FACILITY USER AGREEMENT
IMPORTANT: This Facility user Agreement IS A LEGAL AGREEMENT BETWEEN YOU (EITHER
AN INDIVIDUAL OR, IF PURCHASED OR OTHERWISE ACQUIRED BY OR FOR AN ENTITY, AN ENTITY)
AND Hermes I ticketing LIMITED (Hereinafter referred to as “Hermes”).
READ IT CAREFULLY BEFORE COMPLETING THE LOGIN PROCESS AND USING THE WEBSITE. IT
PROVIDES A LICENSE TO ACCESS AND USE THE WEBSITE AND CONTAINS WARRANTY INFORMATION
AND LIABILITY DISCLAIMERS. BY SELECTING THE LOGIN NOW BUTTON AND/OR USING THE WEBSITE,
YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE WEBSITE ACCESS AND AGREEING TO BECOME
BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS,
THEN DO NOT LOGIN OR USE THE WEBSITE. IN ORDER TO USE THIS WEBSITE, YOU MUST FIRST
READ AND ACCEPT THE TERMS OF THIS LICENSE.
All Rights Reserved by Hermes I Ticketing Pvt Limited. The Website is a Trademark/Copyright
of Hermes I Ticketing Private Ltd.
In order to use Website, you must first read and accept the terms of this license.
- The Company is engaged in the business of organizing, tour operators, daily passenger
service operators, travelling agent for booking and reserving accommodations, seats,
berths, compartments, coupes, complete bogies on railways, motor ships, motor boats,
airplanes, steamships, motor bus and omnibuses; vehicle booking agent, hotel booking
agents and other related business.
- The USER is engaged in the business of organizing, tours vehicle booking agent,
hotel booking agents and other related business.
- The Company has developed its official website namely agent.thesmartshop.in has the features or offers (for example, flights, hotels, packages
- The USER has approached the Company and requested the Company to provide service
to the USER intending to purchase or inquiring for any products and/ or services
of the Company by using Company's websites or using any other customer interface
channels of Company which includes its sales persons, offices, call centers, advertisements,
information campaigns etc. to permit them to use of the website.
- The Company accepted the offer of User and wishes to have a business relationship
as subject to the following terms and conditions.
NOW THEREFORE IN CONSIDERATION OF THE PREMISE AND THE MUTUAL RIGHTS AND OBLIGATIONS
HEREIN SET FORTH, THE PARTIES HERETO AGREE AS FOLLOWS:
Read it carefully before completing the login process and using the website. It
provides a license to access and use the website and contains warranty information
and liability disclaimers. By selecting the login now button and/or using the website,
you are confirming your acceptance of the website access and agreeing to become
bound by the terms of this agreement. If you do not agree to be bound by these terms,
then do not login or use the website. In order to use this website, you must first
read and accept the terms of this license.
- SCOPE OF THE AGREEMENT:
- TERM AND TERMINATION:
- USER’S RESPONSIBILITY OF CONGNIZANCE OF THIS AGREEMENT:
- FEES PAYMENT:
- USAGE OF MOBILE NUMBER OF THE USER BY THE COMPANY:
- CONTESTS AND INTERACTIONS:
- PERSONAL AND NON-COMMERCIAL USE LIMITATION:
- RIGHT TO CANCELLATION BY THE COMPANY IN CASE OF INVALID INFORMATION
FROM THE USER:
- PRIVACY AND SECURITY:
- DISCLAIMER OF WARRANTY:
- LIMITATION OF LIABILITY:
- RIGHT TO REFUSE:
- FORCE MAJURE:
- VISA OBLIGATIONS OF THE USER:
- HEADINGS AND SUBHEADINGS:
- UPDATION OF THE INFORMATION BY THE COMPANY:
- NO WAIVER:
- AMENDMENTS AND MODIFICATIONS:
- GOVERNING LAWS AND ARBITRATION:
Unless the contrary intention appears:
- a reference to:
- an agreement / document / undertaking / deed / instrument / indenture / writing
includes all amendments made thereto from time to time as also all schedules, annexure
and appendices thereto;
- an “amendment” includes a supplement, modification, novation, replacement or re-enactment
and "amended" is to be construed accordingly;
- "authorization" includes an authorization, consent, clearance, approval, permission,
resolution, license, exemption, filing and registration;
- “Encumbrance” includes a mortgage, charge, lien, pledge, hypothecation, security
interest or any lien or any right of any description whatsoever;
- “person” includes an individual, statutory corporation, body corporate, partnership,
joint venture, association of persons, Hindu Undivided Family (HUF), societies (including
co-operative societies), trust, unincorporated organization, government (central,
state or otherwise), sovereign state, or any agency, department, authority or political
subdivision thereof, international organization, agency or authority (in each case,
