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Terms Of Use And Service

 

THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF THE INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.

THESE TERMS OF SERVICE WERE UPDATED ON 1st January, 2016

PLEASE CAREFULLY READ THESE TERMS OF SERVICE. BY USING THIS WEBSITE YOU INDICATE YOUR UNDERSTANDING AND ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THIS WEBSITE.

 

1. DEFINITIONS

2. INTRODUCTION

3. SCOPE OF THE AGREEMENT

4. EXCLUSION OF LIABILITY

5. LIMITATION OF LIABILITY

6. BOOKINGS AND ACCEPTABLE PAYMENT METHOD

7. INSURANCE

8. USER’S REPRESENTATION AND WARRANTY

9. PERSONAL INFORMATION

10. ERRORS, INACCURACIES, AND OMISSIONS

11. THIRD-PARTY LINKS

12. COPYRIGHT AND TRADEMARK

13. NOTICE

14. INDEMNIFICATION

15. TERMINATION

16. SEVERABILITY

17. TERMINATION

18. ENTIRE AGREEMENT

19. GOVERNING LAW

20. FORCE MAJEURE

21. CHANGES TO TERMS OF SERVICE

22. CONTACT INFORMATION

23. COMMUNICATION

 

1. DEFINITIONS

“Company” or “SPYJ” shall mean Shree Plan Your Travel Private Limited, a company registered under the Companies Act, 1956 having its registered office at Flat No. 9, 2nd Floor, Ram Saket Chs Gabriel Road, Behind Rizvi Heights, Mahim, Mumbai, Maharashtra and all its affiliates.

“Website” shall mean the www.planyourjourney.com that provides a collection of online travel related services with respect to listed Products and Services including classified advertisements, forums, related sites.

“Products and Services” shall mean the airline travel, hotel accommodation, car rental, ground transportation, holiday packages, travel insurance, organizing tours operators, daily passenger service operators, travel agent for booking and reserving accommodations, seats, berths, compartments, coupes, complete bogies on railways, motor ships, motorboats, airplanes, steamships, motor bus and omnibuses, vehicle booking agent, hotel booking agents and other related business

“Users”, “Customers,” “You” or “Your”; shall mean any natural or legal person who has access to and is using the Website for the purpose of buying Products and Services listed on the Website, including but not limited to service providers of particular products and Services and such users who have not created a User’s Registered Account and are accessing the Website without such a User’s Registered Account; and

“User’s Registered Account” shall be the account, which the Users shall be required to create in the Website to avail the entire gamut of Products and Services offered by it. The Company and the User are collectively referred to as the Parties and individually referred to as a Party.

 

2. INTRODUCTION

• This Website is operated by the Company under the brand Shree Plan Your Journey. The company offers this Website, including all information, tools and services available from this Website for You, the User, conditioned upon Your acceptance of all terms, conditions, policies and notices stated here.

• The User’s use of the Website and related tools and services thereof, including but not limited to viewing information, acting on such information and the transactions that may be implemented through the Website, is governed by and shall be subject to these terms and conditions (hereinafter referred as “Terms of Service” or “Customer’s Agreement”), the terms whereof are subject to change at any time, without prior notice to You. Any new features or tools which are added to the current Website shall also be subject to the Terms of Service. To ensure that You are aware of the changes, please review this Customers’ Agreement and all the documents referred to hereunder periodically.

• If You continue to browse through this Website, You are agreeing to be bound by the Terms which, along with the privacy policy (“Privacy Policy”). Govern your relationship with us. You confirm that You have also read and have agreed and accepted to be bound by the terms and conditions incorporated in the terms of the Privacy Policy, which shall be deemed to be a part of this Customers’ Agreement.

• In the event You are representing an incorporated entity, You hereby confirm that You have been expressly authorised by such entity to consent to this Customers’ Agreement, and such entity agrees to be bound by the terms hereunder.

• This Customers’ Agreement sets forth the legally binding terms of Your use of the Website and related services. By proceeding further, You confirm that You have read and have agreed and accepted to be bound by the terms and conditions mentioned herein and incorporated in any additional guidelines or rules applicable to particular services on the Website which shall be deemed to be a part of this Customers’ Agreement. In the event of any conflict between the terms of this Customers’ Agreement and any aforesaid Additional Documents, the Customer’s Agreement shall prevail. If any of the terms of this Customers’ Agreement or of any of the Additional Documents are not acceptable to You, please do not use the Website. Your continued usage of the Website after any change constitutes Your acceptance of the Customers’ Agreement.

