Travelyam – Terms of Use
Welcome to www.travelyam.com and its associated webpages (the ‘www.travelyam.trous or www.travelyam.in or www.travelyam.co.in’ or just ‘Travelyam’ website). By accessing, browsing and/or using the Travelyam website, you acknowledge that you have read, understood and agree to abide by and comply with these Terms of Use. Travelyam reserves the right, in its discretion, to update or revise these Terms of Use and to post such updates on this website. Please check these Terms of Use periodically for changes. Your continued use of this website following the posting of any changes to the Terms of Use constitutes acceptance of those changes.
Travelyam, and/or its affiliates (“Travelyam”) provide website features and other products and services to you when you visit or shop at the Travelyam Website, use Travelyam products or services, use Travelyam applications, or use software provided by Travelyam in connection with any of the foregoing (collectively, “Travelyam Services”). Your access to the Travelyam Website, and all Travelyam Services, are subject to these Terms of Use. However, as we offer a wide range of Travelyam Services, additional terms may apply to individual Travelyam Services, and you may only be able to use certain Travelyam Services (such as Travelyam software) if you have executed an agreement with Travelyam applicable to such Travelyam Services, which may be in a “Product/Service Agreement”. If these Terms of Use are inconsistent with a Product/Service Agreement relating to a specific Travelyam Service, that Product/Service Agreement will control with respect to the specific Travelyam Service.
PRIVACY
Please review our Privacy Policy, which also governs your use of Travelyam Services, to understand our practices. Travelyam reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request. You agree that Travelyam may place a cookie or other small text file on any computer from which you access this website or the services.
USE OF THE WEBSITE
By accessing the Travelyam Website, you warrant and represent to Travelyam that you are legally entitled to do so.
AGE OF MAJORITY
If you are under the age of majority in your area of residence, you may use the Travelyam Services only with involvement of a parent or guardian. Travelyam reserves the right to refuse service, remove or edit content, or cancel orders in its sole discretion.
ELECTRONIC COMMUNICATIONS
When you use any Travelyam Services or send e-mail to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Travelyam Website or through other Travelyam Services. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement. When you provide Travelyam with your e-mail address, or sign up to receive e-mail from us, you consent to receiving commercial e-mail.
INTELLECTUAL PROPERTY RIGHTS
Neither you nor anyone acting on your behalf may acquire any intellectual property or other proprietary rights, including patents, designs, trademarks, copyright or trade-secrets, relating to the contents of this website. Any grants not expressly granted herein are reserved.
All contents of this website are © Travelyam. Individual logos and brand imagery belong to its respective owners.
All content that is made available to view and/or download in connection with this website is owned by and is the copyrighted work of Travelyam and is protected by copyright laws and international treaty provisions. You agree that you will not download any content without complying with all applicable use controls, laws and regulations, and you warrant that you will not download any content or software where such downloading is prohibited by local laws.
TRAVELYAM WEBSITE LICENCE AND ACCESS
Travelyam hereby grants you a limited license to visit, browse, access and use the Travelyam Website subject to these Terms of Use, including the following limitations:
• Except as expressly permitted by this Agreement, you may not download (other than page caching), modify, or alter the Travelyam Website, or any portion of it, except with the express written consent of Travelyam. This license specifically does not include: (1) any resale or commercial use by you of the Travelyam Website; (2) any derivative use of the Travelyam Website or its contents; (3) any use of data mining, robots, or similar data gathering and extraction tools; (4) any reproduction, duplication, copying, selling, reselling, re-posting or any exploitation of the Travelyam Website or its contents for any public or commercial purpose without the express written consent of Travelyam; (5) any use of, visits to, or other action that imposes an unreasonable or disproportionately large load on the Travelyam Website, or otherwise interferes with its proper functioning; and (6) mirroring of any material contained on the Travelyam Website on any other server.
• Unless otherwise specified, the content provided in this website is for your personal and non-commercial use. You may not 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 Travelyam Website.
• You may not attempt to gain unauthorized access to the Travelyam Website and/or any Travelyam computer systems or networks connected to the Travelyam Website, through hacking, password mining or any other means.