whether or not having separate legal personality) and shall include their respective
successors and assigns and in case of an individual shall include his legal representatives,
administrators, executors and heirs and in case of a trust shall include the trustee
or the trustees for the time being;
- “law” includes any constitution, statute, law, rule, regulation, ordinance, judgement,
order, decree, authorisation, or any published directive, guideline, requirement
or governmental restriction having the force of law, or any determination by, or
interpretation of any of the foregoing by, any judicial authority, whether in effect
as of the date of the Facility User Agreement or thereafter and each as amended
from time to time;
- The words “include” or “including” shall be construed without limitation;
- ) a gender shall include references to the female, male and neuter genders;
- a "month" is a reference to a period starting on one day in a calendar month and
ending on the date immediately before the numerically corresponding day in the next
calendar month, except that if there is no numerically corresponding day in the
month in which that period ends, that period shall end on the last day in that calendar
- The singular includes the plural (and vice versa);
- "Content" means the text, documents, information, data, articles, images, photographs,
graphics, software, applications, video recordings, audio recordings, sounds, designs,
features, and other materials that are available on the Site.
- "Content" also includes Marks and Products and Services.
- "Mark" means trademark, trade name, service mark, trade dress, logo, custom graphics,
- "Member" means an individual who has registered with the Site. Members choose a
Member ID and a password.
- "Member ID" means the e-mail address you use (with your password) to login to the
- "Hermes" or "we" and its subsidiaries and affiliates.
- "Products and Services" means the airline travel, hotel accommodation, car rental
, ground transportation, tours, theater tickets, attractions, travel insurance,
care alerts, fare alerts and other items available through the Site.
- "Provider" means Hermes's licensors, suppliers, information providers, and travel
and leisure service providers.
- "Purchase" means to book, reserve, or purchase. The terms "Site", "Marks", "Content"
and "Products and Services" do not include the sites, marks, content, products or
services that are provided by third parties, and that are available through a link
from the Site. Their use is subject to the terms set forth by their respective owners
or operations, on the third party's website.
- "website" means the agent.thesmartshop.in website,
and their respective subsites, together with the respective Content, Marks, Products
and Services available from these sites and subsites.
- “Confidential Information” means any and all information in whatever form whether
disclosed orally or in writing or whether eye readable, machine readable or in any
other form including, without limitation, the form, materials and design of any
relevant equipment or any part thereof, the methods of operation and the various
applications thereof, processes, formulae, plans, strategies, data, know¬how, designs,
photographs, drawings, specifications, technical literature and any other material
made available by one Party to the other Party or gained by the visit by one Party
to any establishment of the other Party whether before or after this Agreement is
entered into, for the purpose of considering, advising in relation to or furthering
the negotiations (and any information derived from such information).
- SCOPE OF THE AGREEMENT:
- The Company agrees to permit the User to register its details in the Company’s website.
The user shall choose a password and shall maintain the confidentiality of the password
and account. The user is fully responsible for all activities that occur while using
their password or account. It is the duty of the user to notify the Company immediately
of any unauthorized use of their password or account or any other breach of security.
The Company will not be liable for any loss that may be incurred by the user as
a result of unauthorized use of their password or account, either with or without
- The Company reserves the right, in its sole discretion, to terminate the access
to any or all Company’s websites or its other sales channels and the related services
or any portion thereof at any time, without notice, for general maintenance or any
reason what so ever.
