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Legal Terms & Conditions (Part 1)

LEGAL TERMS AND CONDITIONS

 

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures to make the terms of this policy binding.

 

PLEASE READ THE TERMS AND CONDITIONS THOROUGHLY AND CAREFULLY.

 

THESE TERMS AND CONDITIONS STATED BELOW AND THE GENERAL TERMS AND CONDITION AVAILABLE ON THE WEBSITE SHALL TOGETHER CONSTITUTE TO BE A BINDING TERMS AND CONDITIONS ON THE USERS OF THE WEBSITE AND SERVICES. 

 

A.        Acceptance of Terms

 

The legal terms and conditions set forth below (“Terms of Use”) and the Privacy Policy constitute a legally-binding agreement between “Travel Right” (“we”, “our” or “us”), and any user of this website including Service User (as defined hereunder) (“You” or “Your”). These Terms of Use contain provisions that define your limits, legal rights and obligations with respect to your use of and participation in (i) the Travel Right website, including the classified advertisements, forums, various email functions and Internet links, and all content and Travel Right services available through the domain and sub-domains of Travel Right located at www.travelrightholidays.com (collectively referred to herein as the “Website”), and (ii) the online transactions with respect to booking Tours, Flights & Hotels, Car & Bus, International Rail & Cruises,

Visa & Travel Insurance between entities who are offering/selling/providing services (each, a “Service Professional”) and those users of the Website who are obtaining/buying/using services (each, a “Service User”) through the Website (such services, collectively, the “Services”). The Terms of Use described below incorporate the Privacy Policy and apply to all users of the Website, including users who are also contributors of information, private and public messages, advertisements, and other materials or Services on the Website, but does not apply to the Service Professionals.

 

The Website is currently owned and operated by Travel Right, having its registered address at 242A Preetprakash, Motibaiwadi, Station Road, Bhandup west, Mumbai 400078.

 

You acknowledge that the Website serves as a platform for agreeing upon Services between Service Professionals and Service Users, and, by using, visiting, registering for, and/or otherwise participating in this Website, including the Services presented, promoted, and displayed on the Website, and by clicking on “I have read and agree to the terms of use,” you hereby certify that: (1) you are a Service User, (2) you have the authority to enter into these Terms of Use, (3) you are authorized to make payment for Services requested through the use of the Website, and (4) you agree to be bound by all terms and conditions of these Terms of Use and any other documents incorporated by reference herein. If you do not so agree to the foregoing, you should not click to affirm your acceptance thereof, in which case you are prohibited from accessing or using the Website. If you do not agree to any of the provisions set forth in the Terms of Use, kindly discontinue viewing or participating in this Website immediately.

 

All references to “You” or “Your”, as applicable, mean the person that accesses, uses, and/or participates in the Website in any manner. If you use the Website or open an Account (as defined below) on behalf of a business, you represent and warrant that you have the authority to bind that business and your acceptance of the Terms of Use will be deemed an acceptance by that business and “You” and “Your” herein shall refer to that business.

 

1.         MODIFICATIONS TO TERMS OF USE AND/OR PRIVACY POLICY

 

Travel Right reserves the right, in its sole discretion, to change, modify, or otherwise amend the Terms of Use, and any other documents incorporated by reference herein for complying with legal and regulatory framework and for other legitimate business purposes, at any time, and Travel Right will post notice of the changes and the amended Terms of Use at the domain of http://www.travelrightholidays.com/pages.php?id=10, http://www.travelrightholidays.com/pages.php?id=11. It is your responsibility to review the Terms of Use for any changes and you are encouraged to check the Terms of Use frequently. Your use of the Website following any amendment of the Terms of Use will signify your assent to and acceptance of any revised Terms of Use. If you do not agree to abide by these or any future Terms of Use, please do not use or access the Website.

 

2.         PRIVACY POLICY

 

Travel Right has established a Privacy Policy that explains to its users how their information is collected and used. The Privacy Policy is referenced above and hereby incorporated into the Terms of Use set forth herein. Your use of this Website is governed by the Privacy Policy.

 

The Privacy Policy is located at: http://www.travelrightholidays.com/pages.php?id=9

 

B.         Membership and Accessibility

 

1.         LICENSE TO ACCESS

 

Travel Right hereby grants you a non-exclusive, revocable license to use the Website as set forth in the Terms of Use; provided, however, that (i) you will not copy, distribute, or make derivative works of the Website in any medium without Travel Right’s prior written consent; (ii) you will not alter or modify any part of the Website other than as may be as may permitted by the Travel Right and are reasonably necessary to use the Website for its intended purposes; and (iii) you will otherwise act in accordance with the terms and conditions of the Terms of Use and in accordance with all applicable laws.