• You may not obtain or attempt to obtain any materials or information through any means not intentionally made available to you through the Travelyam Website.
• You will ensure that your use, or the use of any third party through you, of the Travelyam Website and the Travelyam Services does not interfere with, degrade, or adversely affect any Travelyam software, system, network or data or that of any other users of the Travelyam Website or the Travelyam Services. You and anyone obtaining access to the Travelyam Website or Travelyam Services through you will not post or transmit any harassing, abusive, libelous, illegal, deceptive or otherwise offensive messages or information whatsoever.
• You and anyone obtaining access to this website through you will not use the Travelyam Website or any contents thereof to commit or attempt to commit a crime or facilitate the commission of any crime or other illegal or tortuous acts.
• You and anyone obtaining access to this website through you will not use the Travelyam Website or any contents thereof to commit or attempt to commit a crime or facilitate the commission of any crime or other illegal or tortuous acts.
• You shall not use, nor permit others to use, the Travelyam Website in a manner or for a purpose contrary to these Terms of Use or any Product/Service Agreement.
ACCURACY OF INFORMATION
You may be permitted to or asked to submit information to Travelyam. You expressly represent and warrant: (a) that you have the authority to provide Travelyam with all such information; (b) that all such information may be used by Travelyam for the purposes intended; and (c) that all such information shall be true, accurate, and complete. You agree that if any information you provide is false, inaccurate, obsolete, incomplete or provided without such authority, we may terminate your use of the Travelyam Website and any or all Travelyam Service(s).
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Travelyam takes no responsibility and assumes no liability for any content posted by you or any third party. Visitors may submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of the content. Travelyam reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, unless we indicate otherwise, you grant Travelyam a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licenseable right to use, produce, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, communicate to the public such content throughout the world in any media. You grant Travelyam and sub-licencees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Travelyam for all claims resulting from content you supply. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE IN A FORUM, YOU DO SO AT YOUR OWN RISK. No compensation will be paid with respect to the use of any information or content submitted by you. Travelyam is under no obligation to post or use any information you may provide.
EXTERNAL LINKS
External links may be provided for your convenience, but they are beyond the control of Travelyam and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk. Travelyam is not responsible if any third party website is not working appropriately. Other than to the extent required under applicable consumer protection law, under no circumstance will Travelyam be liable for any loss or damage caused by your reliance on information obtained through the Travelyam Website or a third party linked website (including any opinions, statements or advice), or your reliance on any product or service obtained from any user of the Travelyam Website or any third party linked website. It is your responsibility to evaluate the accuracy, completeness or usefulness of any opinion, advice or other content available through the Travelyam Website, or obtained from a third party linked website. You are responsible for viewing and abiding by the privacy statements and terms of use posted at any third party website to which this website is linked.
BUSINESS MODEL
Travelyam is a travel company rendering travel services ranging across flight bookings, hotel bookings, surface transport, visa processing, travel insurance, forex, vouchers and/or tickets to attractions, events, or entertainment areas, excursions, tours, and related services. Travelyam may bring together multiple brands and our business partners on a marketplace platform so as to enable and ease transactions.
PRICING
Unless otherwise provided, prices are in INR (Indian Rupees). Unless otherwise provided, prices are exclusive of, and you will pay, all applicable sales, use, consumption, goods and service, value added withholding, and all other applicable federal, state, provincial and local taxes. Unless otherwise provided, prices are also exclusive of, and you will be responsible for payment of, all fees and charges related to taxes, customs, duties and brokerage.
INDEMNIFICATION
You agree to defend, hold harmless and indemnify Travelyam, its affiliates, and their respective officers, directors, employees, consultants, agents, shareholders, licensors, sponsors and representatives from and against any and all claims, liabilities, damages, fines, penalties or costs of whatsoever nature (including reasonable attorneys’ fees and costs), arising out of or in any way connected with: (i) any breach by you of these Terms of Use; (ii) your use of the content or services available on the Travelyam Website in any unauthorized manner, or (iii) your violation of any law or of any third party rights.
