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1. Right to Review and Amend etc.
Travelmartindia has the right to review these terms
and conditions and modify and/or change and update the
same. Notice of such changes/modifications will be given
pursuant to Clause 16
2. Duration
These terms and conditions, as amended from time to
time, will apply for the duration that you use the website.
3. Member Information
On registration with Travelmartindia, you shall bind
yourself to provide true and accurate and complete information
in both optional and mandatory categories as required
in the registration form or elsewhere.
Travelmartindia has the right to disallow you to transact
on site if and when it has reason to believe that the
information provided by you is incorrect, inaccurate
or incomplete.
We respect the need for securing the information you
provide and all such information is protected and used
by us as per our Privacy Policy . This privacy policy
binds only Travelmartindia, its affiliates, employees
and any third parties that Travelmartindia deals with
to provide any or all of the services rendered. Therefore
you are advised to review and satisfy yourself as to
the privacy policy of any associates where your personal
information is requested.
4. User Account, Password, Security
You will be required to choose a username and a password
to enable use of your account. Keeping the username
and password confidential and secure from misuse is
entirely your responsibility.
Any transaction (as defined above) or use or activity
from your account, giving rise to any liability, monetary
or legal or otherwise, are your responsibility. Where
you have reasons to suspect that there may have been
unauthorized use of your account or any breach of security
you must immediately inform Travelmartindia. Travelmartindia
will not be responsible, under any circumstances whatsoever,
for any losses that are incurred due to any misuse of
your account by another, with or without your consent
or knowledge or by yourself.
You must ensure that you exit your account when you
end your visit to Travelmartindia.
Also if any losses are incurred by Travelmartindia or
any other person due to misuse of your account by another
it will be your responsibility and at your cost.
5. Legal Capacity
To transact you must have the legal capacity to enter
into this agreement (i.e. You are above 18 years of
age and are of sound mind ). Travelmartindia does provide
services that may well be availed by children/minors.
If you allow children to use your account it will be
your responsibility to monitor their use and liability
will be yours in the event that there is breach of this
T&C.
6. Proprietory Rights of Travelmartindia and Restrictions
on Use
Subject matter - Information, not in the public domain;
software made available to use and/ or download; any
name, symbol, device, phrase, sound, colour used as
a distinguishing Mark to identify goods and/or services;
any photograph, design, video clips, writings, illustrations,
music, sound, found on the website.
The portal and its logo are registered trademarks.
Your use of the subject matter is restricted. You may
not copy, reproduce, distribute, republish, down load,
display or post (electronically or otherwise), transmit,
record, reproduce without the prior written consent
of the owner.
7. Restricted Use of Site
You are being given a limited license to use the site.
It is a license to make personal use of it. You may
not modify the site or any part thereof. The site or
its contents may not be used for commercial purposes.
The site or any portion thereof may not be reproduced/copied
or otherwise exploited for the commercial purpose.
However you have the restricted right to download and
print subject matter from this website for the limited
purpose of using this website for a transaction/placing
an order or other non-commercial and personal use.
Any breach of this term shall give Travelmartindia the
right to terminate this limited, non-exclusive license.
8. Manner of Use
You may not use this site to transmit in anyway or post
or upload any material or content.
. that may be obscene, illegal, defamatory, abusive,
vulgar or otherwise objectionable or
. that may bring disrepute to the site and harm its
business and or credibility and goodwill.
. that infringes a third party's intellectual property
rights or contractual rights.
. that may hinder the services on the site in anyway.
9. Links
There are links to other websites on this site and these
other sites are outside the control of Travelmartindia.
You agree that Travelmartindia will not incur any liability
for any loss or damage that you may incur due to using
any service on that link or any transaction entered
into on that other site. The fact that Travelmartindia
has agreed to have that link on its site does not imply
any assurances or guarantees as to the quality and nature
of goods and services being provided by that other site.
10. Indemnity
You agree to indemnify and hold Travelmartindia and
its subsidiaries, affiliates, officers, agents, and
employees, harmless from any claim or demand, litigation
costs, made by any third party due to or arising out
of the Content you submit, post to or transmit through
the Service, your use of the Service, your connection
to the message board and communication areas or your
violation of the T&C, or your violation of any rights
of any other party.
11. Termination
i) Travelmartindia has the right to disallow
you from booking and/ or buying any products on the
site; it may terminate or stall your account or use
of the service at its sole discretion .
ii) It may remove and discard any content within
the Service, for any reason, including, without limitation,
for lack of use, without notice.
iii) Any actions on your behalf that violates
or is inconsistent with the letter or spirit of the
TAC will also make your account liable to be terminated.
