TERMS & CONDITIONS OF USE
For the purposes of these Terms & Conditions, "User(s)" or "You" or "Your" means any individual, association of persons or business entity/organization, body corporate etc., that legally operates in India, has the right to use, proposes to use and uses, the Website and are eligible to contract under the applicable Indian laws.
The Company reserves the right, at its sole discretion, to change, modify, add or remove parts of these Terms & Conditions at any time. The Company will post the revised Terms & Conditions at the Website as and when such Terms & Conditions are modified. The User is advised to periodically check these Terms & Conditions for changes. By the User’s continuous usage of the Website, he/she/it is deemed to have accepted the Terms & Conditions as and when modified by the Company.
In the event there is a conflict between the terms and conditions specified herein and the provisions of any other document executed between the parties hereto, the terms and conditions specified herein would prevail, unless specifically stated otherwise in writing.
The Company advises its users that while accessing the Website, they must follow/abide by the related laws. The Company is not responsible for the possible consequences caused by the User’s behavior during use of the Website. The Company may, at its sole discretion, refuse a service or goods to anyone at any time. All goods provisioned services that are performed by the Company are subject only to these conditions.
If it is found that there is any non-compliance with these Terms & Conditions at any time, the Company reserves the right to terminate the User’s access to the Website. The User agrees that any termination or cancellation of the User’s access to or use of, the Website may be effected without prior notice. Further, the User agrees that the Company shall not be liable to the User or any third-party for any termination or cancellation of the User’s access to, or use of, the Website.
Usage of the Website
The Website operates as a region-specific commerce platform for the sale of travel services.
The availing of services or purchase of products or produce from the Company by the Users through the medium of the Website constitutes a private contract between the User and the Company, and the Company shall have no liabilities in this regard.
All the materials available on the Website including text, photographs, videos, software, graphics, music, questions, comments, feedback and other information (collectively, "Content"), are the property of the Company and are protected by copyright, trademark, and other intellectual property laws. The User shall not reproduce, republish, disseminate or transmit the Content in any manner, including electronically or in written form, to third parties.
The Company shall collect requisite data as may be required to fulfill the service requirements of the User and shall send communications to the Users through their mobile number and/or their email address in order to regularly update the User regarding the status of the request/order placed/made by the User through the Website.
Please help the company protect its intellectual property and the privacy and security of the information available on the Website by not sharing Your username, password and login information with anyone.
The Company grants the User a limited sub-license to access and make personal use of this Website and the Mobile App and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of the Company. This license does not include any resale or commercial use of this Website or the Content thereof; any collection and use of any product listings, descriptions, or prices; any derivative use of this Website or its Contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Website or any portion of the Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of the Company. The User may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Website or of the Company and its parent(s) or subsidiaries or affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing the Website or the Company’s name or trademarks without the express written consent of the Company. Any unauthorized use terminates the permission or license granted by the Company.
The Company is the sole and lawful owner/licensee of all the contents and rights to the Website and the Mobile App. No person/s, entity has any right to represent, modify or claim any right/s whatsoever on any of the content of the Website and the Mobile App including design, layout, content, images, text, videos, graphics, sounds etc. The content of the Website and the Mobile App is protected under copyright, and other intellectual property laws and may not be republished by You or provided by You to third parties without express prior written permission of the Company. All content on the Website and the Mobile App is the copyright of the Company except third party content and any link to third party websites. All related icons, designs and logos are the trademark, servicemark and design of the Company. All intellectual property is protected and any unauthorized use, reuse or modification of the said content is impermissible and prohibited.
Any software made available to operate the Website and/or to download materials from it (the "Software") is the copyrighted work of the Company and/ or its associates. The User has a limited license to use this Software on a non-exclusive basis solely for the purpose of visiting the Website and/or downloading materials from it/them, as maybe necessary for the purposes stated herein. The User may use this Software only for this purpose. Under no circumstances, shall the User redistribute, sell, disassemble or otherwise deal with the Software.
The information contained on the Website is for providing information for the use of the User and the User must accept full responsibility of its use. While an effort is made to provide most information for the understanding of the Users, we do not provide any guarantee or accuracy for the results obtained from the use of this information provided in the Website and accept no responsibility for any errors, omissions, or results obtained from the use of this information. All information the Website is provided "as is" with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose.
The User’s obligation for independent investigation and judgment is imperative, and any reliance solely on the information provided herein is at the User’s risk and the Company shall not be liable for any loss or damage, whatsoever with respect to the service. Any compilation, database etc., and/ or use of any of the contents without permission from us is prohibited and liable to legal action. The Company reserves its right to terminate any agreement upon violation of any of the conditions stated herein.
