We welcome all our users and would like to share the Terms and
Conditions of Use with you:
Any services provided by and on Travelmartindia.com are subject
to the following Terms and Conditions (henceforth T&C).
If you use this website, it is deemed that you agree to all
the terms and conditions that follow. There may be additional
terms for particular features provided. Please click on the
link 'other terms' to review these. In the event that there
are any inconsistencies between T&C here and any additional
terms, T&C will prevail.
On our site you will find valuable traveler information,
search for and find travel and travel related products and
services as displayed that you may book and buy online or
offline from Travelmartindia.com.
Travelmartindia is not the end travel product/travel service
provider and hence is not directly responsible for the end
delivery of the travel products and services being offered
on the portal. Our aim is to make your search easy and accurate
and to enable you to book and buy travel products and services
conveniently through us. The final delivery of the product/service
lies with the end service provider (ie. Airline, Hotel, Cruise
Line etc) and Travelmartindia disclaims all responsibility/liability
for the same.
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, is 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. Proprietary 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, color 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.
You may not use this site to transmit in anyway or post or
upload any material or content that infringes a third party's
intellectual property rights or contractual rights or 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. Disclaimers
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/content 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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