Master User Agreement: Acceptance of Terms
This Master User Agreement establishes a binding contract between you, the User, and Easy Trip Planners Pvt. Ltd. with regard to the use of various services that are offered by Easy Trip Planners Pvt. Ltd.
1.1 Easy Trip Planners Pvt. Ltd. is a company incorporated under the laws of India, with its principal office at 103 V4 Towers karkardooma community center Delhi – 110092. The company provides number of travel related product and services through its website, retail outlets, mobile-cellular technology and through its call-centre.
1.2 Easy Trip Planners Pvt. Ltd. shall provide you ("User") travel-related information such as pricing, availability and reservations for airlines, hotels, railway, holiday packages, bus and car rentals across cities and rural areas in India ("Service"). This Service may be availed by the User in India at any time during the year as is offered by various third party vendors like airlines, hotels, etc. ("Service Providers").
1.3 This Master User Agreement is applicable to all Easy Trip Planners Pvt. Ltd. Services. In addition to this to the current Agreement and depending on the Services opted by the User, you (the User) shall be needed to read and accept the relevant terms and conditions of service (“TOS”). These terms and conditions may be updated or modified by Easy Trip Planners Pvt. Ltd. from time to time. Such Terms and Conditions shall be deemed to be a section of this Agreement and in the event of a conflict between such TOS and this Agreement, the terms of this Agreement shall prevail.
1.4 Easy Trip Planners Pvt. Ltd. Services are offered to the User, conditioned on acceptance without modification of all the terms, conditions and notices contained in this Agreement and the TOS posted on the Website may be change from time to time. For the removal of doubts, it is clarified that availing of the Services by the User constitutes an acknowledgement and acceptance by the User of this Agreement and the TOS. If the User does not agree with any terms, conditions and notices, the User must not avail Easy Trip Planners Pvt. Ltd. Services.
1.5 Additionally, the Service supplier itself could provide terms and guidelines that regularize specific features, offers or the operating rules and policies applicable to every Service like flights booking, hotel reservations, packages, etc. The User shall be liable for ensuring compliance with the terms and guideline or operating rules and policies of the Service provider with whom the User elects to deal including terms and conditions set forth in a service Providers' fare rules, contract of carriage or house rules.
1.6 Easy Trip Planners Pvt. Ltd. at its sole discretion reserves the right not to accept any order or booking placed by the user through the website without assigning any reason thereof. In any contract Ease Trip Planners Pvt. Ltd. will not provide any kind of services until full money towards the service is received from the user and accepted by Easy Trip Planners Pvt. Ltd.
2. Modification of Terms
Easy Trip Planners Pvt. Ltd. have the right to change the terms, conditions and notices under which the Services are offered through the Website, including but not limited to the charges for the Services provided through the Website. The User shall be liable for regularly reviewing these terms and conditions.
4. Limited User
4.1 The User agrees and undertakes not to sell, trade, resell and exploit for any commercial purposes any portion of the Service. For the removal of doubt, it is clarified that Easy Trip Planners Pvt. Ltd. Services, including the use of the Website is not for commercial use but for personal use only.
4.2 The User further agrees and undertakes not to reverse engineer, modify copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Website. Limited reproduction and copying of the content of the Website is permitted provided that the Easy Trip Planners Pvt. Ltd.'s name is stated as the source. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.
5. Disclaimer of Warranties/Limitation of Liability
5.1 Easy Trip Planners Pvt. Ltd. has try hard to ensure that all the information provided by the company, is correct, but Easy Trip Planners Pvt. Ltd. neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data or information. Easy Trip Planners Pvt. Ltd. makes no warranty, express or implied, concerning the website and/or its contents and disclaims all warranties of fitness for a specific purpose and warranties of merchantability in respect of services including any liability, responsibility or any other claim, whatsoever, in respect of any loss, whether direct or consequential to any user or any other person, arising out of or from the use of any such information.
