Terms of Use | IndiaTravelbay - Legal Information & Policies

1. Acceptance of Terms

By accessing or using IndiaTravelbay's website, mobile applications, or any other features, technologies, or functionalities offered by IndiaTravelbay (collectively, the 'Services'), you acknowledge that you have read, understood, and agree to be bound by these Terms of Use. If you are using our Services on behalf of a company, organization, or other entity, you represent and warrant that you have the authority to bind that entity to these Terms of Use, and 'you' refers to both you individually and that entity. If you do not agree with these Terms of Use, you must not access or use our Services.

2. Modifications to Terms

IndiaTravelbay reserves the right to modify these Terms of Use at any time at our sole discretion. Any changes will be effective immediately upon posting the revised Terms of Use on our website. Your continued use of our Services following the posting of revised Terms of Use constitutes your acceptance of such changes. We will make reasonable efforts to notify users of material changes by posting a notice on our website or sending an email to the email address associated with your account. It is your responsibility to review these Terms of Use periodically.

3. Eligibility

You must be at least 18 years old to use our Services. By using our Services, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms of Use. If you are using our Services on behalf of a minor, you must be the legal guardian of that minor and take full responsibility for their compliance with these Terms of Use. IndiaTravelbay reserves the right to request proof of age and identity at any time.

4. Account Registration and Security

To access certain features of our Services, you may need to create an account. When registering for an account, you must provide accurate, current, and complete information. You are solely responsible for maintaining the confidentiality of your account credentials, including your username and password. You agree to notify IndiaTravelbay immediately of any unauthorized use of your account or any other breach of security. IndiaTravelbay will not be liable for any loss or damage arising from your failure to protect your account credentials. You are fully responsible for all activities that occur under your account.

5. User Conduct

When using our Services, you agree not to: (a) violate any applicable law, regulation, or third-party rights; (b) use our Services for any illegal, harmful, or unauthorized purpose; (c) interfere with or disrupt the operation of our Services or servers; (d) attempt to gain unauthorized access to any portion of our Services or any related systems; (e) use any automated means to access our Services without our express permission; (f) impersonate any person or entity or misrepresent your affiliation with a person or entity; (g) transmit any viruses, malware, or other harmful code; (h) collect or harvest any information about other users without their consent; (i) post, upload, or share content that is unlawful, defamatory, obscene, pornographic, invasive of privacy, or otherwise objectionable; or (j) engage in any activity that could damage, disable, or impair the functionality of our Services.

6. Booking and Reservation Policies

IndiaTravelbay facilitates travel bookings and reservations through our Services. All bookings are subject to availability, pricing at the time of booking, and the terms and conditions of the third-party travel providers (airlines, hotels, tour operators, etc.). When making a booking through our Services, you agree to review and comply with the specific terms and conditions of the relevant travel providers. IndiaTravelbay is not responsible for the services provided by these third parties. Prices displayed on our Services are subject to change without notice until a booking is confirmed. You are responsible for ensuring that all travel documentation (passports, visas, etc.) required for your trip is valid and up-to-date. IndiaTravelbay assumes no responsibility for travel disruptions resulting from inadequate travel documentation.

7. Payment Terms

When making a booking through our Services, you agree to pay all fees and charges associated with that booking. Payment must be made using one of our accepted payment methods. All payments are processed securely through our payment processors. By providing your payment information, you represent and warrant that you are authorized to use the designated payment method. IndiaTravelbay reserves the right to verify the validity of your payment method before processing any transaction. All prices displayed on our Services are in the specified currency and may exclude applicable taxes, fees, and charges imposed by travel providers or governmental authorities. These additional amounts will be clearly disclosed before you complete your booking.

8. Cancellation and Refund Policy

Cancellation and refund policies vary depending on the specific travel providers involved in your booking. These policies will be clearly communicated to you before you complete your booking. IndiaTravelbay may charge a service fee for processing cancellations or changes to bookings, which is separate from any fees charged by travel providers. In case of cancellations due to extraordinary circumstances (such as natural disasters or government travel restrictions), the applicable policies of the travel providers will govern any refunds or credits. IndiaTravelbay will make reasonable efforts to assist you in obtaining refunds or credits in accordance with these policies, but we cannot guarantee refunds in all circumstances.

9. Intellectual Property Rights

All content on our Services, including but not limited to text, graphics, logos, images, audio clips, digital downloads, data compilations, and software, is the property of IndiaTravelbay or our content suppliers and is protected by international copyright, trademark, and other intellectual property laws. The compilation of all content on our Services is the exclusive property of IndiaTravelbay and is protected by international copyright laws. You may not reproduce, modify, distribute, display, perform, or create derivative works from any content on our Services without our express written permission. The IndiaTravelbay name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of IndiaTravelbay or our affiliates. You may not use these marks without our prior written permission.

