Terms and Conditions
TERMS OF USE & SERVICE
This page states the terms and conditions (the "general terms" or the "agreement") under which any user ("user") may use the Tajtrip Private Limited (TTPL) web site located at www.tajtrip.com (the "web site").
Please read this page carefully.
This web site (the “Site”) is published and maintained by Taj Trip Private Limited (“TTPL”), a company incorporated and existing in accordance with the laws of the Republic of India. When you access, browse or use this Site you accept, without limitation or qualification, the terms and conditions set forth below. When you access any sub–site (whether belonging to an ‘associate’ of TTPL or otherwise) through this site, then such sub–site may have its own terms and conditions of use which is specific to such sub–site. Sub–sites may contain such additional terms and conditions of use as may be set out in such sub–site. These Terms and Conditions of Use and any additional terms posted on this Site together constitute the entire agreement between TTPL and you with respect to your use of this Site.
By accessing and using the web site, user accepts and agrees to be bound, without modification, limitation or qualification, by these terms. If user does not accept any of the terms stated here, user must refrain to use the web site. The right to access and use the web site is not transferable to any person or entity. TajTrip Private Limited ("TTPL") may, at its sole discretion, modify or revise these terms at any time by updating this posting. Users are bound by any such modification or revision and should therefore visit the terms & conditions page periodically to review the terms.
Your use of the web site constitutes your agreement to all terms, conditions, and notices contained herein or otherwise posted on the web site.
General terms
TTPL reserves the right at any time and from time to time, to modify or discontinue, temporarily or permanently, the web site and any and all features and sections contained therein, with notice to registered users provided via posting to the website or email, and immediately in the event of technical difficulties. TTPL shall not be liable to any user or to any third party for any such modification, suspension or discontinuance.
IP RIGHTS AND OWNERSHIP
The contents of the web site, such as text, graphics, images, audio, video and other material, as well as the underlying html source code of the web site ("material") are protected by copyright under both Indian and foreign laws, and are owned or controlled by TTPL or by third parties that have licensed their material to TTPL. Unauthorized use of the material may violate copyright, trademark, and other laws. User must retain all copyright and other proprietary notices contained in the original material on any copy user makes of the material. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the material, in whole or in part or reproduce, display, publicly perform, distribute, or otherwise use the material in any way for any public or commercial purpose. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of the material will be permitted without the express permission of TTPL and the copyright owner. In the event of any permitted copying, redistribution or publication of the material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. The trademarks, logos and service marks (the "marks") displayed on the web site are owned by TTPL or third parties. User is prohibited from using those marks without the express, written permission of TTPL or such third party. If user would like information about obtaining TTPL's permission to use the material on your website, e-mail info@tajtrip.com TTPL and all related logos, whether or not registered, are trademarks belonging to TTPL. All rights reserved. All other trademarks appearing on the web site are the property of their respective owners.
LINKS
TTPL, [or any member] may provide links to third party websites. These links are provided solely as a convenience to user and not as an endorsement by TTPL of the contents on such third-party web sites. TTPL is not responsible for the content of linked third-party sites. TTPL exercises no control whatsoever over such other websites and webbased resources, does not make any representations regarding the content or accuracy of materials on such third-party web sites and is not responsible or liable for the availability thereof or the content, advertising, products or other materials contained thereon. TTPL shall not be responsible or liable, directly or indirectly, for any damage or loss incurred or suffered by any user in connection therewith. Users acknowledge their use of these third party websites is at their sole risk.
REPRESENTATIONS AND WARRANTIES - LIABILITY DISCLAIMERS
User represents, warrants and covenants that (a) they will use the web site for lawful purposes only (b) no materials of any kind submitted through their account which (i) violate or infringe in any way upon the rights of others, (ii) are unlawful, threatening, abusive, defamatory, vulgar, obscene or profane in the sole discretion of TTPL, (iii) encourage conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law, or (iv) contains any advertising or solicitation with respect to products or services (without the express prior written approval of TTPL). The material may contain inaccuracies or typographical errors. TTPL makes no representations warranties or endorsements with regard to the accuracy, reliability, completeness, or timeliness of the material or about the results to be obtained from using the web site and the material.