SEVERABILITY
These Terms of Use shall be deemed severable. In the event that any provision of the Terms of Use is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
DISCLAIMER OF WARRANTIES
ALL MATERIALS, INFORMATION, PRODUCTS, SERVICES AND OTHER CONTENT CONTAINED IN THE TRAVELYAM WEBSITE, OR OBTAINED FROM A THIRD PARTY LINKED WEBSITE IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. TRAVELYAM ASSUMES NO RESPONSIBILITY FOR ANY ERRORS, OMISSIONS OR INACCURACIES WHATSOEVER IN THE INFORMATION PROVIDED IN THIS WEBSITE. UNDER NO CIRCUMSTANCES WILL TRAVELYAM BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THIS WEBSITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ANY INFORMATION PROVIDED, AND USE OF THIS WEBSITE IS SOLELY AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
Travelyam assumes no responsibility for errors or omissions in the information which is referenced by or linked to the Travelyam Website. IN NO EVENT SHALL TRAVELYAM BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, (INCLUDING WITHOUT LIMITATION, THOSE RESULTING FROM: (1) RELIANCE ON THE MATERIALS PRESENTED ON THIS WEBSITE, (2) LOSS OF USE, DATA OR PROFITS, (3) DELAYS OR BUSINESS INTERRUPTIONS, (4) AND ANY THEORY OF LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE THIS WEBSITE OR TRAVELYAM SERVICES, WHETHER OR NOT TRAVELYAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
INTERNATIONAL USERS
The Travelyam Website is controlled, operated and administered by Travelyam (or its licensees) from its offices within INDIA and is not intended to subject Travelyam to the laws or jurisdiction of any state, country or territory other than those of INDIA. Those who choose to access the Travelyam Website do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. Without limiting the foregoing, Travelyam may limit Travelyam Website’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
VIOLATION OF THESE TERMS OF USE AND TERMINATION
Where feasible (in Travelyam’s sole discretion), Travelyam will advise you of any inappropriate behavior on your part and any necessary corrective action. However, if this website or any Travelyam Services are used in a way in which Travelyam, in its sole discretion, deems to violate these Terms of Use, Travelyam or its agent may take any responsible actions they deem appropriate. Such action may include, but is not limited to, temporary or permanent removal of content or filtering of Internet transmissions, and termination of any Product/Service Agreement. Travelyam shall not be liable in any way for any such responsive actions. The above-described actions are not Travelyam’s exclusive remedies and Travelyam may take any other legal, equitable or technical action it deems appropriate.
Travelyam reserves the right to investigate suspected violations of these Terms of Use. You hereby authorize Travelyam to cooperate with (1) law enforcement authorities in the investigation of suspected criminal violations and (2) system administrators at Internet service providers, networks or computing facilities in order to enforce these Terms of Use.
Notwithstanding the foregoing, Travelyam reserves the right to revoke your authorization to visit, browse, access and use the Travelyam Website at any time without notice. All restrictions herein shall survive the termination of your right to visit, browse, access and use the Travelyam Website.
APPLICABLE LAWS
Use of the Travelyam Website and Travelyam Services shall in all respects be governed by the laws of INDIA, regardless of the laws that might be applicable under principles of conflicts of law. The parties agree that the courts of INDIA, shall have exclusive jurisdiction over all controversies arising under this agreement and agree that venue is proper in those courts. The parties expressly agree that neither the United Nations Convention on Contracts for the International Sale of Goods nor the Uniform Computer Information Transactions Act shall apply to these Terms of Use or to any contracts relating to goods or services obtained through this website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express will of the parties that this agreement and all related documents have been drawn up in English.
CONTACT
If you have any questions regarding these Terms of Use or intellectual property matters, or if you have any legal concern relating to Travelyam or its business or Travelyam Services, please contact at:
Travelyam
34/35, Surkan Arcade,
Behind HDFC Bank,
Bhujbal Farm Raod,
CIDCO, Nashik 422009
Maharashtra, India
esupport@travelyam.com