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| ACCEPTANCE OF TERMS |
| 1.1 |
indjapink.co.in website ("Website") is an internet based travel portal operated by Indjapink, company incorporated under the laws of India , with its registered office at B-91 Lajpat Nagar Part -I, New Delhi-110024, India. |
| 1.2 |
Through the Website, Indjapink. shall provide you ("User") travel-related information, pricing, availability and reservations for airlines, hotels, railway, holiday packages, bus and car rentals across cities and rural areas throughout India ("Service"), as more particularly described and defined in the terms of service ("TOS") relating to such Service. This Service may be availed by the User, his family members and friends in India at any time during the year through vendors ("Service Providers"). |
| 1.3 |
This User Agreement ("Agreement") sets out the terms and conditions on which Indjapink, shall provide the Services to the User through the Website. In addition to this Agreement and depending on the Services opted for by the User, the User shall be required to read and accept the relevant TOS for such Service, which may be updated or modified by Indjapink from time to time. Such TOS shall be deemed to be a part 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 |
Use of the Website is offered to the User conditioned on acceptance without modification of all the terms, conditions and notices contained in this Agreement and the TOS, as may be posted on the Website from time to time. For the removal of doubts, it is clarified that use of the Website 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 part of such terms, conditions and notices, the User must not use the Website. |
| 1.5 |
Additionally, the Service Provider may provide terms and guidelines that govern particular features, offers or the operating rules and policies applicable to each Service (for example, flights, hotel reservations, packages, etc.). The User shall be responsible for ensuring compliance with the terms and guidelines 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 or contract of carriage. In the event that any of the terms, conditions and notices contained in this Agreement or the TOS conflict with the additional/other terms and guidelines specified by the Service Provider, then the latter terms/guidelines shall prevail. |
| 1.6 |
Indjapink; at its sole Discretion Reserves The Right Not To Accept Any Order Placed By The User Through The Website Without Assigning any Reason Thereof. May Contract To Provide Any Service By Indjapink is Not Complete Until Full Money Towards The Service Is Received From The User and Accepted by Indjapink. |
| MODIFICATION OF TERMS |
Indjapink, reserves 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 responsible for regularly reviewing these terms and conditions. |
| LIMITED USER |
| 4.1 |
The User agrees and undertakes not to sell, trade or resell or exploit for any commercial purposes, any portion of the Service. For the removal of doubt, it is clarified that the Website is not for commercial use but is specifically meant for personal use only. |
| 4.1 |
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 indjapink.co.in 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. |
| DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY |
| 5.1 |
Indjapink.co.in HAS ENDEAVORED TO ENSURE THAT ALL THE INFORMATION ON THE WEBSITE IS CORRECT, BUT indjapink.co.in NEITHER WARRANTS NOR MAKES ANY REPRESENTATIONS REGARDING THE QUALITY, ACCURACY OR COMPLETENESS OF ANY DATA OR INFORMATION CONTAINED. indjapink.co.in MAKES NO WARRANTY, EXPRESS OR IMPLIED, CONCERNING THE WEBSITE AND/OR ITS CONTENTS AND DISCLAIMS ALL WARRANTIES OF FITNESS FOR A PARTICULAR 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 THE INFORMATION CONTAINED IN THE WEBSITE. |
| 5.2 |
SINCE indjapink.co.in ACTS ONLY AS A BOOKING AGENT, Indjapink, Indjapink.co.in 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 Indjapink /indjapink.co.in BE LIABLE FOR THE SERVICES PROVIDED BY THE SERVICE PROVIDER. |
| 5.3 |
ALTHOUGH Indjapink /indjapink.co.in MAKES REASONABLE COMMERCIAL EFFORTS TO ENSURE THAT THE DESCRIPTION AND CONTENT IN THE TOS AND ON EACH 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, Indjapink /indjapink.co.in IS NOT THE SERVICE PROVIDER AND CANNOT THEREFORE CONTROL OR PREVENT CHANGES IN THE PUBLISHED DESCRIPTIONS WHICH ARE BASED UPON INFORMATION PROVIDED BY THE SERVICE PROVIDERS. |
| 5.4 |
Indjapink. DOES NOT ENDORSE ANY ADVERTISER 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 |
Indjapink/indjapink.co.in 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 Indjapink / indjapink.co.in BE LIABLE 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 GOODS AND 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 THE USE OR PERFORMANCE OF THE WEBSITE.
