the relevant Agent / Vendor to complain about any deficiencies in services faced by him. The user can also give a rating Website against the relevant agent to the Agent / Vendor / Third Party directly.
CHOICE OF LAW/FORUM SELECTION
This Agreement shall be governed by and construed in accordance with the laws of the State of Karnataka. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in Bangalore, Karnataka.
DISCLAIMER OF WARRANTIES
The Entity is providing the Websites and its Contents on an “as-in” basis and makes no representations or warranties of any kind, express or implied, with respect to the operation of the Websites or the information, content, materials, products or offers, include on the Websites. To the fullest extent permitted by law, the Entity disclaims all such representations and warranties, which are not expressly provided by the Entity. In addition, the Entity does not represent or warrant that the information accessible via the Website is accurate, complete, or current and the Entity holds the sole right of discretion in the information hosted on the Website. Please note that some jurisdictions may not allow the exclusion of implied warranties and conditions, so some of the above exclusions may not apply to you but shall apply to the maximum extent permitted by applicable laws. All offer and information hosted on the Website is subject to change without notice.
DISCLAIMER OF LIABILITY
The Entity is marketing and a promotional platform for the travel and tourism supply chain and will not be liable for any damages of any kind arising out of or in connection with the use of the Websites. The Entity does not guarantee the quality of service levels delivered by the Agents / Vendors and the Entity will not be held liable for any deficiency in their deliverables as well. You will be at the sole discretion to choose any of these Agents / Vendors / Partners. This is a comprehensive limitation of liability that applies to all damages of any kind, including but not limited to direct, indirect, incidental, punitive or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties arising against the Agent / Vendor or any information or posts or offers hosted by the Entity trough their Website.
The Entity is marketing and a promotional platform for the travel and tourism supply chain and does not carry any financial transaction whatsoever for or on behalf of anybody. It does not hold any form of liability against any loss or damage or injury caused to the user either vicariously or tortuously.
You agree to defend, indemnify and hold the Entity, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from and against, any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of your Contributions, your use of the Websites, your breach of this Agreement and/or your breach of your representations and warranties set forth above.
OFFERS / PROMOTIONS
All offers or promotions which are hosted on the Website solely belongs to the respective Agents / Vendors and the Entity disclaims any right over such information / offer / products. Please be very careful and diligent in exercising your options or selections as the same is at your sole risk and liability.