Website Terms of Service and Use

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TRAVELMAGIC.IN website (” the website”) is an internet based travel portal owned and operated by TRAVELMAGIC (India), a company incorporated and existing in accordance with the laws of the Republic of India, with its registered office at A-1, First Floor, Defence Colony, New Delhi – 100 024 (INDIA).

The terms ‘we’, ‘us’, ‘our’ and ‘the agency’ refer to TRAVELMAGIC.IN. The term ‘you’ or ‘user’ refers to the customer visiting the Website and/or booking a reservation through us on this Website, or through our customer service agents. This Website is provided solely to assist customers (“User”) in gathering travel related information, pricing, availability and reservations for airlines, hotels, holiday packages, bus and car rentals (“Service”), as more particularly described and defined in the booking terms and conditions (“T&C”) 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”).

This User Agreement (“Agreement”) sets out the terms and conditions on which TRAVELMAGIC (India) 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 T&C for such Service, which may be updated or modified by TRAVELMAGIC (India) from time to time. Such T&C shall be deemed to be a part of this Agreement and in the event of a conflict between such T&C and this Agreement, the terms of T&C shall prevail.

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 T&C, as may be posted on the Website from time to time. For the removal of uncertainties, it is clarified that use of the Website by the User constitutes an acknowledgement and acceptance by the User of this Agreement and the T&C. If the User does not agree with any part of such terms, conditions and notices, the User must not use the Website. 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 is booked including terms and conditions set forth in a Service Providers’ farerules or contract of carriage. In the event that any of the terms, conditions and notices contained in this Agreement or the T&C conflict with the additional/other terms and guidelines specified by the Service Provider, then the latter terms/guidelines shall prevail.

THE AGENCY at its sole discretion reserves the right to not to accept any order placed by the user through the Websitewithout assigning any reason thereof. Any contract to provide any service by TRAVELMAGIC is not complete until full money towards the service is received from the user and accepted by TRAVELMAGIC.

It may also be noted, that by providing any personal information such as mobile numbers, the visitor hereby specifically authorizes the agency and/or its authorized representative to contact him or her.

MODIFICATION OF TERMS

TRAVELMAGIC 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.

PROHIBITED ACTIVITIES AND USE OF THE WEBSITE

The User accept and undertakes not to sell, trade, 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 by the users and is specifically meant for personal use only.

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 TRAVELMAGIC 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.

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 T&C 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.

WARRANTIES AND LIMITATION OF LIABILITY

TRAVELMAGIC has endeavored to ensure that all the information on the website is accurate, but TRAVELMAGIC neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data or information contained. TRAVELMAGIC 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.

Since TRAVELMAGIC acts only as a booking agent, In no circumstances TRAVELMAGIC shall 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.

Although TRAVELMAGIC (India) makes reasonable commercial efforts to ensure that the description and content in the T&C and on each page of the website is exact and 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, TRAVELMAGIC (India) 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.

TRAVELMAGIC (India) 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.

TRAVELMAGIC (India) 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 tosuch destinations. In no event shall TRAVELMAGIC (India) be liable for any direct, indirect, punitive, incidental, special, consequential

damages or any other damages resulting from:

(a) The use or the inability/failure 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 TRAVELMAGIC (India) 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, TRAVELMAGIC (India) 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 TRAVELMAGIC (India) 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 TRAVELMAGI (India) 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.

USE OF COMMUNICATION SOURCE

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 Source”). The User agrees and undertakes to use the Communication Source 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 usinga Communication Service, the User will not:

(i) Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others.

(ii) Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.

(iii) 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.

(iv) 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.

(v) Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.

(vi) Conduct or forward surveys, contests, pyramid schemes or chain letters.

(vii) 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.

(viii) 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.

(ix) Violate any code of conduct or other guidelines, which may be applicable for or to any particular Communication Service.

(x) Violate any applicable laws or regulations for the time being in force in or outside India. and

(xi) 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.

TRAVELMAGIC (India) has no compulsion to monitor the Communication Services. However, TRAVELMAGIC (India) reserves the right to review materials posted through Communication Service and to remove any materials in its sole discretion. TRAVELMAGIC (India) 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. TRAVELMAGIC (India) 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 TRAVELMAGIC (India) sole discretion.

TRAVELMAGIC (India) does not control or endorse the content, messages or information found in any communication service and, service and, therefore, TRAVELMAGIC (India) 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.

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.