 

3. SCOPE OF THE AGREEMENT

• The Website is an e-portal online forum for travel related bookings and services to act as an intermediary planning of your airline travel, railways travel, hotel accommodation, car rental, ground transportation, tours, travel insurance as outlined in the Products and Services. By visiting the Website and/or buying/agreeing to buy/book Products and Services listed on the Website, You engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies, as may be laid down under any Additional Documents as referenced herein and/or available by hyperlink. These Terms of Service apply to all Users of the Website, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of data, content, information, pictorial representations and/or images.

• It is agreed between the Parties that as long as the User/Customer/You comply with these customers; Agreement and any other Additional Documents, the Company Agrees to provide a non-exclusive, non-transferable, limited right to enter and view and use the Website to the User provided that the User undertakes that he/she/it will not interrupt or undertake to interrupt the operation of this Website in any manner.

• The Products and Services as per the Website are solely intended for the non-commercial use of the Customers/User’s unless otherwise permitted by SPYJ. The User may not modify, copy, distribute, transmit, display, publish, sub-license, create derivative products or sell or deal with the products, services or the information obtained from the Website without the express written consent of the SPYJ.

 

4. EXCLUSION OF LIABILITY

• SPYJ does not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.

• We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

• The Company shall take all appropriate safeguard to ensure that the Website is free from viruses and bugs, but cannot and does not warrant that the Website will be free of such viruses or other destructive software at all times and is not liable for any loss caused to the User in this regard.

• The Company does not accept any liability whatsoever for disruption of services, losses (direct or indirect), damages (special or consequential), delays, defaults, cancellation or any other inconvenience or deficiency of service, whether based in contract, tort, negligence, strict liability or otherwise caused to the User due to any action or omission on the part of the ultimate service provider such as airlines, railways, hoteliers, tour managers etc.(“Suppliers”). The Suppliers are not owned, controlled or managed by SPYJ and are independent contractors and not agents/employees of SPYJ.

• You expressly agree that Your use of, or inability to use, the Service is at Your sole risk. The Products and Services delivered to You through the Service are (except as expressly stated by us) provided on an 'as is basis' 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 Company disclaims any liability arising out of internet fraud or any unauthorized use of User’s credit/debit card details or any personal information or material submitted by the User in the Website.

• SPYJ is not responsible for any claims made by the third parties regarding the content of the Website including endorsements of any photos, review or other promotional material that may be posted on the Website.

• In no case shall SPYJ, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors 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 Your use of any of the Service, or for any other claim related in any way to Your use of the Service, 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 Products or Services posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. In states or jurisdictions that do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

5. LIMITATION OF LIABILITY

• The maximum liability on the part of SPYJ arising under any circumstances whatsoever in respect of any Products or Services offered on this Website shall be limited to the refund of the total amount received from the User for availing the same less any cancellation charges, refund or other charges as may be applicable.

 

6. BOOKINGS AND ACCEPTABLE PAYMENT METHOD

• The User shall register on the Website of the Company by providing true and accurate details as sought by the Company and shall be solely responsible for maintaining the confidentiality of the password and the details of the account. The User shall not have more than one active account on the Website. The Company also allows restricted benefits and access to Products and Services for unregistered users.

• The Company reserves the right to terminate or suspend the User‘s Registered Account or refuse any and all current or future use of the Website in case the details sought by the Company above are inaccurate, untrue, incomplete or not current.

• The User Registered Account may be used for the booking of reservations and availing of other Products and Services listed on the website.

• SPYJ also allows availing of the Products and Services listed on the Website without registering any User Registration Account, in which case the User will need to furnish necessary details

(True and accurate) including but not limited to email address and mobile number for completing the transaction on the Website.

• The User shall receive a confirmation of the transaction undertaken on this Website with respect to the Products and Services within 24 hours of purchase failing which the User shall contact the Customer Support in Clause 21. The registered email address, mobile number and/or other details of the User shall be used for the purposes of such intimation.

• The Company is free to charge a service fee and/or transaction fee for the completed services and the User shall be solely responsible to pay the same including charges, fees, duties, taxes and assessments arising out of the use of the Products and Services. The Company reserves the right to alter the fee from time to time without notice.