 

2.         MEMBERSHIP ELIGIBILITY CRITERIA

 

Use of the Website is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. You represent, acknowledge and agree that you are at least 18 years of age, and that: (a) all registration information that you submit is truthful and accurate, (b) you will maintain the accuracy of such information, and (c) your use of the Website and Services offered through this Website do not violate any applicable law or regulation. Your Account (defined below) may be terminated without warning if we at our discretion, believe that you are under the age of 18 or that you are not complying with any applicable laws, rules or regulations. If you are below 18 and you wish to use the Website, you must get consent from your parent or guardian before doing so.

 

You need not register with Travel Right to simply visit and view the Website and service catalogue available on the Website. You can post your queries on the Website by filling the form available on the Website.

 

You acknowledge and agree that you shall comply with the following policies (the “Account Policies”):

 

·         You will not copy or distribute any part of the Website in any medium without Travel Right’s prior written authorization.

·         You will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose.

·         You will provide true, accurate, current and complete information when creating your Account and you shall maintain and update such information during the term of this Agreement so that it will remain accurate, true, current and complete.

·         You shall not in any manual or automated manner collect Service Professionals or Service Users information, including but not limited to, names, addresses, phone numbers, or email addresses, copying copyrighted text, or otherwise misuse or misappropriate Website information or content, including but not limited to, use on a “mirrored”, competitive, or third party site.

·         You shall not in any way that transmits more request messages to the Travel Right servers, or any server of a Travel Right subsidiary or affiliate, in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser; provided, however, that the operators of public search engines may use spiders or robots to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such material. Travel Right reserves the right to revoke these exceptions either generally or in specific cases.

·         You shall not take any action that (i) unreasonably encumbers or, in Travel Right’s sole discretion, may unreasonably encumber the Website’s infrastructure; (ii) interferes or attempts to interfere with the proper working of the Website or any third-party participation in the Website; or (iii) bypasses Travel Right’s measures that are used to prevent or restrict access to the Website.

·         You agree not to collect or harvest any personally identifiable data, including without limitation, names or other Account information, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes.

 

3.         ADDITIONAL POLICIES

 

Your access to, use of, and participation in the Website is subject to the Terms of Use and all applicable Travel Right regulations, guidelines and additional policies that Travel Right may set forth from time to time, including without limitation, a copyright policy and any other restrictions or limitations that Travel Right publishes on the Website (the “Additional Policies”). You hereby agree to comply with the Additional Policies and your obligations thereunder at all times. You hereby acknowledge and agree that if you fail to adhere to any of the terms and conditions of this Agreement or documents referenced herein, including the Account Policies, membership eligibility criteria or Additional Policies, Travel Right, in its sole discretion, may take action against you at any time without prior notice to you as well as initiate appropriate legal proceedings, if necessary. Any changes to the terms of use policies will be notified to you at your next login and we assume that you regularly read these Terms of Use and agree with the changes made by us.

 

D.        Rules for Service Users

 

1.         SERVICE USERS SHALL NOT TAKE ANY OF THE FOLLOWING ACTIONS:

 

(a) commit to using a Service without paying (Except for free offers done as part of promotional campaigns run by Service Professionals and/or Travel Right); (b) sign up for, negotiate a price for, use, or otherwise solicit a Service with no intention of following through with your use of or payment for the Service; (c) agree to purchase a Service when you do not meet the Service Professional’s or Website’s terms as outlined in the Posting, or agree to purchase a Service with the intention of disrupting a Posting; or (d) misuse any options made available now or in the future by Travel Right in connection with the use or purchase of any Service.

 

2.         SANCTIONS FOR VIOLATING ANY OF THE RULES FOR SERVICE USERS

 

If a Service User violates any of the above-referenced rules in connection with the Posting, Travel Right, in its sole discretion, may take any of the following actions: (a) limit the Service User’s Account privileges; and/or (b) suspend the Service User’s Account.

 

E.         Limitation of our Liability

 

You hereby release Travel Right, its officers, directors, agents, and employees from all claims, demands, and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way, connected with any disputes arising between you and any other party, or between you and other Website users.

 

None of the Services listed / non-listed on the Website are provided by us. We act as an intermediary between the Service Users and the Service Professionals. All the service related information transmitted and posted on the Website are by the Service Professionals.

 

We shall in no way be liable for the information related to the Services posted on the Website (all of the foregoing content is sometimes collectively referred to herein as “Submitted Content” and the posting of Submitted Content is sometimes referred to as a “Posting” or as “Postings”) that:

 

·         provides or create links to external sites;

·         is intended to harm or exploit any individual under the age of 18 in any way;

·         is designed to solicit personally identifiable information of any person, including, but not limited to, name, email address, home address, phone number, or profession;

·         invades anyone’s privacy by attempting to harvest, collect, store, or publish private or personally identifiable information, such as names, email addresses, phone numbers, passwords, account information, credit card numbers, home addresses, or other contact information without their knowledge and willing consent;

·         contains falsehoods or misrepresentations that could damage us or any third party;

·         is pornographic, harassing, hateful, illegal, obscene, defamatory, slanderous, threatening, discriminatory, racially, culturally or ethnically offensive; incites, advocates, or expresses pornography, obscenity, vulgarity, profanity, hatred, bigotry, racism, or gratuitous violence; encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; promotes racism, hatred or physical harm of any kind against any group or individual; contains nudity, violence or inappropriate subject matter; or is otherwise inappropriate;