User expressly agrees that use of the web site is at user's sole risk. Neither TTPL, its affiliates nor any of their respective employees, agents, third party content providers or licensors warrant that the web site will run uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of the web site. The web site is provided on an "as is" basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus – Trojan, back door, logic bomb or any other form of malicious code, communication line failure, theft or destruction or unauthorised access to, alteration of, or use of record, whether for breach of contract, tortious behaviour, negligence, or under any other cause of action. User specifically acknowledges that TTPL is not liable for the defamatory, offensive or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with user.
DISCLAIMERS OF CERTAIN DAMAGES
In no event shall TTPL 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 this web site, the delay or inability to use this web site, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through this web site, or otherwise arising out of the use of this web site, whether based on contract, tort, strict liability or otherwise, even if TTPL or any of its suppliers has been advised of the possibility of damages. If user is dissatisfied with any portion of this web site, or with any of these terms of use, user's sole and exclusive remedy is to discontinue using this web site. Under no circumstances shall TTPL be liable to any user on account of that user's use of the web site. Such limitation of liability shall apply to prevent recovery of any and all damages including, without limitation, direct, indirect, incidental, consequential, special and exemplary damages arising from any use of the web site, including any damages that may be incurred by third parties.
INDEMNITY
User agrees to defend, indemnify, and hold harmless TTPL, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from any use of the web site and any material contained therein by user or through user's account, or by user's breach of the terms of this agreement. TTPL shall provide notice to user promptly of any such claim, suit, or proceeding and shall assist user, at user's expense, in defending any such claim, suit or proceeding. TTPL reserves the right, at its own expense, to assume the exclusive defence and control of any matter subject to indemnification by user.
USER INFORMATION
TTPL is committed to maintaining user privacy. TTPL does, however, gather certain information that user provides to the web site. TTPL believes that by collecting this information TTPL is able to provide user with a personalized web experience, and to assist its own sales team and advertisers in efficiently reaching an appropriate audience. The information TTPL requests, is the minimum we believe necessary to achieve this goal. TTPL may use the information it obtains relating to user, including user ip address, name, mailing address, email address and use of the web site, for its internal business and marketing purposes and may disclose the information to authorized third parties for such purposes.
GENERAL
All legal issues arising from or related to the use of the web site shall be construed in accordance with and determined by the laws as applicable to contracts entered into and performed within India, without respect to its conflict of laws principles. By using the web site, user agrees that the exclusive forum for any claims or causes of action arising out of user's use of the web site shall exclusively at Delhi Courts. User hereby irrevocably waives, to the fullest extent permitted by law, any objection which user may now or hereafter have to the laying of the venue of any such proceeding brought in such a court and any claim that any such proceeding brought in such a court has been brought in an inconvenient forum. If any provision of this agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this agreement, which shall remain in full force and effect. No waiver of any term of this agreement shall be deemed a further or continuing waiver of such term or any other term. This agreement constitutes the entire agreement between user and TTPL with respect to the use of web site. Any changes to this agreement must be made in writing, signed by an authorized representative of TTPL. The section headings used herein are for convenience only and shall not be given any legal import.
SPECIFIC TERMS
This page states the terms and conditions (the "specific terms" or the "agreement") under which any user ("you") may use the TTPL web site located at www.tajtrip.com (the "web site"). Please read this page carefully. By accessing and using the web site, user accepts and agrees to be bound, without modification, limitation or qualification, by both the general terms & conditions for use of the TTPL site, and these additional member terms. If user does not accept any of the terms stated here, he/she must not use the web site. The right to access and use the web site is not transferable to any person or entity. ("TTPL") may, at its sole discretion, modify or revise these terms at any time by updating this posting. Users are bound by any such modification or revision and should therefore visit the terms & conditions page periodically to review the terms. Each user is responsible for all use of his/her information and is responsible for maintaining the confidentiality of his/her password. These specific terms and conditions incorporate the general terms of conditions of the TTPL site by reference. Each user hereby understands that he/she is bound by all general and specific terms and conditions which may be implemented by TTPL from time to time. Your use of the web site constitutes your agreement to all terms, conditions, and notices contained herein or otherwise posted on the web site.