Though, some content and features are presently available free of charge, the Company reserves its liberty to terminate access to the content/ or any part thereof at any time for any reason, with or without notice. The Company reserves it right limit, deny or change access to all or part of the content and/or features or services to any user/s with or without notice. The Company may also change any of its content or features at any time without prior notice.
Feedback, Comments, Submissions
All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to the Website or by this Website or otherwise disclosed, submitted or offered in connection with Your use of this Website (hereinafter collectively, the "Comments") shall be and remain the property of the Company. Such disclosure, submission or offer of any Comments shall constitute an assignment to the Company of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. The User understands and acknowledges that consequently, the Company owns exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. The Company will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments a User may submit for any purpose whatsoever, without restriction and without compensating the User in any way. The Company is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay the User any compensation for any Comments; or (3) to respond to any Comments. The User agrees that any Comments submitted by him/it to the Website will not violate this Terms of Service or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. The User further agrees that no Comments submitted by him/it to the Website will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam".
The Company does not regularly review the Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Site. You grant the Company the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. The User agrees that he/it shall remain solely responsible for the content of any Comments made and the User agree to indemnify the Company and its officers, employees, parents, subsidiaries and/or affiliates for all claims resulting from any Comments the User submits. The Company and its officers, employees, parents, subsidiaries and/or affiliates take no responsibility and assume no liability for any Comments submitted by the User or any third party.
Passwords and User Security
The User will require a username and password to create an account for use of the Website, which the User will receive through the registration process for the Website. The User is responsible for maintaining the confidentiality of his/her/its username, password and account and is responsible for all activities (whether by the User or by others) that occur under the User’s username and account. The User shall notify the Company immediately of any unauthorized use of his/her/its username and account or any other breach of security. The Company will not be liable for any loss or damage arising from the User’s failure to protect his/her/its username, password or account information.
To the fullest extent permissible pursuant to applicable law, the Company disclaims all warranties, express or implied.
The Company does not warrant that the results that may be obtained from the use of the Website will be accurate or reliable.
The content communicated or available at the Website is not against any religion, community, sect or caste and does not promote any particular food movement or types or categories of food/ services. In particular, the Company does not promote any religion, caste, creed, political party or any food movement (such as vegetarianism, non-vegetarianism, etc.). The Company shall not be responsible for any non-compliance with applicable law including the law relating to consumption or non-consumption of any form of foods, etc.
The Company does not warrant that the Website or any of its functions will be uninterrupted or error-free. While the Company will do its best to ensure smooth and trouble free operation of the Website, it shall not be held responsible for any errors or problems, including but not limited to the Website getting infected with viruses or other harmful components. The Company does not guarantee, represent or warrant that Your use of the Company’s Website will be uninterrupted, timely, secure or error-free.
The User agrees that from time to time the Company may remove and/or suspend the Website and/or the Mobile App for indefinite periods of time or cancel the Website or the services or goods available thereon at any time, without prior notice to the User.
The User expressly agrees that the User’s use of, or inability to use, the Website or the services or goods available thereon is at the User’s sole risk. The service and all products and services delivered to the User through the Website are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for Your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
The User shall at all times defend, indemnify and hold harmless the Company and its officers from and against any and all claims, causes of action, damages, liabilities, costs and expenses that may be incurred by the Company or its officers as a result of any breach by the User of the Terms & Conditions.
Third Party Websites
The Website provides links and pointers to other sites maintained by the Service Providers ("Third-Party Websites"). The linking to such Third-Party Websites does not imply an endorsement or sponsorship of such Third-Party Websites or Service Providers, or of the information, products or services offered on or through the Third-Party Websites or Service Providers.
Any opinions, advice, statements, services, offers, or other information or content expressed or made available on Third-Party Websites, are those of the respective authors or distributors, and not of the Company. The Company does not guarantee the accuracy, completeness, or usefulness of any Third-Party Website content. Furthermore, the Company neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on any Third-Party Website. As regards any products or services marketed by such Third Party Websites, the Company shall not be responsible for the quality, quantity, efficacy or timely delivery of such products or services. The Company shall also not be responsible for any misconduct on the part of the Third Party Websites or for any violation by such Third Party Websites of any applicable laws, rules or regulations.
The Company shall also not be responsible to the User for any act or omission of the User which results in breach of applicable law or any loss, bodily harm, injury or damage to the User, his/its employees or any third party. The Company shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as a result of such act or omission.
