TERMS OF SERVICE AGREEMENT
LAST REVISION: 24th November, 2016
PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS SERVICE OR ORDERING PRODUCTS FROM THIS SERVICE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
These Terms of Service ("Terms") apply to your access and use of the mobile application (the "App"), website, and other online products and services (collectively, the "Service") of TripMyWay, owned and operated by Ithaka Tales Private Limited – incorporated in India (" TripMyWays," “TripMyWay,” “Ithaka Tales,” "we," "us" or "our").
Accepting These Terms by DOWNLOADING THE APP OR OTHERWISE ACCESSING OR USING SERVICE, YOU AGREE TO BE BOUND BY ALL OF THESE TERMS BELOW. Please read all of the terms before you use the Service. If a term does not make sense to you, please let us know. If you don’t agree to all of the terms below, you may not use the Service.
This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. TripMyWay reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Service. TripMyWay will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Service. Your use of the Service following the posting any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. TripMyWay encourages you to review this Agreement whenever you access the Service to make sure that you understand the terms and conditions governing use of the Service. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with TripMyWay for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Service. If you would like to print this Agreement, please click the print button on your browser toolbar.
Terms of Offer. This Service may offer sale of certain products (the "Products"). By placing an order for Products through the App, you agree to the terms set forth in this Agreement.
Customer Solicitation: Unless you notify our third party call center reps or direct TripMyWay sales reps, while they are calling you, of your desire to opt out from further direct company communications and solicitations, you are agreeing to continue to receive further emails and call solicitations TripMyWay and its designated in house or third party call team(s).
Opt Out Procedure: We provide 3 easy ways to opt out of from future solicitations. 1. You may use the opt out link found in any email solicitation that you may receive. 2. You may also choose to opt out, via sending your email address to: email@example.com.
3. You may send a written remove request to:
Ithaka Tales Private Limited
204, block 1, Rangoli Gardens,
Maharana Pratap Marg,
Panchyawala, Jaipur - 302034
Proprietary Rights. TripMyWay has proprietary rights and trade secrets in the Products. You may not copy, reproduce, resell or redistribute any Product manufactured and/or distributed by TripMyWay. TripMyWay also has rights to all trademarks and trade dress and specific layouts of this webpage, including calls to action, text placement, images and other information.
Sales Tax. If you purchase any Products, you will be responsible for paying any applicable sales tax.
Content; Intellectual Property; Third Party Links. In addition to making Products available, this Service also offers information and marketing materials. This Service also offers information, both directly and through indirect links to third-party websites, about heritage and travel. TripMyWay does not always create the information offered on this Service; instead the information is often gathered from other sources. To the extent that TripMyWay does create the content on this Service, such content is protected by intellectual property laws of the India, foreign nations, and international bodies. Unauthorized use of the material may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this Service is for personal, noncommercial use. Any links to third-party websites are provided solely as a convenience to you. TripMyWay does not endorse the contents on any such third-party websites. TripMyWay is not responsible for the content of or any damage that may result from your access to or reliance on these third-party websites. If you link to third-party websites, you do so at your own risk.
Use of Service; TripMyWay is not responsible for any damages resulting from use of this Service by anyone. You will not use the service for illegal purposes. You will (1) abide by all applicable local, state, national, and international laws and regulations in your use of the Service (including laws regarding intellectual property), (2) not interfere with or disrupt the use and enjoyment of the Service by other users, (3) not resell material on the Service, (4) not engage, directly or indirectly, in transmission of "spam", chain letters, junk mail or any other type of unsolicited communication, and (5) not defame, harass, abuse, or disrupt other users of the Service
License. By using this Service, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Service in connection with your normal, noncommercial, use of the Service. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from TripMyWay or the applicable third party (if third party content is at issue).
Posting. By posting, storing, or transmitting any content on the Service, you hereby grant TripMyWay a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world. TripMyWay does not have the ability to control the nature of the user-generated content offered through the Service. You are solely responsible for your interactions with other users of the Service and any content you post. TripMyWay is not liable for any damage or harm resulting from any posts by or interactions between users. TripMyWay reserves the right, but has no obligation, to monitor interactions between and among users of the Service and to remove any content TripMyWay deems objectionable, in Ithaka Tale’s sole discretion.