- In addition to this Agreement, there are certain terms of service (TOS) specific
to the services rendered/ products provided by the Company like the air tickets,
MICE, bus, rail, holiday packages etc. Such TOS will be provided/ updated by the
Company which 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
- Additionally, the Company itself 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, contract of carriage or other rules.
- The Company’s Services are 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 applicable from time to time. For the removal of doubts,
it is clarified that availing of the Services 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 avail the
- The USER agrees that they shall not distribute exchange, modify, sell or transmit
anything from the Company’s website, including but not limited to any text, images,
audio and video, for any business, commercial or public purpose.
- It is agreed between the parties that, as long as the USER comply with the terms
of Use, the Company agrees provide a non–exclusive, non–transferable, limited right
to enter, view and use its website to the USER. The USER agrees not to interrupt
or attempt to interrupt the operation of this website in any manner.
- Access to certain areas of the Company’s website may only be available to registered
members. To become a registered member, the USER shall answer certain questions.
Answers to such questions may be mandatory and/or optional. The USER represents
and warrants that all information’s are true and accurate.
- The products and services displayed on the website may not be available for purchase
in particular country or locality of the USER. The reference to such products and
services on the website does not imply or warrant that these products or services
shall be available at any time in particular geographical location. The User shall
check with local Company’s authorized representative for the availability of specific
products and services in the USER area.
- TERM AND TERMINATION:
- This Agreement shall take effect and become binding upon the Parties immediately
after the party has signed in into the website.
- Notwithstanding anything contained in this Agreement, and without prejudice to its
other rights in law or equity and without any liability and judicial intervention,
this Agreement may be terminated by the Party not in default (the “Non-Defaulting
Party”) by giving a thirty (30) days’ written notice to the Party in default (the
“Defaulting Party”) if any of the following events (hereinafter referred to as an
“Event of Default”) occurs:
- Either Party commits a breach of this Agreement and such breach, if capable of remedy,
is not remedied by the Defaulting Party within the aforesaid thirty (30) days’ notice
- Any change in control of either Party. For the purpose of this sub-clause, the Party
in respect of which a change in control occurs will be deemed to be the Defaulting
- If either Party goes into liquidation (other than a voluntary liquidation for the
purposes of reconstruction and where all the rights and obligations are validly
assigned), administration or receivership or ceases to carry on its business or
is otherwise insolvent or unable to pay its debts on time.
- This Agreement may be terminated by the mutual written consent of the Parties.
- Upon termination of this Agreement for whatever reason, all the rights and obligations
of the Parties hereunder shall cease.
- USER’S RESPONSIBILITY OF CONGNIZANCE
OF THIS AGREEMENT:
- The USER shall download copy/copies of the Content to be used only by USER for your
personal use unless the sub–site you are accessing states that USER may not. By
download any Content from website, the USER shall not remove any copyright or trademark
notices or other notices that go with it.
- The Company agrees to make every effort to ensure that the description and content
on each page of the website is correct, it does not, however, take responsibility
for changes that occur due to human, data entry errors or for any loss or damages
suffered by any user due to any information contained herein. Also, the Company
does not own or operate airlines and other suppliers and cannot therefore control
or prevent changes in the published descriptions. The Company reserves the right
to make such changes and in the event of USER placing an order with the Company
or choosing to avail the services, the same will be communicated to USER before
the confirmation invoice is made.
- The USER should not take any action based on information on the website until received
a confirmation of the transaction. The Company shall send confirmations within 24
hours of Purchase. If you have not received a confirmation of the purchase via e-mail,
(check in "spam" or "junk" folder to verify that it has not been misdirected), and
if still not found, USER shall contact customer service department of the Company.
- The Company agrees to take all measures to exclude viruses from the website, but
cannot ensure that the website will be at all times free from viruses or other destructive
software. The USER shall take appropriate safeguards before downloading information
from the website. The Company shall not hold any responsibility for any damages
to computer equipment or other property that may result from use of the Site or
downloading anything from the website.
- It is agreed between the parties that, although most travel, including travel to
international destinations is completed without incident; travel to certain destinations
may involve greater risks than others. The USER shall review and evaluate travel
prohibitions, warning, announcements, and advisories issued by the government and
the aviation administration before booking travel to international destinations.