SECTION 1:
SUBMISSIONS
All information, data, text, software, music, sound, photographs, graphics, video, messages or any other materials whatsoever (collectively, "user content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such user content originated. This means that the user, and not TTPL, is entirely responsible for all user content that he or she uploads, posts, emails or otherwise transmits via the web site. No user shall transmit user content or otherwise conduct or participate in any activities on the web site which, in the opinion of TTPL's counsel, are prohibited by law in applicable jurisdictions, including, without limitation, material or activities which (1) infringe any patent, trademark, copyright, trade secret or other proprietary right of any party (the "rights"), unless user is the owner of the rights or has the express written permission of the owner to post or transmit such material to the web site; (2) infringe on any other intellectual property rights of others or on the privacy or publicity rights of others; (3) is obscene, defamatory, threatening, harassing, abusive, hateful, embarrassing or otherwise objectionable to another user or any other person or entity; (4) is sexually-explicit; (5) is an advertisement or solicitation of business or advocates an unsolicited or unrelated position or opinion; (6) represents any form of "chain letters" or pyramid scheme; (7) impersonates another person or entity; (8) intentionally or unintentionally violates any applicable local, state, national or international law while using or accessing the web site or the materials; or (9) contains a virus, trojan, back door, logic bomb or any other form of malicious code. User hereby waives all copyright, moral rights and any other right to any user content which he/she submits, and grants to TTPL a royalty-free perpetual irrevocable nonexclusive right and license to use, reproduce, modify adapt, publish, translate perform, display and distribute such user content, in whole or in part, worldwide and/or to incorporate it in other works in any form, media or technology now known or hereinafter developed for the full term of any copyright in such user content, and to sublicense such rights through multiple tiers of sublicensees. User also hereby grant all other users the right to copy, download and store his/her user content for user's personal use. TTPL does not control user content. TTPL has the right but not the obligation to monitor submissions by users, and reserves the right to modify, move or remove any user content at any time and for any reason in its sole discretion, as well as the right to terminate user access to the website for any reason in its sole discretion including, without limitation, foul language, attempted commercial use of the web site, threats, discriminatory, racist or abusive language, or any behaviour which is deemed objectionable by TTPL. Users are responsible for their own communications and are solely responsible for the consequences of posting any user content. TTPL does not screen communications in advance and is not responsible for screening or monitoring material posted by users. If notified by a user about communications that allegedly do not conform to any term of this agreement, TTPL may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. TTPL has no liability or responsibility to users for performance or non-performance of such activities. TTPL reserves the right, in its sole discretion, to restrict users access to the web site for violating this agreement or the law. TTPL also reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in TTPL's sole discretion.
TTPL does not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any user content or endorse any opinions expressed by users. Each user acknowledges that any reliance on user content posted by other users will be at his/her sole risk.
SECTION 2.
REGISTRATION
To gain a greater level of access, user must be authorized by TTPL and then once authorized, the user will select a password, and be assigned an id number. Each user is expressly prohibited from using another user's id without such person's authorization. Failure to comply with the foregoing shall constitute a breach of this agreement, which may result in immediate termination of that user's authorization. Each user shall be solely responsible for maintaining the confidentiality of their password.
Each user shall notify TTPL of any known or suspected unauthorized use(s) of his/her account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of his/her confidential information.
SECTION 3
COMMUNICATION
TTPL reserves the right to send user's electronic mail for the purpose of informing members of changes or additions to the web site, this agreement and any other service provided by TTPL.
SECTION 4
CONTESTS AND INTERACTIONS
This Site may contain contests that require you to send in material or information about yourself or offer prizes. Each contest has its own rules, which you must read and agree to before you participate.