5.2 To the extent Easy Trip Planners Pvt. Ltd. acts only as a booking agent on behalf of third party service providers, it shall not have any liability whatsoever for any aspect of the arrangements between the service provider and the user as regards the standards of services provided by the service providers. In no circumstances shall Easy Trip Planners Pvt. Ltd. will be responsible for the services provided by the service provider.
5.3 Although Easy Trip Planners Pvt. Ltd. makes reasonable commercial efforts to ensure that the description and content in the TOS and on every page of the website is correct, it does not, however, take responsibility for changes that occurred due to human or data entry errors or for any loss or damages suffered by any user due to any information contained herein. Also, Easy Trip Planners Pvt. Ltd. is not the service provider and cannot therefore control or prevent changes in the published descriptions or oral representations, which are always based upon information provided by the service providers.
5.4 Easy Trip Planners Pvt. Ltd. does not give permit to any advertiser for advertisement on its website in any manner. The users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
5.5 Easy Trip Planners Pvt. Ltd. does not, by offering travel related services to particular destinations, represent or warrant that travel to such destinations is without risk, and shall not be liable for damages or losses that may result from travel to such destinations.
5.6 In no event shall Easy Trip Planners Pvt. Ltd. will be responsible for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from:
(a) The use or the inability to use the services;
(b) The cost of procurement of substitute or replacement goods, services or resulting from any goods, information or services purchased or obtained or messages received or transactions entered into through the services;
(c) Unauthorized access to or alteration of the user's transmissions or data;
(d) any other matter relating to the services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with availing services from Easy Trip Planners Pvt. Ltd.. Neither shall Easy Trip Planners Pvt. Ltd. be responsible for the delay or inability to use the website or services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained from Easy Trip Planners Pvt. Ltd., whether based on contract, tort, negligence, strict liability or otherwise. Further, Easy Trip Planners Pvt. Ltd. shall not be held responsible for non-availability of the website during periodic maintenance operations or any unplanned suspension of access to the services that may occur due to technical reasons or for any reason beyond Easy Trip Planners Pvt. Ltd.'s control. The user understands and agrees that any material and/or data downloaded or otherwise obtained from Easy Trip Planners Pvt. Ltd. is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or any other loss that results from such material and/or data.
These limitations, disclaimer of warranties and exclusions apply without regard to whether the damages arise from
(a) Breach of contract,
(b) Breach of warranty,
(c) Negligence, or
(d) Any other cause of action, to the extent such exclusion and limitations are not prohibited by applicable law.
The maximum liability on part of Easy Trip Planners Pvt. Ltd. arising under any circumstances, in respect of any services availed, shall be limited up to a maximum of the refund of total amount received from the customer for availing the services less any cancellation, refund or others charges, as may be applicable. In no case the liability shall include any consequential loss, damage or additional expense whatsoever.
6. Links to Third Party Sites
6.1 The Website may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Easy Trip Planners Pvt. Ltd. or the Website. Easy Trip Planners Pvt. Ltd. is not liable for the contents of any Linked Site including without limitation any link contained in a Linked Site, or any updates and change to a Linked Site. Easy Trip Planners Pvt. Ltd. is not responsible for any form of transmission, whatever received by the User from any Linked Site. Easy Trip Planners Pvt. Ltd. is providing these site links to the User only as a convenience, and the inclusion of any link does not imply endorsement by Easy Trip Planners Pvt. Ltd. or the Website of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof.
6.2 Easy Trip Planners Pvt. Ltd. isn't answerable for chargeable for any errors, omissions or representations on any Linked web site. Easy Trip Planners Pvt. Ltd. doesn't endorse any advertiser on any Linked website in any manner. The Users are requested to verify the accuracy of all information or data on their own before undertaking any reliance on such information and data.
7 Prohibition against Unlawful Use.
As a condition of the utilization of the website, the User warrants that they'll not use the web site for any purpose that's unlawful or illegal under any law for the time being in force within or outside India or prohibited by this Agreement and/or the TOS including each specific and implied. Additionally, the website shall not be used in any manner that might harm, disable, overburden or impair it or interfere with the other party's use and/or enjoyment of the web site. The User shall refrain from obtaining or making an attempt to get any materials or information through any means not intentionally created available or provided for or through the website.