Standards and Conduct Guidelines
The User agrees not to use the Website to:
1) Restrict or inhibit any other User(s) from using the Website;
2) Use the Website to impersonate any person or entity, including, but not limited to any User of the Website, or make any false statements or misrepresentations;
3) Use the Website to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any local, state, national or international law;
4) Use the Website to instigate or encourage others to commit illegal activities or cause injury or property damage to any person;
5) Gain unauthorized access to the Website, or any account, computer system, or network connected to the Website by means such as hacking, password mining or other illicit means;
6) Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, "junk mail," "spam," "chain letters," or any other form of commercial solicitation;
7) Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website;
8) Use the Website to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder;
9) Use the Website to post or transmit any information, software or other material that contains a virus or other harmful component;
10) Intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to, any regulations having the force of law;
The User shall hold the Company and its officers indemnified and harmless against any non compliance with applicable laws, rules and regulations including those relating to Information Technology.
Limitation of Liability
The User expressly understands that under no circumstances, including, but not limited to, negligence, shall the Company or its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors, be liable for any direct, indirect, incidental, special, consequential, punitive or exemplary damages, or any other damages whatsoever, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, that result from (i) the use of, or the inability to use, the Website, including its goods and services; (ii) unauthorized access or alteration of the User’s transmissions or data; and (iii) any other matter relating to the Website.
The User specifically acknowledges and agrees that the Company shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from the use of any of the service or any products procured using the Website, or for any other claim related in any way to the User’s use of any service or product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the Website, even if advised of their possibility.
The User specifically acknowledges and agrees that the Company shall not be liable for any defamatory, offensive or illegal conduct of any User. If the User is dissatisfied with the Website, the sole and exclusive remedy of the user is to discontinue using the Website.
The User expressly understands that the Company’s liability for damages, whether direct, indirect, incidental, punitive, special, or consequential, shall be limited to the maximum extent permitted by law.
The User agrees to indemnify, defend and hold harmless the Company, its parent(s), subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of the User’s breach of these Terms of Service or the documents they incorporate by reference, or the User’s violation of any law or the rights of a third-party.
In any action against the Company arising from the use of this Website, the Company shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and attorney’s fees.
The Company may cancel or terminate the User’s right to use the Website and/or the Mobile App or any part of the Website and/or the Mobile App at any time without notice. In the event of cancellation or termination, the User is no longer authorized to access the Website and/or the Mobile App. The User acknowledges and understands that the disclaimers and limitations of liabilities set forth in these Terms & Conditions, shall survive.
These Terms & Conditions may be modified only by the Company’s posting of changes to these Terms & Conditions on the Website. Each time the User accesses the Website and/or the Mobile App, he/she/it will be deemed to have accepted any such changes.
The Company shall be entitled to freely assign its rights and obligations under these Terms & Conditions. These Terms & Conditions will inure to the benefit of the successors, assigns and licensees of the Company. Neither this Agreement nor any rights hereunder may be assigned by the User without the prior written consent of the Company.
The failure of either party (the Company or the User) to insist upon or enforce the strict performance of the other party with respect to any provision of these Terms & Conditions, or to exercise any right under the Terms & Conditions, will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.
If any User has any grievance or issue with regard to the Website and/or the Mobile App, the Customer Service Department of the Company shall address such grievances. The details of the Customer Service Department of the Company are as follows:
Email ID: bookings AT tons.travel
Postal Address: TTTS Pvt Ltd, C/O Kalap Trust Office, Village Kotgaon, Mori Tehsil, Uttarkashi District, Uttarakhand, India. PIN: 249128
Dispute Resolution; Jurisdiction; Applicable Law
All disputes arising from these terms and conditions, services and activities rendered and covered hereto are subject to arbitration to be adjudicated by a sole arbitrator of the Company’s choosing. The seat and venue of arbitration shall be at Dehradun and shall be conducted in English. It is clarified that the parties can refer the dispute to arbitration only after all efforts have been made to amicably resolve the disputes as between the parties.
Any claim/s that either party may have must first be addressed to the dispute resolution committee which will be headed by a Director of the Company. Only upon failure of the dispute resolution committee to decide upon the issue within a period of 60 working days, the claim may be referred to arbitration. No legal proceeding against the Company may be instituted by the User, his/its assigns, subrogee or any other person claiming through or under him/them, except as provided herein.
The courts at Dehradun, Uttarakhand, India shall have exclusive jurisdiction over all disputes arising out of this Terms of Service.
Published on March 01, 2022
Questions about the Terms of Service should be sent to us at <bookings AT tons.travel>