NEITHER SHALL Indjapink BE RESPONSIBLE FOR THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. FURTHER, Indjapink SHALL NOT BE HELD RESPONSIBLE FOR NON-AVAILABILITY OF THE WEBSITE DURING PERIODIC MAINTENANCE OPERATIONS OR ANY UNPLANNED SUSPENSION OF ACCESS TO THE WEBSITE THAT MAY OCCUR DUE TO TECHNICAL REASONS OR FOR ANY REASON BEYOND Indjapink CONTROL. THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF 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 Indjapink /indjapink.co.in ARISING UNDER ANY CIRCUMSTANCES, IN RESPECT OF ANY SERVICES OFFERED ON THE SITE, SHALL BE LIMITED TO 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. |
| 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 Indjapink or indjapink.co.in and Indjapink / indjapink.co.in is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Indjapink / indjapink.co.in is not responsible for any form of transmission, whatsoever, received by the User from any Linked Site . indjapink.co.in is providing these links to the User only as a convenience, and the inclusion of any link does not imply endorsement by Indjapink / indjapink.co.in of the Website of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof. |
| 6.2 |
Indjapink / indjapink.co.in is not responsible for any errors, omissions or representations on any Linked Site. Indjapink /indjapink.co.in does not endorse any advertiser on any Linked Site in any manner. The Users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information. |
| PROHIBITION AGAINST UNLAWFUL USE |
As a condition of the use of the Website, the User warrants that they will not use the Website for any purpose that is 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 both specific and implied. In addition, the Website shall not be used in any manner, which could damage, disable, overburden or impair it or interfere with any other party's use and/or enjoyment of the Website. The User shall refrain from obtaining or attempting to obtain any materials or information through any means not intentionally made available or provided for or through the Website. |
| USE OF COMMUNICATION SERVICES |
| 8.1 |
The Website may contain services such as email, chat, bulletin board services, information related to various tourist spots, 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 |
Indjapink /indjapink.co.in has no obligation to monitor the Communication Services. However, Indjapink/ indjapink.co.in reserves the right to review materials posted through Communication Service and to remove any materials in its sole discretion. Indjapink /indjapink.co.in reserves the right to terminate the User's access to any or all of the Communication Services at any time without notice for any reason whatsoever. |
| 8.3 |
Indjapink/ indjapink.co.in reserves the right at all times to disclose 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 Indjapink /indjapink.co.in sole discretion. |
| 8.4 |
Indjapink/indjapink.co.in DOES NOT CONTROL OR ENDORSE THE CONTENT, MESSAGES OR INFORMATION FOUND IN ANY COMMUNICATION SERVICE AND, THEREFORE, Indjapink /indjapink SPECIFICALLY DISCLAIMS ANY LIABILITY OR 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 responsible for keeping himself updated of and adhering to such limitations if they download the materials. |
| TERMINATION/ACCESS RESTRICTION |
Indjapink /indjapink.co.in 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. |
| FEES PAYMENT |
| 10.1 |
Indjapink reserves the right to charge listing fees for certain listings, as well as transaction fees based on certain completed transactions using the indjapink.co.in Services. Indjapink.co.in further reserves the right to alter any and all fees from time to time, without notice. |
| 10.2 |
The User shall be liable to pay all applicable charges, fees, duties, taxes, levies and assessments for availing the indjapink.co.in Services. |
| BOOKING CONDITIONS |
Your Obligations |
| 11.1.Making a booking |
All arrangements are made subject to the following terms and conditions. All bookings must be made by a person aged eighteen years or over. Where your booking is for more than one person, the first-named person in your party aged eighteen years or over will be treated by us as the ‘Party Leader’ for your
booking. The ‘Party Leader’ will be responsible for making all payments due to us in accordance with our contract. Once the availability of your chosen holiday has been confirmed by us and you have agreed/ accepted proposed itinerary as prepared by us, we will ask you to return us a signed Booking Form and correct remittance within 72 hours.