8. Use of Communication Services
8.1 The Website may contain services like email, chat, bulletin board services, information related to various tourist destinations, news groups, forums, communities, personal web pages, calendars, and/or other message (hereinafter collectively referred to as "Communication Services"). The User agrees and undertakes to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, the User agrees and undertakes that when using a Communication Service, the User will not:
(a) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
(b) publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
(c) upload files that contain software or other material protected by intellectual property laws unless the User owns or controls the rights thereto or have received all necessary consents;
(d) upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer;
(e) advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages;
(f) conduct or forward surveys, contests, pyramid schemes or chain letters;
(g) download any file posted by another user of a Communication Service that the User know, or reasonably should know, cannot be legally distributed in such manner;
(h) falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
(i) violate any code of conduct or other guidelines, which may be applicable for or to any particular Communication Service;
(j) violate any applicable laws or regulations for the time being in force in or outside India; and
(k) violate any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere herein.
8.2 Easy Trip Planners Pvt. Ltd. will review materials posted through Communication Service and shall remove any materials in its sole discretion. Easy Trip Planners Pvt. Ltd. reserves the right to refuse the User's access to any or all of the Communication Services at any time without notice for any reason whatsoever.
8.3 Easy Trip Planners Pvt. Ltd. reserves the right at all times to reveal any information as is necessary to satisfy or comply with 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 Easy Trip Planners Pvt. Ltd.'s sole discretion.
8.4 Easy Trip Planners Pvt. Ltd. does not control the content, messages or information found in any communication service and, therefore, Easy Trip Planners Pvt. Ltd. specifically disclaims any responsibility whatsoever with regard to the communication services and any actions resulting from the user's participation in any communication service.
8.5 Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. User is liable for keeping himself updated of and adhering to such limitations if they download the materials.
8.6 When you register with Easy Trip Planners Pvt. Ltd., we or any of our partners/affiliate/group companies may contact you from time to time to provide the information about products/services that we believe may benefit you.
9. Termination/Access Restriction
Easy Trip Planners Pvt. Ltd. reserves the right, in its sole discretion, to terminate the access to the website and the related services or any portion thereof at any time, without notice.
10. Fees Payment
10.1 Easy Trip Planners Pvt. Ltd. reserves the right to charge listing fees for certain listings as well as transaction fees based on certain completed transactions using the Easy Trip Planners Pvt. Ltd. Services. Easy Trip Planners Pvt. Ltd. has also the right to alter any and all fees from time to time, without notice.
10.2 The User shall be responsible to pay all applicable charges, fees, duties, taxes, levies and assessments for availing the Easy Trip Planners Pvt. Ltd. Services.
11. User's Obligations and User Account
11.1 The User represent and confirm that the User is of legal age to enter into a binding contract and is not a person barred from availing the Services under the laws of India or other applicable law.
11.2 To avail a Service through the Website, the User has and must continue to maintain at his sole cost: (a) all the necessary equipments including a computer and modem etc. to access the Website/avail Services; (b) own access to the World Wide Web. The User shall be responsible for accessing the Services and that access may involve third party fees including, airtime charges or internet service provider’s charges which are to be exclusively borne by the User.
11.3 The user also understands that services which may include certain communications from Easy Trip Planners Pvt. Ltd. as service announcements and administrative messages. The user understands and agrees that the services are provided on an "as is" basis and that Easy Trip Planners Pvt. Ltd. does not assume any responsibility for omission, mis-delivery or failure to store any user communications or personalized settings.