III. DISCLAIMER OF WARRANTIES
YOUR USE OF THIS SERVICE AND/OR PRODUCTS ARE AT YOUR SOLE RISK. THE SERVICE AND PRODUCTS ARE OFFERED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TRIPMYWAY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TRAVEL FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE PRODUCTS OR SERVICE CONTENT, OR ANY RELIANCE UPON OR USE OF THE SERVICE CONTENT OR PRODUCTS. ("PRODUCTS" INCLUDE TRIAL PRODUCTS.)
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TRIPMYWAY MAKES NO WARRANTY:
THAT THE INFORMATION PROVIDED ON THE SERVICE IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.
THAT THE LINKS TO THIRD-PARTY SERVICES ARE TO INFORMATION THAT IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THIS SERVICE TRIPMYWAY WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS OR THAT DEFECTS IN PRODUCTS WILL BE CORRECTED.
REGARDING ANY PRODUCTS PURCHASED OR OBTAINED THROUGH THE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
IV. LIMITATION OF LIABILITY
TRIPMYWAY ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHWERWISE, WITH RESPECT TO THE SERVICE CONTENT AND PRODUCTS AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID, LESS SHIPPING AND HANDLING, FOR PRODUCTS PURCHASED VIA THE SERVICE.
TRIPMYWAY WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR THE PRODUCTS IN ANY MANNER, INCLUDING LIABILITIES RESULTING FROM (1) THE USE OR THE INABILITY TO USE THE SERVICES, CONTENT OR PRODUCTS; (2) THE COST OF PROCURING SUBSTITUTE PRODUCTS OR CONTENT; (3) ANY PRODUCTS PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE; OR (4) ANY LOST PROFITS YOU ALLEGE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You will release, indemnify, defend and hold harmless TRIPMYWAY and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising out of (1) this Agreement or the breach of your warranties, representations and obligations under this Agreement; (2) the Service or your use of the Service content; (3) the Products or your use of the Products (including Trial Products); (4) any intellectual property or other proprietary right of any person or entity; (5) your violation of any provision of this Agreement; or (6) any information or data you supplied TripMyWay. When TripMyWay is threatened with suit or sued by a third party, TRIPMYWAY may seek written assurances from you concerning your promise to indemnify TripMyWay; your failure to provide such assurances may be considered by TripMyWay to be a material breach of this Agreement. TripMyWay will have the right to participate in any defense by you of a third-party claim related to your use of any of the Service, content or Products, with counsel of TripMyWay choice at its expense. TripMyWay will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend TripMyWay against any claim, but you must receive TripMyWay prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Service or Products.
VI. AGREEMENT TO BE BOUND
By using this Service or ordering Products, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Service.
Force Majeure. TripMyWay will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.
Cessation of Operation. TripMyWay may at any time, in its sole discretion and without advance notice to you, cease operation of the Service and distribution of the Products.
Entire Agreement. This Agreement comprises the entire agreement between you and TripMyWay and supersedes any prior agreements pertaining to the subject matter contained herein.
Effect of Waiver. The failure of TripMyWay to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
Governing Law; Companies Act, 2015. This Service originates from India. This Agreement will be governed by the laws of India without regard to its conflict of law principles to the contrary. Neither you nor TripMyWay will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in State of Rajasthan. By using this Service or ordering Products, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.
Statute of Limitation. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or Products or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Waiver of Class Action Rights. BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHER IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.
Termination. TripMyWay reserves the right to terminate your access to the Service if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Service and TripMyWay may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products. If your access to the Service is terminated, TripMyWay reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Service. This Agreement will survive indefinitely unless and until TripMyWay chooses, in its sole discretion and without advance to you, to terminate it.
Domestic Use. TripMyWay makes no representation that the Service or Products are appropriate or available for use in locations outside India. Users who access the Service from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.
Assignment. You may not assign your rights and obligations under this Agreement to anyone. TripMyWay may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.
BY USING THIS SERVICE OR ORDERING PRODUCTS FROM THIS SERVICE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
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