A deposit of 50% of the total holiday cost is payable within 07 days of booking with us ` which will be non-refundable except in the event of the booking not being accepted by us for any reason, or if due to unforeseen circumstances we are unable to provide the itinerary for which you have booked. We will acknowledge your booking with a Confirmation Invoice. No contract exists until we have received the Booking Form properly completed, together with the appropriate payment, and until the appropriate confirmation has been issued by us. |
| 11.2 Paying the Balance |
The balance of the price is payable in full 30 days before your trip starts. If the balance remains unpaid, we reserve the right to cancel the booking and retain the deposit. All holidays booked within 30 days are payable in full at the time of booking. If you make a late booking and it is necessary to issue your documents on departure or send them to you by special delivery, there will be an administration charge payable by you up to USD 100 per booking. |
| 11.3 Changes and Cancellations by You |
If you want to make any changes to your booking after we have issued a Confirmation Invoice, we will do our best to help. We require your authority in writing before we can make any change. In the event that any change is requested in relation to a group booking we require the authority in writing (by recorded
delivery post or fax) of the ‘Party Leader’ before we can make the change. Any notice will become effective from the date of receipt by us of the notice. We will charge you an amendment fee of USD 100 per person plus any extra costs which are caused by the change. If it is not possible for us to make the requested changes for you then the original booking may have to be cancelled and cancellation charges will apply. If we can meet your request, the total holiday cost will be recalculated in accordance with the new arrangement you request, taking into account under-occupancy supplements, any cancellation fees or other charges payable and the prices of your new holiday arrangements that apply on the day you ask for the change. Where you are or any member of your party is prevented from travelling for any reason (including death, illness or jury service) we will transfer your booking to any other person satisfying all the requirements relating to your holiday notified to us by you in writing at least 14 days before the start of the holiday. The person who signed the booking form must send us a written and signed notice of intention to transfer (by recorded delivery post or fax). If you want to add any new persons to the booking, or add car
hire or pre-bookable excursions and we are able to confirm such change, no amendment fee will be charged. However, we will not accept any such changes within 30 days of your departure. If a member of the party cancels their booking, the below mentioned cancellation charges will apply.
60 days or more 20% of the total cost (deposit amount)
60-45 days 50 % of the total cost
45 - 30 days 80 % of the total cost
30 - 0 days 100 % of the total cost |
| 11.4 Special needs or requests |
You are responsible for ensuring that any existing medical conditions or disabilities which may require assistance are declared to us before you book your holiday or, if you were newly diagnosed, before your due date of arrival, so that we can pass these details on to our suppliers in good time. We are not in any
circumstances liable if any carrier refuses to accept you or any member of your party as a passenger as a result of any medical condition or disability. If you have any special requirements (dietary or otherwise) you must inform us of these at the time of booking so that we can pass these onto our suppliers. Whilst
we will make every effort to meet your special requests we cannot give any guarantees that your requirements will be met and we are not liable to you in the event that your wishes are not met. |
| 11.5 Assistance and complaints |
In the unlikely event that you have any reason to complain or experience any problems with your holiday during your stay, you must immediately inform the hotel manager, property owner or supplier in question. It is your responsibility, if a problem occurs, to speak directly to the manager/owner/supplier first.
If the complaint or problem is not solved to your satisfaction right away, you must contact us with full details by telephone or fax within 24 hours. Until we know about a problem or complaint, we cannot assist. Most problems can be dealt very quickly. If, at the end of your holiday, you still feel that you have cause for complaint, you should write to us, with full details, including booking reference within 28 days of your return to your country. Please note that failure to report the problem whilst in resort, will deprive us of the opportunity to investigate and rectify your complaint at the time and this may affect your rights
under this contract. |
| 11.6 Your holiday insurance |
We advise you to have an adequate holiday insurance. With booking you should provide us with the name of the insurance company, number of policy and the emergency telephone number. It is your obligation to make sure the insurance is valid at the time you are booking with Indjapink . We will not be hold liable for any issues regarding your holiday insurance. |
| USER'S OBLIGATIONS AND USER ACCOUNT |
| 12.1 |
In consideration of use of the Website, 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 using the Website and/or receiving the Services under the laws of India or other applicable law. |
| 12.2 |
To avail a Service 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. |
| 12.3 |
THE USER ALSO UNDERSTANDS THAT THE SERVICES MAY INCLUDE CERTAIN COMMUNICATIONS FROM indjapink.co.in AS SERVICE ANNOUNCEMENTS AND ADMINISTRATIVE MESSAGES. THE USER UNDERSTANDS AND AGREES THAT THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS AND THAT indjapink.co.in DOES NOT ASSUME ANY RESPONSIBILITY FOR DELETIONS, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. |
| 12.4 |
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; and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If the User provide any information that is untrue, inaccurate, not current or incomplete or indjapink.co.in has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, indjapink.co.in 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. |