11.4 Registration of the User on the Website is optional. If the User choose to register himself on the Website, upon completion of the registration process, the User shall receive a user id and password. The User agrees and undertakes at all times to be responsible for maintaining the confidentiality of the password and user id, and shall be fully liable for all activities that occur by use of such password or user id. Further, the User agrees not to use any other party's under id and password for any purpose whatsoever without proper authorization from such party. You are responsible for the security of your password and for all transactions undertaken using your password through our service. The Password entered by you is transmitted in one- way encrypted form to our database and stored as such. Thus the Password will not be known even to Easy Trip Planners Pvt. Ltd.. You confirm that you are the authorized holder of the credit card or the original account holder used in the transactions you make using the Easy Trip Planners Pvt. Ltd. services. Easy Trip Planners Pvt. Ltd. will not be responsible for any financial loss, inconvenience or mental agony resulting from misuse of your ID/password/credit card number/account details number for using Easy Trip Planners Pvt. Ltd. Services.
11.5 The user also agrees and undertakes to immediately notify Easy Trip Planners Pvt. Ltd. of any unauthorized use of the user's password or user id and to ensure that the user logs off at the end of each session at the website. Easy Trip Planners Pvt. Ltd. shall not be responsible for any, direct or indirect, loss or damage arising out of the user's failure to comply with this requirement.
11.6 The User also agrees to:
(a) provide true, accurate and complete information about himself and his beneficiaries as prompted by the registration form ("Registration Data") on the Website.
(b) maintain and update the Registration Data to keep it true, accurate, current and complete. If the User provide any information that is untrue, inaccurate, or incomplete or Easy Trip Planners Pvt. Ltd. has reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, Easy Trip Planners Pvt. Ltd. has the right to suspend or terminate the User's registration and refuse any and all current or future use of the Website and/or any Service.
11.7 Furthermore, the User grants Easy Trip Planners Pvt. Ltd. the right to disclose to third parties Registration Data to the extent necessary for the purpose of carrying out the Services.
12.1 Without prejudice to the other remedies available to Easy Trip Planners Pvt. Ltd. under this agreement, the TOS or under applicable law, Easy Trip Planners Pvt. Ltd. may limit the user's activity, or end the user's listing, warn other users of the user's actions, immediately temporarily/indefinitely suspend or terminate the user's registration, and/or refuse to provide the user with access to the website if: (a) the user is in breach of this agreement, the TOS and/or the documents it incorporates by reference; (b) Easy Trip Planners Pvt. Ltd. is unable to verify or authenticate any information provided by the user; or (c) Easy Trip Planners Pvt. Ltd. believes that the user's actions may infringe on any third party rights or breach any applicable law or otherwise result in any liability for the user, other users of the website and/or Easy Trip Planners Pvt. Ltd..
12.2 Easy Trip Planners Pvt. Ltd. may at any time in its sole discretion reinstate suspended users. Once the user have been indefinitely suspended the user may not register or attempt to register with Easy Trip Planners Pvt. Ltd. or use the website in any manner whatsoever until such time that the user is reinstated by Easy Trip Planners Pvt. Ltd.. Notwithstanding the foregoing, if the user break this agreement, the TOS or the documents it incorporates by reference, Easy Trip Planners Pvt. Ltd. reserves the right to recover any outstanding due amount and owing by the user to Easy Trip Planners Pvt. Ltd. and/or the service provider and to take strict legal action as Easy Trip Planners Pvt. Ltd. deems necessary.
13.2 The User recognize and agrees that they shall not upload, post, or distribute any content through the website that's protected by copyright or alternative proprietary right of 3rd party, without getting the permission of the owner of such right. Any copyrighted or other proprietary content distributed on or through the website with the consent of the owner should contain the suitable copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or alternative proprietary content illegitimate and could subject the User to personal liability or criminal prosecution.
None of the provisions of this Agreement, terms and conditions, notices or the right to use the web site by the User contained herein or any other part, section, or pages of the web site and/or the Linked Sites, shall be deemed to represent a partnership between the User and Easy Trip Planners Pvt. Ltd. and no party shall have any authority to bind or shall be deemed to be the agent of the other in any manner. it should be noted, however, that if by using the web site, the User authorizes Easy Trip Planners Pvt. Ltd. and its agents to access third party sites designated by them or on their behalf for retrieving requested information or data, the User shall be deemed to have appointed Easy Trip Planners Pvt. Ltd. and its agents as their agent for this purpose.