• The User agrees to provide correct and accurate credit/debit card details lawfully owned by you, to the approved payment gateway for availing the Products and Services at the website. SPYJ reserves the right to cancel the booking of Products and services in case full payment is not received in a timely fashion.

• By availing Products and Services through this Website, the User authorizes SPYJ and its affiliates, agents, service providers to transact with the User’s bank or other payment gateways on the User’s behalf to obtain the necessary information required to process payment, resolve inquiries and billing disputes and/or as required to manage the booking of Products and Services.

• The User agrees that SPYJ may send booking confirmation, itinerary information, cancellation, payment confirmation, refund status, schedule change or any other relevant information pertaining to the transaction for the particular Product or Service via SMS, voice call on the contact number/other details furnished by the User. The User also agrees that the details furnished by the User may also be used by SPYJ in case the transaction for the particular Products and Services has not concluded for any reason whatsoever in order to know the preference of the user and also to help him conclude the transaction and such communication via usage of the details furnished by the User will not constitute an “Unsolicited Commercial Communication” as per the guidelines of Telecom Regulatory Authority of India or any other relevant guideline as may be in force.

• Without prejudice to the above, the User shall intimate SPYJ of any incomplete transaction and/or any other difficulty faced in relation to the transaction of Products and Services at the earliest and in any case not later than same day from the date of such incomplete transaction.

• In the unlikely event of cancellation of the Products and Services, the Company shall intimate the User of the same and process the refund after deduction of necessary charges within a reasonable period of time, but will not be under any obligation to make another booking in lieu of the cancelled Product or Services.

• The User may also cancel or change the bookings related to Products and Services subject to the cancellation policy of the Supplier and will be charged a cancellation fee indicated in the terms of use of the concerned Supplier of the Product and Services. Any cancellation or change in details of Products and Services is dependent on the Supplier’s rules and regulations and SPYJ does not guarantee that such cancellation or change can be made at all times.

• The Company does not warrant that all the Services and Products will be available at all geographical areas and the eligibility of the User to avail a particular Product or Service is subject to Company’s determination and acceptance.

 

7. INSURANCE

• Unless explicitly provided by the Company, none of the Products or Services on the Website is insured and obtaining sufficient insurance coverage is at the option of the User.

• In case any insurance is provided for a particular Product or Service, the same shall be subject to the terms and condition of the insuring company and the User shall contact the insurance company directly for any claims or disputes.

 

8. USER’S REPRESENTATION AND WARRANTY

• The website is only available to persons who can form legally binding contracts under the Indian Contract Act, 1872. By registering or using this Website, the User warrants that he/she/it is a major and/or is otherwise competent to contract and enter into legally binding arrangements. The Company reserves the right to terminate the Service and refuse access to the Website at any time in case it is brought to the Company’s notice that the User is under the age of 18 or is otherwise incompetent or lacks requisite authority to contract.

• The User warrants that he/she/it will use this Website in accordance with the Terms of Service and will only indulge in the legitimate authorised use of the Website for the Products and Services listed.

• The User shall immediately report any knowledge about any unauthorised use of the User’s Registered Account. In any event the Company is not liable for any loss that may be caused to the User in case of any unauthorised use of the User Registered Account.

• The User represents and warrants that it shall abide by the applicable laws of the India, including FEMA, FERA and another RBI guidelines in cases of international travels and shall carry all necessary documents, including but not limited to passport with requisite validity and visas/re-entry visa required for entry, exit, and length of stay or for travel to such destination.

• The User undertakes not to defame, abuse, harass otherwise violate the legal rights of others, impersonate any person or entity or publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful material or information or any files containing viruses on the Website.

• The User warrants to be bound by the Supplier`s terms/conditions/rules/regulations to the Products and Services bought/availed of from the Website which is to be found on the Supplier’s Website.

 

9. PERSONAL INFORMATION

• Your submission of personal information is governed by Our Privacy Policy.

 

10. ERRORS, INACCURACIES, AND OMISSIONS

• Occasionally there may be information on the Website or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after You have submitted Your order).

• We undertake no obligation to update, amend or clarify information in the Service or on any related website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or to any related Website, should be taken to indicate that all information in the Service or to any related Website has been modified or updated.

 

11. THIRD-PARTY LINKS [KCO Comment: please confirm]

• Certain content, Products and Services available via our Service may include materials from third-parties.

• Third-party links on this Website may direct You to third-party websites that are not affiliated with Us. We are not responsible for examining or evaluating the content or accuracy and We do not warrant and will not have any liability or responsibility for any third-party materials or Websites, or for any other materials, products, or services of third-parties.