·         is copyrighted or otherwise subject to third-party proprietary rights, including privacy and publicity rights and contains or promotes an illegal or unauthorized copy of another person’s copyrighted work, pirated music or links to pirated music files, or lyrics, guitar tabs or sheet music, works of art, teaching tools, or any other item the copy, display, use, performance, or distribution of which infringes on another’s copyright, intellectual property right, or any other proprietary right;

·         is intended to threaten, stalk, defame, defraud, degrade, victimize, or intimidate an individual or group of individuals for any reason on the basis of age, gender, disability, ethnicity, sexual orientation, race, or religion; or to incite or encourage anyone else to do so;

·         advertises or solicits a business not related to or appropriate for the Website (as determined by us in our sole discretion);

·         contains or could be considered “junk”, “spam”, “pyramid schemes”, “affiliate marketing”, or unsolicited commercial advertisement;

·         contains advertising for ponzi schemes, discount cards, credit counselling, online surveys or online contests;

·         distributes or contains viruses or any other technologies that may harm us, or the interests or property of our users;

·         contains links to commercial services or websites;

·         is irrelevant content;

·         contains identical content to other open Postings you have already posted; or

·         contains anything which is in violation of applicable laws of India.

 

We shall in no way be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any posted service on the Website. The Service Providers act as an independent contractor and any act done by those service providers makes them solely liable. We do not guarantee or take responsibility of your satisfaction with the provided Service.

 

You assume all responsibility and risk with respect to your use of the Website. You understand and agree that, to the fullest extent permitted by law, we disclaim all warranties, representations and endorsements, express or implied, with regard to the site, including, without limitation, implied warranties of title, merchantability, non-infringement and fitness for a particular purpose. We have no duty to update or modify the Website and we are not liable for our failure to do so. In no event, under no legal or equitable theory (whether tort, contract, strict liability or otherwise), shall we or any of our respective employees, directors, officers, agents or affiliates, be liable hereunder or otherwise for any loss or damage of any kind, direct or indirect, in connection with or arising from the Website, the use of the Website or our agreement with you concerning the Website, including, but not limited to, compensatory, direct, consequential, incidental, indirect, special or punitive damages, lost anticipated profits, loss of goodwill, loss of data, business interruption, accuracy of results, or computer failure or malfunction, even if we have been advised of or should have known of the possibility of such damages. If we are held liable to you in a court of competent jurisdiction for any reason, in no event will we be liable for any damages in excess of Indian Rupees Five Thousand (INR 5000). If any limitation on remedies, damages or liability is prohibited or restricted by law, we shall remain entitled to the maximum disclaimers and limitations available under this agreement, at law and/or in equity.

 

F.         Limitation of Service Provider’s Liability

 

We shall not be liable for any amount of delay or inability in performing the Service. The reasonableness shall be determined on case to case basis but the generally it is due to practice interruption. 

 

G.        Force Majeure

 

We shall not be liable for delayed or interruption in service due to any force majeure event, arising out of any enforceable circumstances and beyond our reach, including but not limited to fire, flood, earthquakes, strikes, unavailability of necessary utilities, black-out, acts of God, acts of declared or undeclared war, acts of regulatory agencies, or natural disaster.

 

H.        Copyright Infringement Take Down Procedure

 

Travel Right has high regard for intellectual property and expects the same level of standard to be employed by its users. Travel Right may, in appropriate circumstances and at its discretion, terminate the Account or prohibit access to the Website of users who infringe upon the intellectual property rights of others.

 

If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement and/or trademark infringement, please send the following information to us at sales@travelrightholidays.com

 

(i) identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site;

 

(ii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Website, and information reasonably sufficient to permit Travel Right to locate the material.;

 

(iii) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright and/or trademark owner, its agent, or the law;

 

(iv) information reasonably sufficient to permit Travel Right to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;

 

(v) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive interest that is allegedly infringed; and

 

(vi) a statement by you, made under penalty of perjury, that the information in your report is accurate and that you are the owner of the exclusive right or authorized to act on the behalf of the owner of the exclusive right. A statement by you comprised of the foregoing points is referred to herein as the “Notice”.

 

Only the intellectual property rights owner is permitted to report potentially infringing items through Travel Right's reporting system set forth above. If you are not the intellectual property rights owner, you should contact the intellectual property rights owner and they can choose whether to use the procedures set forth in these Terms of Use.

 

Please click on below link for further notes.

http://www.travelrightholidays.com/pages.php?id=11

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Disclaimer:- Travel Right has partnered with various trusted service providers for facilitating easy bookings. You will be visiting and booking on the website which is owned by third party and not under the control of Travel Right. You will be entering an agreement directly with our partner. All your queries and claims, if any arising out of usage of our partner sites, should be directed to them and Travel Right shall not be responsible and/or liable in that regard.