By offering for sale travel to particular international destinations, the Company
does not represent or warrant that travel to such point is advisable or without
risk. The Company does not accept liability for damages, losses, or delays that
may result from improper documents for entry, exit, length of stay, or from travel
to such destinations.
- The Company’s websites may contain links to other websites. The linked sites are
not under the control of the Company and hence, the Company is not responsible for
the content of any linked site, or any changes and updates to a linked site. The
Company is providing these links to the USER only as a convenience, and the inclusion
of any link does not entail endorsement by the Company of the site or any association
with its operators or owners.
- The Company shall allow links from a third party site to the home page of the website,
through a plain text link, provided that USER shall:
- Give prior written notice to the Company.
- Discontinue providing a link to our Site if so requested by the Company.
- Not imply in any fashion that Company is endorsing any of products or service or
is affiliated with the USER.
- Not to present the Company in a false light, or provide misleading or false information
about the Company, or its website or Services.
- Not remove or obscure the copyright notices, or other notices on the website.
- Not use any Mark of the Company; and
- Not replicate, frame or mirror the content of the website.
- The Company reserves the right to compel the USER to remove links to the website,
in its sole discretion. Linking to any page of the website other than to the homepage
is strictly prohibited in the absence of a separate linking agreement with the Company.
- The Company acts only as a booking agent, it accepts no liability whatsoever for
any part of the arrangements between the supplier and the customer with regard to
the standard of service. In no circumstances the Company shall be liable for the
services provided by the supplier/third party.
- If the website contains bulletin boards, chat rooms, access to mailing lists or
other message or communication facilities, the USER agrees to use the same only
to send and receive messages and materials that are proper and related thereto.
The USER agrees that when using the website or any facility available there from,
shall not do any of the following:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such
as rights of privacy and publicity) of others.
- Publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent
or unlawful material or information.
- Upload or attach files that contain software or other material protected by intellectual
property laws (or by rights of privacy and publicity) unless the User owns or controls
the rights thereto or has received all consents therefor as may be required by law
- Upload or attach files that contain viruses, corrupted files or any other similar
software or programs that may damage the operation of another’s computer.
- Delete any author attributions, legal notices or proprietary designations or labels
in any file that is uploaded.
- Falsify the origin or source of software or other material contained in a file that
- Advertise or offer to sell any goods or services, or conduct or forward surveys,
contests or chain letters, or download any file posted by another user of a Forum
that the User knows, or reasonably should know, cannot be legally distributed in
- The USER agrees that, they shall not post or transmit any defamatory, libelous,
obscene, pornographic, profane, threatening or unlawful material or any material
that could constitute or encourage conduct that would be considered a criminal offense
or give rise to civil liability, or otherwise violate any law. The Company assumes
no liability or responsibility arising from the contents of any communications containing
any defamatory, erroneous, inaccurate, libelous, obscene or profane material. The
Company may change, edit, or remove any user material or conversations that are
illegal, indecent, obscene or offensive, or that violates the Company’s policies
in any manner way.
- The Company agrees to fully cooperate with any law enforcement authorities or court
order requesting or directing the Company to disclose the identity of anyone posting
- Any communications or materials send by the USER to the website by electronic mail
or otherwise, including any comments, data, questions, suggestions or the like,
all such communications are, and will be treated by the Company, as non–confidential.
The USER hereby give up any and all claim that any use of such material violates
any of rights including moral rights, privacy rights, proprietary or other property
rights, publicity rights, rights to credit for material or ideas, or any other right,
including the right to approve the way the Company uses such material. Further,
any material submitted to this Site may be adapted, broadcast, changed, copied,
disclosed, licensed, performed, posted, published, sold, transmitted or used by
- It is agreed between the parties that, all materials on website, including but not
limited to audio, images, software, text, icons and such like (the “Content”), are
protected by copyright under international conventions and copyright laws. The USER
shall not use the Content, except as specified therein. The USER agrees to follow
all instructions on website limiting the way USER may use the Content. The website
is the sole and exclusive property of the Company or its licensors. The Company
and its licensors retain all right, title and interest (including all copyright,
trademark, patent, trade secrets, and all other intellectual property rights) in
the website. The website is protected by copyright, trademark, patent, trade secrets,
unfair competition, and other laws of worldwide, through the application of local
laws or international treaties. Any unauthorized use, reproduction or modification
of the website may violate such laws.