10. User Content

Our Services may allow you to post, upload, or submit content, including reviews, comments, photos, and other materials ('User Content'). By submitting User Content, you grant IndiaTravelbay a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in any media. You represent and warrant that: (a) you own or control all rights to the User Content you submit; (b) all User Content you submit is accurate and not misleading; (c) your User Content does not violate these Terms of Use; and (d) your User Content does not violate any applicable law or infringe upon the rights of any third party. IndiaTravelbay reserves the right to remove any User Content at our sole discretion.

11. Third-Party Links and Services

Our Services may contain links to third-party websites, services, or resources that are not owned or controlled by IndiaTravelbay. We provide these links only as a convenience and are not responsible for the content, products, services, or practices of any third-party websites. You acknowledge and agree that IndiaTravelbay is not responsible or liable for any damage or loss caused by or in connection with your use of any third-party website, service, or resource. Your interactions with these third parties are solely between you and such third parties. We encourage you to review the terms and privacy policies of any third-party websites you visit.

12. Disclaimer of Warranties

YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. EXPEDITIONABROAD EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. EXPEDITIONABROAD DOES NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. EXPEDITIONABROAD DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY OR COMPLETENESS OF ANY CONTENT AVAILABLE THROUGH THE SERVICES, INCLUDING TRAVEL INFORMATION, PRICING, OR AVAILABILITY. ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM EXPEDITIONABROAD OR THROUGH THE SERVICES, WILL NOT CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EXPEDITIONABROAD, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; (C) ANY CONTENT OBTAINED FROM THE SERVICES; (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT; OR (E) ANY TRAVEL SERVICES OR EXPERIENCES BOOKED THROUGH OUR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT EXPEDITIONABROAD HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL EXPEDITIONABROAD'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT PAID BY YOU TO EXPEDITIONABROAD FOR THE SERVICES GIVING RISE TO THE CLAIM, IF ANY.

14. Indemnification

You agree to defend, indemnify, and hold harmless IndiaTravelbay, its officers, directors, employees, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to: (a) your violation of these Terms of Use; (b) your User Content; (c) your use of the Services; or (d) your violation of any rights of a third party. This indemnification obligation will survive the termination of these Terms of Use and your use of our Services.

15. Governing Law and Dispute Resolution

These Terms of Use shall be governed by and construed in accordance with the laws of the jurisdiction in which IndiaTravelbay is headquartered, without regard to its conflict of law provisions. Any dispute arising out of or relating to these Terms of Use or your use of our Services shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The arbitration shall be conducted by a single arbitrator in accordance with the rules of the American Arbitration Association. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Use shall be joined to an arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwise.

16. Class Action Waiver

YOU AND EXPEDITIONABROAD AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and IndiaTravelbay agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

17. Termination

IndiaTravelbay reserves the right to terminate or suspend your account and access to our Services at any time, without notice or liability, for any reason whatsoever, including without limitation if you breach these Terms of Use. Upon termination, your right to use the Services will immediately cease. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

18. Geographic Restrictions

IndiaTravelbay makes no representation that the Services are appropriate or available for use in all locations. Access to the Services from territories where the content or functionality is illegal is prohibited. If you access the Services from outside the country in which IndiaTravelbay operates, you are responsible for compliance with all local laws. IndiaTravelbay reserves the right to limit the availability of the Services to any person, geographic area, or jurisdiction at any time.

19. Force Majeure

IndiaTravelbay shall not be liable for any failure to perform its obligations under these Terms of Use where such failure results from any cause beyond IndiaTravelbay's reasonable control, including, without limitation, natural disasters, pandemics, epidemics, mechanical, electronic or communications failure, acts of terrorism, civil disturbance, or government restrictions. In the event of such a force majeure event, IndiaTravelbay will make reasonable efforts to notify affected users and to minimize the impact of such event.

20. Severability

If any provision of these Terms of Use is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms of Use unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein. The remaining provisions will continue in full force and effect.

21. Entire Agreement

These Terms of Use, together with our Privacy Policy and any other legal notices published by IndiaTravelbay on the Services, constitute the entire agreement between you and IndiaTravelbay concerning the Services. These Terms of Use supersede all prior or contemporaneous communications, proposals, and understandings, whether electronic, oral, or written, between you and IndiaTravelbay with respect to the Services.

22. Waiver

No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and IndiaTravelbay's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

23. Assignment

You may not assign or transfer these Terms of Use, by operation of law or otherwise, without IndiaTravelbay's prior written consent. Any attempt by you to assign or transfer these Terms of Use without such consent will be null and void. IndiaTravelbay may freely assign or transfer these Terms of Use without restriction. Subject to the foregoing, these Terms of Use will bind and inure to the benefit of the parties, their successors, and permitted assigns.

Terms of Use for IndiaTravelbay