The headings and subheadings herein are included for convenience and identification only and don't seem to be intended to explain, interpret, define or limit the scope, extent or intent of this Agreement, the TOS or the right to use the web site by the User contained herein or the other section or pages of the web site or any Linked Sites in any manner whatsoever.
16. Interpretation of Number and Genders
The terms and conditions herein shall apply equally to both the singular and plural form of the terms outlined. Whenever the context might need, any pronoun shall embody the corresponding masculine and feminine. The words "include", "includes" and "including" shall be deemed to be followed by the phrase "without limitation". Unless the context otherwise needs, the terms "herein", "hereof", "hereto", "hereunder" and words of comparable import talk over with this Agreement as a whole.
The User agrees to indemnify, defend and hold harmless Easy Trip Planners Pvt. Ltd. from and against any and every one losses, liabilities, claims, damages, prices and expenses (including legal fees and disbursements in association therewith and interest chargeable thereon) asserted against or incurred by Easy Trip Planners Pvt. Ltd. that arise out of, result from, or could also be payable by virtue of, any breach or non-performance of any illustration, warranty, covenant or agreement created or obligation to be performed by the User pursuant to the current Agreement and/or the TOS.
If any provision of this Agreement is set to be invalid or unenforceable in whole or partly, such invalidity or unenforceability shall attach only to such provision or a part of such provision and also the remaining part of such provision and all other provisions of this Agreement shall still} be in full force and impact.
19. Termination of Agreement and Services
19.1 Either the User or Easy Trip Planners Pvt. Ltd. could terminate this Agreement and a Service with or without cause at any time to be effective immediately.
19.2 The User agrees that Easy Trip Planners Pvt. Ltd. may under certain situations and without previous notice, immediately terminate the User's user id and access to the Website/Services. Causes for termination could include, however shall not be restricted to, breach by the User of this Agreement or the TOS, requests by enforcement or government agencies, requests by the User, non-payment of fees owed by the User in reference to the Services as laid out in the applicable TOS.
19.3 This Agreement may be terminated by either the User or Easy Trip Planners Pvt. Ltd. through a written notice to the other. Easy Trip Planners Pvt. Ltd. shall not be responsible to the User object to any terms and conditions of this Agreement, any TOS or become dissatisfied with the Service in any method, the User's only recourse is too immediately: (a) discontinue use of the Website/Service; and (b) notify Easy Trip Planners Pvt. Ltd. of such discontinuance.
19.4 Upon termination of the Service, User's right to use the Website/Services and software shall immediately stop. The User don't have any right and Easy Trip Planners Pvt. Ltd. shall have no obligation thereafter to execute any of the User's uncompleted tasks or forward any unread or unsent messages to the User or any third party. Once the User's registration or the Services are terminated, cancelled or suspended, any information or data that the User has stored on the website may not be retrieved later.
All notices and communications (including those related to changes in the TOS, Service, termination of Service etc.,) shall be in writing, in English and shall deemed given if delivered personally or by commercial messenger or courier service, or mailed by registered or certified mail (return receipt requested) or sent via email/facsimile (with acknowledgment of complete transmission) to the following address:
(a)If to Easy Trip Planners Pvt. Ltd, send at email@example.com. and/or at the address posted on the web site.
(b) For non registered User, at the communication and/or email address specified in the applying form availing of a Easy Trip Planners Pvt. Ltd Service.
(c)For a registered User, at the communication and/or email address specified in the registration form. Notice shall be deemed to possess been served forty eight hours when it has been sent, dispatched, displayed, because the case is also, unless, where notice has been sent by email, it involves the information of the sending party, that the e-mail address is invalid.
21. Governing Law
This agreement and every TOS shall be ruled by and made in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts of Delhi. To know more about EaseMyTrip.com, email us:firstname.lastname@example.org