- There are a number of proprietary logos, service marks and trademarks found on website
whether owned/used by the Company or otherwise. By displaying them on the website,
the Company is not granting the USER any license to utilize those proprietary logos,
service marks, or trademarks. Any unauthorized use of the Content may violate copyright
laws, trademark laws, the laws of privacy and publicity, and civil and criminal
- FEES PAYMENT:
- The Company reserves the right to charge listing fees for certain listings, as well
as transaction fees based on certain completed transactions using the services.
The Company further reserves the right to alter any and all fees from time to time,
without notice. The User shall be completely responsible for all charges, fees,
duties, taxes, and assessments arising out of the use of the services.
- In case, there is a short charging by the Company for listing, services or transaction
fee or any other fee or service because of any technical or other reason, it reserves
the right to deduct/charge/claim the balance subsequent to the transaction at its
- In the rare possibilities of the reservation not getting confirmed for any reason
whatsoever, the Company shall process the refund and intimate the USER of the same.
The Company is not under any obligation to make another booking in lieu of or to
compensate/ replace the unconfirmed one. All subsequent further bookings will be
treated as new transactions with no reference to the earlier unconfirmed reservation.
- USAGE OF MOBILE NUMBER OF THE USER BY
THE COMPANY: The Company agrees to send booking confirmation & itinerary information
& update the USER on the booking status and any further itinerary information via
SMS (short messaging service) on the mobile number given by the USER at the time
of booking. The USER hereby unconditionally consents such intimation via SMS by
the Company in accordance with the 'Do not disturb' guidelines of Telecom Regulatory
Authority of India (TRAI) or such other authority in India and abroad.
- CONTESTS AND INTERACTIONS:
The website shall contain contests which require USER to send in material or information
about the USER or offer prizes. Each contest has its own rules, which USER shall
read and agree to before participation.
- PERSONAL AND NON-COMMERCIAL USE LIMITATION:
Unless otherwise specified, the Company services are for the User's personal and
non - commercial use. The User 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 Company’s
website(s) without the express written approval from the Company.
- RIGHT TO CANCELLATION BY THE COMPANY
IN CASE OF INVALID INFORMATION FROM THE USER:
- The USER expressly undertakes to provide to the Company only correct and valid information
while requesting for any services under this agreement, and not to make any misrepresentation
of facts at all. Any default on part of the User would vitiate this agreement and
shall disentitle the User from availing the services from the Company.
- In case if the Company discovers or has reasons to believe at any time during or
after receiving a request for services from the USER that the request for services
is either unauthorized or the information provided by the USER or any of them is
not correct or that any fact has been misrepresented by them, the Company in its
sole discretion shall have the unrestricted right to take any steps against the
User(s), including cancellation of the bookings, etc. without any prior intimation
to the User. In such an event, the Company shall not be responsible or liable for
any loss or damage that may be caused to the USER or any of them as a consequence
of such cancellation of booking or services.
- The User unequivocally indemnifies the Company of any such claim or liability and
shall not hold the Company responsible for any loss or damage arising out of measures
taken by Company for safeguarding its own interest and that of its genuine customers.
This would also include Company denying/cancelling any bookings on account of suspected
- PRIVACY AND SECURITY:
The user hereby consents, expresses and agrees that they have read and fully understands
- DISCLAIMER OF WARRANTY:
- The Company and its Providers make no warranty of any kind regarding the website,
Content, Products or Services, all of which are provided on an "as is" basis. The
Company and its Providers expressly disclaim any representation or warranty that
the website will be free from errors, viruses or other harmful components, that
communications to or from the website will be secure and not intercepted, that the
Services and other capabilities offered from the website will be uninterrupted,
or that its Content will be accurate, complete or timely. The fact that the Company
is including or offering any Product or Service on the website is not an endorsement
or a recommendation of the Product or Service.