| 12.5 |
Furthermore, the User grants indjapink.co.in the right to disclose to third parties Registration Data to the extent necessary for the purpose of carrying out the Services. |
| BREACH |
| 13.1 |
WITHOUT PREJUDICE TO THE OTHER REMEDIES AVAILABLE TO indjapink.co.in UNDER THIS AGREEMENT, THE TOS OR UNDER APPLICABLE LAW, indjapink.co.in 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) indjapink.co.in IS UNABLE TO VERIFY OR AUTHENTICATE ANY INFORMATION PROVIDED BY THE USER; OR
(c) indjapink.co.in 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 indjapink.co.in |
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Indjapink.co.in 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 indjapink.co.in OR USE THE WEBSITE IN ANY MANNER WHATSOEVER UNTIL SUCH TIME THAT THE USER IS REINSTATED BY indjapink.co.in . NOTWITHSTANDING THE FOREGOING, IF THE USER BREACHES THIS AGREEMENT, THE TOS OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, indjapink.co.in RESERVES THE RIGHT TO RECOVER ANY AMOUNTS DUE AND OWING BY THE USER TO indjapink.co.in AND/OR THE SERVICE PROVIDER AND TO TAKE STRICT LEGAL ACTION AS indjapink.co.in DEEMS NECESSARY. |
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| 14.1 |
Indjapink.co.in may provide the User with content such as sound, photographs, graphics, video or other material contained in sponsor advertisements or information. This material may be protected by copyrights, trademarks or other intellectual property rights and laws. The User may use this material only as expressly authorized by Indjapink / indjapink.co.in and shall not copy, transmit or create derivative works of such material without express authorization from indjapink.co.in |
| 14.2 |
The User acknowledges and agrees that they shall not upload post, reproduce or distribute any content on or through the Website that is protected by copyright or other proprietary right of a third party, without obtaining 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 must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject the User to personal liability or criminal prosecution. |
| RELATIONSHIP |
None of the provisions of this Agreement, terms and conditions, notices or the right to use the Website by the User contained herein or any other section or pages of the Website and/or the Linked Sites, shall be deemed to constitute a partnership between the User Indjapink/ indjapink.co.in and no party shall have any authority to bind or shall be deemed to be the agent of the other in any way. It may be noted, however, that if by using the Website, the User authorizes Indjapink / indjapink.co.in and its agents to access third party sites designated by them or on their behalf for retrieving requested information, the User shall be deemed to have appointed Indjapink / indjapink and its agents as their agent for this purpose. |
| HEADINGS |
The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of this Agreement, the TOS or the right to use the Website by the User contained herein or any other section or pages of the Website or any Linked Sites in any manner whatsoever. |
| INTERPRETATION OF NUMBER AND GENDERS |
The terms and conditions herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include 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 requires, the terms "herein", "hereof", "hereto", "hereunder" and words of similar import refer to this Agreement as a whole. |
| INDEMNIFICATION |
The User agrees to indemnify, defend and hold harmless lepassagetoindia.com from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by lepassagetoindia.com that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by the User pursuant to this Agreement and/or the TOS. |
| SEVERABILITY |
If any provision of this Agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of this Agreement shall continue to be in full force and effect. |
| TERMINATION OF AGREEMENT AND SERVICES |
| 20.1 |
Either the User or Indjapink / indjapink may terminate this Agreement and a Service with or without cause at any time to be effective immediately. |
| 20.2 |
The User agrees that Indjapink / indjapink.co.in may under certain circumstances and without prior notice, immediately terminate the User's user id and access to the Website/Services. Causes for termination may include, but shall not be limited 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 connection with the Services as specified in the applicable TOS. |
| 20.3 |
This Agreement may be terminated by either the User or Indjapink/indjapink.co.in through a written notice to the other. Indjapink / indjapink.co.in shall not be liable to the User or any third party for termination of any Service. Should the User object to any terms and conditions of this Agreement, any TOS or become dissatisfied with the Service in any way, the User's only recourse is to immediately: (a) discontinue use of the Website/Service; and (b) notify Indjapink / indjapink.co.in of such discontinuance. |
| 20.4 |
Upon termination of the Service, User's right to use the Website/Services and software shall immediately cease. The User shall have no right and Indjapink / indjapink.co.in 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 data that the User has stored on the Website may not be retrieved later |
| NOTICES |
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 Indjapink / indjapink.co.in at the address posted on the Website.
(b) If to a non registered User, at the communication and/or email address specified in the application form availing of indjapink.co.in Service.
(c) If to a registered User, at the communication and/or email address specified in the registration form.
Notice shall be deemed to have been served 48 hours after it has been sent, dispatched, displayed, as the case may be, unless, where notice has been sent by email, it comes to the knowledge of the sending party, that the email address is invalid. |
| NOTICES |
THIS AGREEMENT AND EACH TOS SHALL BE GOVERNED BY AND CONSTRUCTED 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 NEW DELHI . |
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