FEES & PAYMENT

In the event that your payment is taken at the time of booking, The User shall be liable to pay all applicable charges, fees, duties, taxes, levies and assessments for availing the TRAVELMAGIC.IN Services.

TRAVELMAGIC.IN further reserves the right to alter any and all fees from time to time, without notice.INSURANCE Unless explicitly provided by TRAVELMAGIC.IN in any specific service or deliverable, obtaining sufficient insurancecoverage is the obligation/option of the user and TRAVELMAGIC (India) doesn’t accept any claims arising out of such scenarios.

Insurance, if any provided as a part of the service/ product by TRAVELMAGIC (India) shall be as per the terms and conditions of the insuring company. The User shall contact the insurance company directly for any claims or disputes and TRAVELMAGIC (India) shall not provide any express or implied undertakings for acceptance of the claims by the insurance company.

FEEDBACK, REVIEWS, COMMENTS, PHOTOS AND OTHER SUBMISSIONS AND SOLICITATION

We appreciate hearing from you. Please be aware that by submitting content to this Website by electronic mail, postings on this Website or otherwise, including any hotel reviews, photos, videos, questions, comments, suggestions, ideas or the like contained in any submissions (collectively, Submissions), you grant TRAVELMAGIC and its affiliates (which shall mean any entity (whether a person, corporation, partnership or otherwise) that directly or indirectly, controls, are controlled by, or are under common control with TRAVELMAGIC.IN.

The User is aware that TRAVELMAGIC (India) provides various services like hotel bookings, car rentals, holidays and would like to learn about them, to enhance his / her travel experience. The User hereby specifically authorizes TRAVELMAGIV (India) to contact the User with offers on various services offered by it through direct mailers, e-mailers, telephone calls, short messaging services (SMS) or any other medium, from time to time. In case that the customer chooses not to be contacted, he /she shall write to TRAVELMAGIC.IN for specific exclusion at the address posted on website or provide his / her preferences to the respective service provider. The customers are advised to read and understand the privacy policy of TRAVELMAGIC.IN on its website in accordance of which TRAVELMAGIC.IN contacts, solicits the user or shares the user’s information.

FORCE MAJEURE

The user agrees that there can be exceptional circumstances where the service operators like the airlines, hotels, the respective transportation providers or concerns may be unable to honor the confirmed bookings due to various reasons like climatic conditions, labor unrest, insolvency, business exigencies, government decisions, operational and technical issues, route and flight cancellations etc. If TRAVELMAGIC (India) is informed in advance of such situations where dishonor of bookings may happen, it will make its best efforts to provide similar alternative to its customers or refund the booking amount after reasonable service charges, if supported and refunded by that respective service operators. The user agrees that TRAVELMAGIC (India) being an agent for facilitating the booking services shall not be responsible for any such circumstances and the customers have to contact that service provider directly for any further resolutions and refunds.

The User agrees that in situations due to any technical or other failure in TRAVELMAGIC.IN, services committed earlier may not be provided or may involve substantial modification. In such cases, TRAVELMAGIC (India) shall refund the entire amount received from the customer for availing such services minus the applicable cancellation, refund or other charges, which shall completely discharge any and all liabilities of TRAVELMAGIC (India) against such non-provision ofservices or deficiencies. Additional liabilities, if any, shall be borne by the User.

TRAVELMAGIC (India) shall not be liable for delays or inabilities in performance or nonperformance in whole or in part of its obligations due to any causes that are not due to its acts or omissions and are beyond its reasonable control, such as acts of God, fire, strikes, embargo, acts of government, acts of terrorism or other similar causes, problems at airlines, rails, buses, hotels or transporters end. In such event, the user affected will be promptly given notice as the situation permits.

OBLIGATIONS OF USER

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. TRAVELMAGIC (India) is responsible only for the transactions that are done by the User through TRAVELMAGIC.IN. TRAVELMAGIC (India) will not be responsible for screening, censoring or otherwise controlling transactions, including whether the transaction is legal and valid as per the laws of the land of the User.

The User warrants that they will abide by all such additional procedures and guidelines, as modified from time to time,in connection with the use of the services. The User further warrants that they will comply with all applicable laws and regulations regarding use of the services with respect to the jurisdiction concerned for each transaction.

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.

The user also understands that the services may include certain communications from TRAVELMAGIC.IN as serviceannouncements and administrative messages. The User understands and agrees that the services are provided on an “As is” basis and that TRAVELMAGIC.IN does not assume any responsibility for deletions, miss delivery or failure to store any user communications or personalized settings.