- Other than those warranties which, under the laws applicable to these terms, are
implied by laws, and are incapable of exclusion, restriction or modification, the
Company and its providers expressly disclaim all warranties and conditions, including
implied warranties and conditions of merchantability, fitness for a particular purpose,
title, non-infringement, and those arising by statute or otherwise in law or from
a course of dealing or usage of trade.
- LIMITATION OF LIABILITY:
- Subject to applicable law, use of the website and its Content is at your sole risk.
Services and Products made available on this Site are subject to conditions imposed
by the Providers, including but not limited to tariffs, conditions of carriage,
international conventions and arrangements, and federal government regulations.
Providers who furnish products or services through this Site are independent contractors,
and not agents or employees of the Company.
- In no event the Company or its providers be liable to any party for any direct,
indirect, special or other consequential damages for any use of this site, any hyper
linked web site, the acts or omissions of providers who furnish products or services
through this site, or the products or services offered by providers through this
site, including, without limitation, whether based in contract, tort, negligence,
strict liability or otherwise, that arises out of or is in any way connected with(i)
any use of, browsing or downloading of any part of our site or content, (ii) any
failure or delay (including without limitation the use of or inability to use any
component of this site for reservations or ticketing), or (iii) the performance
or non performance by us or any provider, or (iv) any damages or injury caused by
any failure of performance, error, omission, interruption, deletion, defect, delay
in operation or transmission, computer virus, communication line failure, theft
or destruction or unauthorized access to, alteration of, or use of record, even
if the Company and the provider(s) have been advised of the possibility of damages
to such parties or any other party.
- Each of the Parties recognizes, accepts and agrees that all information obtained
or disclosed, including but not limited to all data, documents, applications, papers,
statements, slips, programmes, plans and/or any business/ customer information,
marketing strategies/plans and any and all other trade secrets, confidential knowledge
or information of either Party relating to its business, practices and procedures
(hereinafter collectively referred to as “Information”) which may be provided or
communicated by such Party to the other Party in connection with this Agreement
and/or in the course of performance under this Agreement, is, shall be and shall
remain the sole property of the Party providing such Information and shall be of
a strictly private and confidential nature and shall be treated as confidential
by the other Party.
- During the term of this Agreement and thereafter, neither Party shall not make use
of any such Information for any purpose whatsoever which is not necessary for the
discharge of its obligations under this Agreement, or to the disadvantage of the
Party providing such Information, nor shall the Party receiving such Information
divulge it to any one other than the Party providing the Information or persons
designated by such Party.
- All Information shall be returned forthwith by the Party receiving such Information
to the Party providing the Information on the expiry or termination of this Agreement:
- Provided that the Party receiving such Information shall, upon demand by the Party
providing it at any time during the term of this Agreement, return to the Party
providing it, any and all Information.
The obligations of each of the Parties contained in this clause shall continue for
the term of this Agreement and five (5) years after the termination of this Agreement
but shall not apply to any Information which: (a) is or hereafter comes into the
public domain otherwise than through a breach by any Party of its obligations under
this Agreement; (b) is, at the time of disclosure, already known to the Party receiving
the Information as evidenced by such Party’s written documentation; (c) is independently
developed by employees of the Party receiving the Information who have not had access
to or received any such Information under this Agreement; or (d) is required to
be disclosed for the purpose of providing Assistance hereunder subject to the other
Party’s prior consent to the same:
Provided, however, that nothing contained in this clause shall prevent any Party
from disclosing such Information to the extent required in or in connection with
legal proceedings arising out of this Agreement or any matter relating to or in
- Neither Party shall issue any public statement concerning these arrangements or
disclose the contents hereof or matters related thereto to the public or any third
party except with the express prior written approval of the other Party or except
as required under applicable law.
- The provisions of this clause shall survive the termination or expiry of this Agreement.
Unless explicitly provided by the Company in any specific service or deliverable,
obtaining sufficient insurance coverage is the obligation/option of the user and
the Company doesn't accept any claims arising out of such scenarios. Insurance,
if any provided as a part of the service/ product by the Company 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 the Company shall not provide any
express or implied undertakings for acceptance of the claims by the insurance company.