However you will be bound to clear all demands, if any,
outstanding in your account.
iv) Travelmartindia may also, in its sole discretion
and at any time, without notice, discontinue providing
the service or any part thereof.
v) You agree that in the event that Travelmartindia
exercises its discretion under the provisions of TAC
to terminate your account or any service provided by
it such termination is effective, without incurring
any liability and without any obligation on the part
of Travelmartindia to give prior notice.
vi) The effect of the termination can be immediate
deletion of your account and denial of access. Further
all other data and files in your account may also be
deleted.
12. Disclamiers
Travelmartindia is the travel facilitator. However,
it is not the end travel product or service provider
itself and hence is not responsible in any manner whatsoever
for any deficiency, delay, defect, error or any other
shortcomings in the travel goods and services provided.
Travelmartindia disclaims all responsibility/ liability
for the same.
You may transact if you expressly acknowledge and agree
that:
- your use of the services on the website or
of the website in any manner is at your own risk.
- the site is provided by Travelmartindia on
an "as is" and "as available"
basis.
- to the fullest extent permitted by applicable
law, Travelmartindia and its associates and affiliates,
expressly disclaims all warranties, conditions and other
terms of any kind, whether express or implied as to
the operation of the site or the information, materials,
products, services included on this site.
- to the fullest extent permitted by applicable
law, Travelmartindia expressly disclaims all warranties,
express or implied including, but not limited to any
implied term of merchantability, satisfactory quality,
fitness for a particular purpose and any term as to
the provision of services to a standard of reasonable
care and skill or as to non-infringement of any intellectual
property right.
- No warranty or representation on behalf of
Travelmartindia, its associates and affiliates is given
that: the quality of any products, services, information,
or other material purchased or obtained by you through
the site or any services provided by or on the site
will meet your expectations, the site and /or any services
provided by it will meet your requirements, the service
will be without interruptions, always timely and secure
or free from all errors, the results that may be obtained
from the use of the site or any service provided by
it will be accurate or reliable, any errors in the software
will be corrected.
- Any material/contents downloaded or otherwise
obtained through the use of the site is done at your
own discretion and risk. Travelmartindia and/or its
associates and affiliates do not warrant that this site,
its servers, or any mail sent from Travelmartindia will
not have viruses or harmful components.
If any damage is caused to your computer system and
any losses accrue it will not be the responsibility
of Travelmartindia.
You will be solely responsible for any damage to your
computer system or loss of data that results from the
download of any such material.
Travelmartindia, its associates and affiliates cannot
guarantee the accuracy, integrity or quality of any
contents. It is a possibility that you may be exposed
to contents that are offensive, indecent or objectionable.
Advice or information, whether oral or written, obtained
by you from the portal or through or from the service
shall not create any warranty or other obligation not
expressly stated in the T &C.
Disclaimers for Individual Services on Travelmartindia.
com
13. Limitation of Liability
You expressly acknowledge and agree that Travelmartindia
shall not be liable for any direct, indirect, incidental,
special, consequential or exemplary damages, including
but not limited to, damages for loss of profits, goodwill,
use, data or other intangible losses (even if Travelmartindia
has been advised of the possibility of such damages),
resulting from :
. the use or the inability to use the site or any service
provided by it;
. the cost of procurement of substitute goods and services
resulting from any goods, data, information or services
purchased or obtained or messages received or transactions
entered into through or from the service;
. unauthorized access to or alteration of your transmissions
or data;
. statements or conduct of any third party on the service;
or
. any other matter relating to the site.
. the failure of Travelmartindia to perform their obligations
under this contract where such failure is due to a force
majeure event..
14. Applicable Law/Jurisdiction
Jurisdiction for any disputes arising from and related
to this contract shall be in Mumbai for those raised
by the user and concurrently with Mumbai the geographical
location of the user for disputes raised by Travelmartindia.
The applicable law shall be that of India irrespective
of the conflict of laws.
15. Amendments to T&C
Travelmartindia may amend this agreement on an as-needed
basis by placing an update of this posting, and your
continued use of the services following each updated
posting shall be your acceptance of any such modification.
Furthermore it is your responsibility to monitor the
Terms and Conditions page of Travelmartindia regularly
to determine whether the Terms and Conditions have been
modified. If you do not agree with the T&C of Travelmartindia,
or any modifications thereof to this agreement you must
immediately stop using Travelmartindia services.
16. Entire Agreement
This agreement represents the entire agreement between
the parties subject to the right of the portal to amend/delete/modify
the contract under this agreement.
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