SECTION 5
DISCLAIMER
The material in this Site could include technical inaccuracies or typographical errors. TTPL may make changes or improvements at any time.
The materials on this site are provided on an “As Is” basis, without warranties of any kind either expressed or implied.
Information, software, products, and services contained on this website, and the inclusion or offering of any products or services on this website does not constitute any endorsement or recommendation of such products or services by TTPL, TTPL Affiliates and their respective suppliers. To the fullest extent permissible pursuant to applicable law, TTPL disclaims all warranties of merchantability, relating to the information and description of the hotel , air or any other travel products displayed on this website (including, without limitation, the pricing, photographs, list of hotel amenities, general product descriptions, etc.), much of which information is provided by the respective suppliers. Hotel or any other ratings displayed on this website are intended as only general guidelines, and TTPL, TTPL Affiliates and their respective suppliers do not guarantee the accuracy of the ratings. TTPL, TTPL Affiliates and their respective suppliers make no guarantees about the availability of specific products and services. TTPL may make improvements and/or changes on this website at any time.
TTPL does not warrant that the functions contained in this site will be uninterrupted or error free, that defects will be corrected, or that this site or the servers that make it available are free of viruses or other harmful components, but shall endeavor to ensure your fullest satisfaction.
TTPL does not warrant or make any representations regarding the use of or the result of the use of the material on the site in terms of their correctness, accuracy, reliability, or otherwise, insofar as such material is derived from other service providers such as airlines, hotel owners and tour operators.
You acknowledge that this Website is provided only on the basis set out in these terms and conditions. Your uninterrupted access or use of this Website on this basis may be prevented by certain factors outside our reasonable control including, without limitation, the unavailability, inoperab i l i ty or interruption of the Internet or other telecommunications services or as a result of any maintenance or other service work carried out on this Website.
TTPL does not accept any responsibility and will not be liable for any loss or damage whatsoever arising out of or in connection with any ability/inability to access or to use the Site.
You also acknowledge that through this Site, TTPL merely provides intermediary services in order to facilitate highest quality services to you. TTPL is not the last–mile service provider to you and therefore, TTPL shall not be or deemed to be responsible for any lack or deficiency of services provided by any person (airline, travel/tour operator, hotel, facility or similar agency) you shall engage or hire or appoint pursuant to or resulting from, the material available in this Site. TTPL, TTPL Affiliates, and their respective suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, and services, including all implied warranties and conditions of merchantability, satisfactory quality, fitness for a particular purpose, title, and non–infringement.
TTPL will not be liable to you or to any other person for any direct, indirect, incidental, punitive or consequential loss, damage, cost or expense of any kind whatsoever and howsoever caused from out of your usage of this Site. IN no event shall TTPL, TTPL Affiliates ,and their respective suppliers be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of, or in any way connected with, your access to, display of or use of this website or with the delay or inability to access, display or use this website (including, but not limited to, your reliance upon opinions appearing on this web site; any computer viruses, information, software, linked sites, products, and services obtained through this website; or otherwise arising out of the access to, display of or use of this website) whether based on a theory of negligence, contract, tort, strict liability, or otherwise, and even if the TTPL group companies, the TTPL Affiliates and their respective suppliers have been advised of the possibility of such damages.
You agree to defend and indemnify TTPL, TTPL Affiliates, and their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
(a) your breach of this Agreement or the documents referenced herein;
(b) your violation of any law or the rights of a third party
Notwithstanding anything else to the contrary contained elsewhere herein or otherwise at law, TTPL’s liability (whether by way of indemnification to you or otherwise) shall be restricted to a maximum of INR 1000 (Indian Rupees One Thousand only).
SECTION 6
AVAILABILITY
The products and services displayed on the website may not be available for purchase in your particular country or locality.
The reference to such products and services on the Site does not imply or warrant that these products or services will be available at any time in your particular geographical location. You should check with your local TTPL authorized representative for the availability of specific products and services in your area.
Section 7
WAIVER
No waiver by TTPL of any provision of these Terms and Conditions shall be binding except as set forth in writing and signed by its duly authorized representative.