• We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure You understand them before You engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 

12. COPYRIGHT AND TRADEMARK

• Any software, material, documents, information, pictures, images and content are copyrighted work of the Company and /or our Suppliers and the User shall not use, copy, transmit, create derivative work, or reproduce the same, in any manner, without the express consent of SPYJ or the supplier as the case may be. Any unauthorised submission or distribution of copyrighted or other proprietary content is illegal and could subject the User to personal liability or criminal prosecution.

You agree and confirm that:

i. All copyright, database right and all other proprietary rights, title and interest in all content and or information presented on this Website (“IP”) is owned by and/or licensed to Company or owned by and/or licensed to the Supplier of the Products and/or Services or is owned by and/or licensed to the person uploading such content and is or may be protected or covered by copyright, trademark, intellectual property law and/or other proprietary rights, unless expressly stated otherwise.

 

ii. No extracts of this Website or part thereof shall be displayed, printed or downloaded by You or with Your assistance, for any reason, including without limitation to commercialise any IP in any way.

 

iii. Your use of this Website does not confer on You or any other party, any licence or other rights under the intellectual property or other proprietary rights of the company, the Supplier of the Products and Services and/or of any third party, whether implied or otherwise.

 

iv. The company shall not be held liable for any claims relating to infringement of any intellectual property rights in relation to the Products and Services and their content.

 

13. NOTICE

• In case, there is any unauthorized use of the Website, any infringement of any intellectual property rights, any incorrect information or objectionable material uploaded/posted on the Website, the User or any other person as the case may be, may contact and report the same to Us as per the details provided in Clause 21 of this Customer’s Agreement.

 

14. INDEMNIFICATION

• You agree to indemnify, defend and hold harmless SPYJ and our parent, 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 Your breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to the Customer’s Agreement and Additional Documents. Further, You agree to hold the Company harmless against any claims made by any third party due to, or arising out of, or in connection with, Your use of the Website and any claim that Your material caused damage to a third party, Your violation of the Customer’s Agreement or Your violation of any rights of another, including any intellectual property rights.

 

15. TERMINATION

• In case the User wants to terminate the Agreement with the Company, the User may do so by closing the User Registered Account at the Website and/or not accessing the Website.

• The Company may at any time with or without notice terminate this Customer’s Agreement and Additional Documents if there is a breach of any of the provisions of the terms of this Agreement as updated from time to time or if the Company is required in law to do so.

• The Company at its sole discretion may terminate or suspend a portion of your User Registered Account or access to services with or without reason which may include removal of access to the entire or a portion of the website and its Products and Services or deletion of the User Registered Account and information therein and shall not be liable to the User or any third party for any loss or damage that may be incurred due to deletion of registered account along with personal information, access to Website and related products and Services.

 

16. SEVERABILITY

• In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

17. TERMINATION

• These Terms of Service are effective unless and until terminated by either You or Us. If, in our sole judgment You fail, or We suspect that You have failed, to comply with any term or provision of these Terms of Service, we also may terminate this Customer’s Agreement at any time without notice and You will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny You access to our Services (or any part thereof).

 

18. ENTIRE AGREEMENT

• Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by Us on this Website or in respect to the Service constitutes the entire agreement and understanding between You and Us and govern Your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between You and Us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

 

19. GOVERNING LAW

• These Terms of Service and any separate agreements whereby we provide Your Services shall be governed by and construed in accordance with the laws of India and the Courts of Mumbai, Maharashtra, India will have the exclusive jurisdiction.

 

20. FORCE MAJEURE

• We shall not be held liable for any of Our obligations under the Customer’s Agreement due to reasons beyond our control such as downtime of servers, viruses, strikes, technical snags, system compatibility, natural calamities, acts of war, terror, etc. You agree not to hold Us liable for any delay or adverse effect caused due to the occurrence of such an event.

 

21. CHANGES TO TERMS OF SERVICE

• You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our Website. It is Your responsibility to check our Website periodically for changes. Your continued use of or access to our Website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

 

22. CONTACT INFORMATION

• Questions about the Terms of Service or any other related queries should be sent to Us at [customercare@planyourjourney.com]

 

23. COMMUNICATION

• I hereby agree to receive transactional & promotional communication via SMS & Email from Shree Plan Your Journey Pvt. Ltd.

 

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