- RIGHT TO REFUSE:
- The Company at its sole discretion reserves the right to not to accept any customer
order without assigning any reason thereof. Any contract to provide any service
by the Company is not complete until full money towards the service is received
from the customer and accepted by Company.
- Without prejudice to the other remedies available to the Company under this agreement,
the TOS or under applicable law, the Company 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:
- The user is in breach of this agreement, the TOS and/or the documents it incorporates
- The Company is unable to verify or authenticate any information provided by the
- The Company 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 the Company.
- The Company may at any time in its sole discretion reinstate suspended users. Once
the user have been indefinitely suspended the user shall not register or attempt
to register with the Company or use the website in any manner whatsoever until such
time that the user is reinstated by the Company.
- Notwithstanding the foregoing, if the USER breaches this agreement, the TOS or the
documents it incorporates by reference, the Company reserves the right to recover
any amounts due and owing by the user to the Company and/or the service provider
and to take strict legal action as the Company deems necessary.
- FORCE MAJURE:
- 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 the Company 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 the Company 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
- The User agrees that in situations due to any technical or other failure In the
Company, services committed earlier may not be provided or may involve substantial
modification. In such cases, the Company 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 the Company against such non-provision of services or deficiencies. Additional
liabilities, if any, shall be borne by the User.
- The Company 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.
- Without prejudice to whatever is stated above, the maximum liability on part of
the Company 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 loss, damage or additional
expense whatsoever beyond the amount charged by the Company for its services.
- In no event shall the Company and/or its suppliers be liable for any direct, indirect,
punitive, incidental, special, consequential damages or any damages whatsoever 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 Company website(s) or any
other channel . Neither shall Company be responsible for the delay or inability
to use the Company websites or related services, the provision of or failure to
provide services, or for any information, software, products, services and related
graphics obtained through the Company website(s), or otherwise arising out of the
use of the Company website(s), whether based on contract, tort, negligence, strict
liability or otherwise.
- The Company is not responsible for any errors, omissions or representations on any
of its pages or on any links or on any of the linked website pages.
- VISA OBLIGATIONS OF THE USER:
The travel bookings done by the Company are subject to the applicable requirements
of Visa which are to be obtained by the individual traveler. The Company is not
responsible for any issues, including inability to travel, arising out of such Visa
requirements and is also not liable to refund for the untraveled bookings due to
any such reason.
The USER agrees to indemnify, defend and hold harmless the Company and/or its affiliates,
their websites and their respective lawful successors and assigns from and against
any and all losses, liabilities, claims, damages, costs and expenses (including
reasonable legal fees and disbursements in connection therewith and interest chargeable
thereon) asserted against or incurred by the Company and/or its affiliates, partner
websites and their respective lawful successors and assigns 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. The user shall be solely and exclusively liable for any breach
of any country specific rules and regulations or general code of conduct and Company
cannot be held responsible for the same.
- HEADINGS AND SUBHEADINGS:
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, terms and conditions, notices, or the right to use
this website by the User contained herein or any other section or pages of the Company
websites or its partner websites or any provision hereof in any manner whatsoever.
In the event that any of the terms, conditions, and notices contained herein conflict
with the Additional Terms or other terms and guidelines contained within any particular
the Company website, then these terms shall control.
None of the provisions of any 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 Company websites or its partner websites, shall be deemed to constitute a partnership
between the User and the Company and no party shall have any authority to bind or
shall be deemed to be the agent of the other in any way
All notices required or permitted hereunder shall be in writing and in the English
language and shall be sent by internationally recognized courier or by facsimile
transmission (with confirming facsimile receipt) addressed to the address of each
Party set forth below, or to such other address as such other Party shall have communicated
to the other Party in writing. Notice shall be deemed to have been served when received
(and in case of a facsimile transmission, provided that a confirming copy is sent
to the other Party, in accordance with the non-facsimile notice delivery requirements).
