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Customer
Seva.com website ("Website") is
an internet based portal owned
and operated by Ajcon IT.com
Limited, a company incorporated
under the laws of India, with
its registered office at 101,
Samarth, P. N. Kotnis Road, Mahim
(w), Mumbai 400 016.
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Through the
Website, Customer Seva shall
provide you ("User") travel-related
information, pricing, availability
and reservations for bus and
car rentals across cities and
rural areas throughout India ("Service"),
as more particularly described
and defined in the terms of service ("TOS") 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").
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This User Agreement ("Agreement") sets
out the terms and conditions
on which Customer Seva 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
TOS for such Service, which may
be updated or modified by Customer
Seva from time to time. Such
TOS 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 prevail.
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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 TOS, as may
be posted on the Website from
time to time. For the removal
of doubts, it is clarified that
use of the Website 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
use the Website.
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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, Bus Operators, Car rental
Companies 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 or contract of carriage.
In the event that any of the
terms, conditions and notices
contained in this Agreement or
the TOS conflict with the additional/other
terms and guidelines specified
by the Service Provider, then
the latter terms/guidelines shall
prevail.
MODIFICATION
OF TERMS
Customer
Seva 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.
PRIVACY
POLICY
The User hereby consents, expresses
and agrees that he has read and fully
understands the Privacy Policy of
Customer Seva in respect of the Website,
The User further consents that the
terms and contents of such Privacy
Policy are acceptable to him.
LIMITED
USER
The User
agrees and undertakes not to sell,
trade or 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 but 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 Customer Seva’s 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.
DISCLAIMER OF WARRANTIES/LIMITATION
OF LIABILITY
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Customer
Seva has endeavored to ensure
that all the information on
the website is correct, but
customer Seva neither warrants
nor makes any representations
regarding the quality, accuracy
or completeness of any data
or information contained. Customer
Seva 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.
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Since customer
seva (travel module) acts only
as a booking agent, it shall
not 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. in no circumstances
shall customer seva be liable
for the services provided by
the service provider.
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Although
customer seva makes reasonable
commercial efforts to ensure
that the description and content
in the tos and on each page
of the website is 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, customer
seva 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.
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Customer Seva
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 to
such destinations.
In
no event shall customer seva be liable
for any direct, indirect, punitive,
incidental, special, consequential
damages or any other damages resulting
from: (a) the use or the inability
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 customer seva 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,
customer seva 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 customer seva’s 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.
LINKS
TO THIRD PARTY SITES
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The Website
may contain links to other websites ("Linked
Sites"). The Linked
Sites are not under the control
of customer Seva or the Website
and Customer Seva is not responsible
for the contents of any Linked
Site, including without limitation
any link contained in a Linked
Site, or any changes or updates
to a Linked Site. Customer
Seva is not responsible for any
form of transmission, whatsoever,
received by the User from any
Linked Site. Customer Seva is
providing these links to the
User only as a convenience, and
the inclusion of any link does
not imply endorsement by Customer
Seva or the Website of the Linked
Sites or any association with
its operators or owners including
the legal heirs or assigns thereof.
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Customer Seva
is not responsible for any errors,
omissions or representations
on any Linked Site. Customer
Seva does not endorse any advertiser
on any Linked Site in any manner.
The Users are requested to verify
the accuracy of all information
on their own before undertaking
any reliance on such information.
PROHIBITION
AGAINST UNLAWFUL USE
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 TOS 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.
USE
OF COMMUNICATION SERVICES
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
Services"). The User
agrees and undertakes to use the
Communication Services 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 using a Communication Service,
the User will not:
(a) Defame,
abuse, harass, stalk, threaten or
otherwise violate the legal rights
of others;
(b) Publish,
post, upload, distribute or disseminate
any inappropriate, profane, defamatory,
infringing, obscene, indecent or
unlawful topic, name, material or
information;
(c) 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;
(d) 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;
(e) Advertise
or offer to sell or buy any goods
or services for any business purpose,
unless such Communication Service
specifically allows such messages;
(f) Conduct
or forward surveys, contests, pyramid
schemes or chain letters;
(g) 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;
(h) 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;
(i) Violate
any code of conduct or other guidelines,
which may be applicable for or to
any particular Communication Service;
(j) Violate
any applicable laws or regulations
for the time being in force in or
outside India; and
(k) 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.
Customer
seva has no obligation to monitor
the communication services. However,
customer seva reserves the right
to review materials posted through
communication service and to remove
any materials in its sole discretion.
Customer seva 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.
Customer
seva 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 customer
seva’s sole discretion.
Customer
seva does not control or endorse
the content, messages or information
found in any communication service
and, therefore, Customer Seva 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.
TERMINATION/ACCESS
RESTRICTION
Customer Seva reserves the right,
in its sole discretion, to terminate
the access to the website and the
related services or any portion thereof
at any time, without notice.
FEES
PAYMENT
The User shall be liable to pay all
applicable charges, fees, duties,
taxes, levies and assessments for
availing the Customer Seva Services.
USER'S
OBLIGATIONS AND USER ACCOUNT
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.
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 customer Seva as service announcements
and administrative messages. The
user understands and agrees that
the services are provided on an "as
is" basis and that customer
Seva does not assume any responsibility
for deletions, mis-delivery or failure
to store any user communications
or personalized settings.
Disclose
to third parties Registration Data
to the extent necessary for the purpose
of carrying out the Services.
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 as such. Thus the Password
will not be known even to Customer
Seva. You confirm that you are the
authorized holder of the credit card
or the original account holder used
in the transactions you make using
the Customer Seva services. Customer
Seva will not be responsible for
any financial loss, inconvenience
or mental agony resulting from misuse
of your ID/password/credit card number/account
details number for using Customer
Seva Services.
The
user also agrees and undertakes to
immediately notify customer Seva
of any 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. Customer
Seva 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 Customer
Seva has reasonable grounds to suspect
that such information is untrue,
inaccurate, not current or incomplete,
Customer Seva 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 Customer Seva the
right to disclose to third parties
Registration Data to the extent necessary
for the purpose of carrying out the
Services.
BREACH
Without prejudice to the other remedies
available to customer Seva under
this agreement, the TOS or under
applicable law, customer Seva 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 TOS and/or the documents it incorporates
by reference;
(b) Customer
Seva is unable to verify or authenticate
any information provided by the user;
or
(c) Customer
Seva 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
customer Seva.
Customer
Seva may at any time in its sole
discretion reinstate suspended users.
Once the user have been indefinitely
suspended the user may not register
or attempt to register with customer
seva or use the website in any manner
whatsoever until such time that THE
USER IS REINSTATED BY Customer Seva.
Notwithstanding the foregoing, if
the user breaches this agreement,
the TOS or the documents it incorporates
by reference, customer seva reserves
the right to recover any amounts
due and owing by the user to customer
seva and/or the service provider
and to take strict legal action as
customer seva deems necessary.
Termination
of agreement and services
Either the user or customer seva
may terminate this agreement and
a service with or without cause at
any time to be effective immediately.
The
user agrees that customer seva may
under certain circumstances and 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 tos,
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 TOS.
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