Registration of the User on the Website is optional. If the User opts to register himself on the Website, upon completion of the registration process, the User shall receive a user id and password. The User agrees and undertakes at all times to be responsible for maintaining the confidentiality of the password and user id, and shall be fully responsible for all activities that occur by use of such password or user id. Further, the User agrees not to use any other party’s under id and password for any purpose whatsoever without proper authorization from such party.

You are responsible for the security of your password and for all transactions undertaken using your password through our service. The Password entered by you is transmitted in one- way encrypted form to our database and stored assuch. Thus the Password will not be known even to TRAVELMAGIC.IN.

The user also agrees and undertakes to immediately notify TRAVELMAGIC.IN for an unauthorized use of the user’s password or user Id and to ensure that the user logs off at the end of each session at the website. TRAVELMAGIC.IN shall not be responsible for any, direct or indirect, loss or damage arising out of the user’s failure to comply with this requirement.

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 TRAVELMAGIC.IN has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, TRAVELMAGIC.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.

Furthermore, the User grants TRAVELMAGIC.IN the right to disclose to third parties Registration Data to the extent necessary for the purpose of carrying out the Services for his/her travel.

BREACH

Without prejudice to the other remedies available to TRAVELMAGIC.IN under this agreement, the T&C or under applicable law, TRAVELMAGIC.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 T&C and/or the documents it incorporates by reference.

(b) TRAVELMAGIC.IN is unable to verify or authenticate any information provided by the user. OR

(c) TRAVELMAGIC.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 TRAVELMAGIC.IN

TRAVELMAGIC.IN may at any time in its sole discretion reinstate, suspend users. Once the user have been indefinitely suspended the user may not register or attempt to register with TRAVELMAGIC.IN or use the website in any manner whatsoever until such time that the user is reinstated by TRAVELMAGIC.IN. Despite the foregoing, if the user breaches this agreement, the T&C or the documents it incorporated by reference, TRAVELMAGIC.IN reserves the right to recover any amounts due and owning by the user to TRAVELMAGIC.IN and/or the service provider and to take strict legal as TRAVELMAGIC (India) deems necessary.

PROPRIETARY RIGHTS

TRAVELMAGIC.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 TRAVELMAGIC (India) and shall not copy, transmit or create derivative works of such material without express authorization from TRAVELMAGIC.IN. 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. The user shall not acquire any rights, title or interest of any nature in respect of any Intellectual Property made available or accessible to him by TRAVELMAGIC or its affiliates while having access to the website. Without prejudice to the foregoing user acknowledges that:

(a) TRAVELMAGIC owns all right, title and interest in its name and logotype.

(b) TRAVELMAGIC is the owner of certain trademarks and trade names used in connection with certain product lines and software, and

(c) That user will acquire no interest in any such trademarks or trade names by virtue any agreement or T&C.

(d) The user shall comply with all requisite conditions as may be stipulated by TRAVELMAGIC in respect of any third party software, trade mark & logo type available on website which may be accessed by user.

RELATIONSHIP OR ASSOCIATION

None of the provisions of this Agreement, T&C, 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 and TRAVELMAGIC (India) 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 TRAVELMAGIAC (India) 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 TRAVELMAGIC (India) 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 T&C 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.

EXPLANATION OF NUMBERS 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 TRAVELMAGIC.IN 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 TRAVELMAGIC.IN 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 T&C.

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, VIEWING/ACCESS RIGHTS AND SERVICES

Either the User or TRAVELMAGIC (India) may terminate this Agreement and a Service with or without cause at anytime to be effective immediately.

The User agrees that TRAVELMAGIC (India) may under certain circumstances and with or 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 T&C, 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 T&C.

This Agreement may be terminated by the User through a written notice to TRAVELMAGIC. TRAVELMAGIC (India) reserves the right to terminate the agreement without any prior notice to any user. TRAVELMAGIC (India) shall not be liable to the User or any third party for termination of any Service. Should the User object to any T&C of this Agreement, any T&C or become dissatisfied with the Service in any way, the User’s only recourse is to immediately:

(a) Discontinue use of the Website/Service.

(b) Notify TRAVELMAGIC (India) of such

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 TRAVELMAGIC (India) 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 TRAVELMAGIC (India) 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 a TRAVELMAGIC.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.

GOVERNING LAW

This agreement and each T&C shall be governed by and constructed in accordance with the laws of Republic of India without reference to conflict of laws, Principle and disputes arising in relation hereto shall be subject to the exclusive jurisdiction at New Delhi.