If to : Hermes I Tickets Private Limited
Sai Krupa, Plot No 30A,
(South Phase) First Floor, SIDCO Thiru-Vi-Ka Industrial Estate,
Chennai 600 032,
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.
- UPDATION OF THE INFORMATION BY THE COMPANY:
The User acknowledges that the Company provides services with reasonable diligence
and care. It endeavors its best to ensure that User does not face any inconvenience.
However, at some times, the information, software, products, and services included
in or available through the Company websites or other sales channels and ad materials
may include inaccuracies or typographical errors which will be immediately corrected
as soon as the Company notices them. Changes are/may be periodically made/added
to the information provided such. The Company may make improvements and/or changes
in the Company websites at any time without any notice to the User. Any advice received
except through an authorized representative of the Company via the Company websites
should not be relied upon for any decisions.
- NO WAIVER:
Save where this Agreement expressly provides, neither Party shall be deemed to have
waived any right, power, privilege or remedy under this Agreement unless such Party
shall have delivered to the other Party a written waiver signed by an authorised
officer of such waiving Party. No failure or delay on the part of either Party in
exercising any right, power, privilege or remedy hereunder shall operate as a waiver,
default or acquiescence thereof, nor shall any waiver on the part of either Party
of any right, power, privilege or remedy hereunder operate as a waiver of any other
right, power, privilege or remedy, nor shall any single or partial exercise of any
right, power, privilege or remedy hereunder preclude any other or further exercise
thereof or the exercise of any other right, power, privilege or remedy hereunder.
- AMENDMENTS AND MODIFICATIONS:
The Company reserves the right to change the terms, conditions, and notices under
which the Company websites are offered, including but not limited to the charges.
The User is responsible for regularly reviewing these terms and conditions.
- GOVERNING LAWS AND ARBITRATION:
Any dispute, difference, controversy or claim (“Dispute”) arising between the Parties
out of or in relation to or in connection with this Agreement, of the breach, termination,
effect, validity, interpretation or application of this Agreement or as to their
rights, duties or liabilities thereunder, or as to any act, matter or thing arising
out of, consequent to or in connection with this Agreement, shall be settled by
the Parties by mutual negotiations and agreement. If, for any reason, such Dispute
cannot be resolved amicably by the Parties, the same shall then be referred to and
settled by way of arbitration proceedings in accordance with the Arbitration and
Conciliation Act, 1996 or any subsequent enactment or amendment thereto (the “Arbitration
Act”). A sole Arbitrator shall be appointed by the Company. The decision of the
Arbitrator shall be final and binding upon the Parties. The venue of arbitration
proceedings shall be Chennai. The language of the arbitration and the award shall
be English. This Agreement shall be construed in accordance with the law of India.
The Company hereby expressly disclaims any implied warranties imputed by the laws
of any jurisdiction or country other than those where it is operating its offices.
The Company considers itself and intends to be subject to the jurisdiction only
of the courts of Chennai, India.
- This Agreement represent the entire Agreement between the Parties as to the subject
matter hereof and supersede all prior understandings between the Parties on the
- No amendments and/or modifications to this Agreement shall be valid unless executed
in writing and signed by authorized persons of the both Parties.
- Termination of this Agreement for any cause whatsoever shall not release a Party
from any liability which, at the time of termination, has already accrued to the
other Party or which may thereafter accrue in respect of any act or omission prior
to such termination.
- Article headings are inserted for convenience of reference only and shall not be
deemed to affect the interpretation of this Agreement or of any clause.
- Each Party shall co-operate with the other and execute and deliver to the other
such instruments and documents and take such other actions as may be reasonably
requested from time to time in order to carry out, give effect to and confirm their
rights and the intended purpose of this Agreement.
- No remedy conferred by any of the provisions of this Agreement is intended to be
exclusive of any other remedy which is otherwise available at law, in equity, by
statute or otherwise, or any other remedy given hereunder or now or hereafter existing
at law, in equity, by statute, or otherwise, except as stated to the contrary in
this Agreement. The election of any one or more of such remedies by any of the Parties
hereto shall not constitute a waiver by such Party of the right to pursue any other
- The provisions of the following clauses of this Agreement shall survive the termination
or expiry hereof: