TravelLive Website User Agreement
This Terms of Service (“Terms”) is a legal agreement between you and the TravelLive (India) Private Limited (“TravelLive”) governing your access to and use of the websites, including all mobile applications (“Mobile Apps”) that TravelLive operates, and any online services that TravelLive offers (collectively referred to as “Services”). Please read the Terms carefully before using the Services and the Services. Do not use the Services if you do not accept the Terms. TravelLive may change or modify the Services or the Terms at any time. Such changes, revisions, or modifications shall be effective immediately upon being posted concerning the Services.
"You" and/or "Your" and/or "User" shall include and mean the person who is accessing the website www.travellive.in through any means available now and/or may be available in the future.
You (the user) agree to access the Services subject to the terms and conditions of use as set out here.
TravelLive, the owner and/or publisher of www.travellive.in may add to or change or update these Terms of Use, from time to time entirely at their personal discretion. You are responsible for checking these Terms of Use periodically to remain in compliance with these terms. Your use of Services after any amendment to the Terms of Use shall constitute your acceptance of these terms and you also agree to be bound by any such changes/revisions. By using theServices you hereby represent and warrant that you are hereby bound by these Terms of Use and it's any amendments thereof and further represent that you are more than 18 (eighteen) years of age and otherwise competent to bound yourself into a valid contract as per the Laws of India. In the event you are below the age of 18 (eighteen) years then it shall be deemed that you are using this site under the guidance and supervision of your natural parent and/or guardian.
Governing Law and Meanings
These Terms of Use are being governed by the Laws of India and the meaning of words used herein in connection with the use of the Services shall bear the meaning as may be envisaged and interpreted by the Information Technology Act, 2000 of Union of India and any of its Amendment Acts.
Changes
TravelLive reserves the right to suspend/cancel, or discontinue any or all channels, products or service at any time without notice,make modifications and alterations in any or all of the content, products and services contained on the site without prior notice. Such changes will be posted on the Services for your reference and convenience so as to enable you to understand your responsibility as a user.
Charges
TravelLive reserves the right to charge subscription and/or membership fees from a user in respect of any product, service or any other aspect of this Services. Such charge of fees may be without any prior intimation at the sole discretion of TravelLive.
Copyright and Trademarks
Unless otherwise stated, copyright and all intellectual property rights in all material presented on the site (including but not limited to text, audio, video or graphical images), trademarks and logos appearing on this site are the property of TravelLive, its affiliates and associates and are protected under applicable Indian laws. You agree not to use any framing techniques to enclose any trademark or logo or other proprietary information of TravelLive; or remove, conceal or obliterate any copyright or other proprietary notice or any credit-line or date-line on other mark or source identifier included on the Services, including without limitation, the size, colour, location or style of all proprietary marks. Any infringement shall be vigorously defended and pursued to the fullest extent permitted by law.
Limited Permission to Copy
TravelLive grants you permission to only access and make personal use of the Services and You agree not to, directly or indirectly download or modify/alter/change/amend/vary/transform/revise/translate / copy / publish/distribute or otherwise disseminate any content on TravelLiveServices / Service, or any portion of it; or delete or fail to display any promotional taglines included in the Services / Service either directly or indirectly, except with the express consent of TravelLive.
However, you may print or download extracts from these pages for your personal/individual, non-commercial use only. You must not retain any copies of these pages saved to disk or any other storage medium except for the purposes of using the same for subsequent viewing purposes or to print extracts for personal/individual use.
TravelLive forbids you from any attempts to resell or put to commercial use any part of the Services; any collection and use of any product listings, descriptions, or prices; any derivative use of the Services or its contents; any downloading or copying of account information for the benefit of any other merchant; any renting, leasing, or otherwise transferring rights to the Services / Service; displaying the name, logo, trademark or any other identification of another person in such a manner as to give the viewer the impression that such other person is a publisher or distributor of the Service on the Services, or any data gathering or extraction tools; or any use of meta tags. You may not (whether directly or through the use of any software program) create a database in electronic or structured manual form by regularly or systematically downloading and storing all or any part of the pages from this site.
No part of the Services may be reproduced or transmitted to or stored in any other website, nor may any of its pages or part thereof be disseminated in any electronic or non-electronic form, nor included in any public or private electronic retrieval system or service without prior written permission.
Individual Registration, Access and Exchange of Information
For certain Services such as personal web pages, booking of tours and/or other Services, and contests, registration by the visitor is required. To register for these Services you have to open an account by completing the registration process (i.e. by providing us with current, complete and accurate information as prompted by the applicable registration form). You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account and shall be responsible for the security of the connection and/or network that you are using. By registering, you agree to the following terms in addition to any other specific terms which shall be posted at an appropriate location of the Services. Each registration is for a single individual user only.
You are entirely responsible for any and all activities that occur under your account. You agree to notify TravelLive immediately of any unauthorized use of your account or any other breach of security. TravelLive will not be liable for any loss that you may incur as a result of someone else using your password or account. However, you could be held liable for losses incurred by TravelLive or another party due to someone else using your account or password.
No unlawful or prohibited use
As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any TravelLive's server, or the network(s) connected to any TravelLive's server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.
Limitations of Liabilities
Any transactions relating to sale/purchase of goods or services not directly offered by TravelLive are to be settled inter-se between the parties to such transaction and all warranties express or implied of any kind, regarding any matter pertaining thereto, including without limitation the implied warranties of merchantability, fitness for a particular purpose, and non-infringement are disclaimed by TravelLive.
Termination of Account
TravelLive reserves its right to refuse service, restrict, suspend, terminate your account; (Terminate this Agreement; Terminate or suspend your access to the Services; refuse, move or remove for any reason any Content / Image that you submit on or through the Services; refuse, move, or remove any Content / Image that is available on or through the Services; deactivate or delete your accounts and all related information and files in your account; establish general practices and limits concerning use of the Services) at any time and, remove or edit contents or cancel orders (entered by you) in its sole discretion with or without cause, and with or without any prior notice for any violation of the Terms of Use. Upon such termination or suspension, your right to use TravelLive's Web Services will immediately cease.
You can also terminate your account at any time but your information may remain stored in the archive on our servers even after the deletion or the termination of your account.
User Conduct and Obligations
You hereby agree and assure TravelLive that the Services/Services shall be used for lawful purposes only and that you will not violate laws, regulations, ordinances or other such requirements of any applicable Central, State or local government or any other international laws. You further concur that you will not, through Services/Service:
- Post, distribute, or otherwise make available or transmit any software or other computer files that contain a virus trojan horses, time bombs, bots, botnets, malicious content, content theft, data manipulation, threats or any other harmful programs or elements or component;
- Delete from the Services any legal notices, disclaimers, or proprietary notices such as copyright or trademark symbols, or modify any logos that you do not own or have express permission to modify;
- Not use the Services / Service in any manner that could damage, disable, overburden, or impair and not to undertake any action which is harmful or potentially harmful to any TravelLive's server, or the network(s), computer systems/resource connected to any TravelLive server, or interfere with any other party's use and enjoyment of the Services/Service;
- Obtain or attempt to obtain any material or information through any means not intentionally made available through the Services/Service;
- Engage in any activity that causes / may harm minors; or
- Perform any activity which is likely to cause such harm;
- Impersonate any person or entity, including, but not limited to, TravelLive's official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Take any action which encourages or consists of any threat of harm of any kind to any person or property;
- Carry out any "denial of service" (DoS, DDoS) or any other harmful attacks on application or internet service;
- Make any inappropriate, illegal or otherwise prohibited communication to any Newsgroup, Mailing List, Chat Facility, or other Internet Forum;
- Use the Services/Service for illegal purposes;
- Disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to make or attempt any unauthorized access to any Services;
- Transmit through the Services, any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable material of any kind or nature.This includes text, graphics, video, programs or audio, etc;
- Collect or attempt to collect personally identifiable information of any person or entity without their express written consent and you shall maintain records of any such written consent throughout the terms of this agreement and for a period of 2 years thereafter;
- Engage in antisocial, disruptive, or destructive acts, including "flaming," "spamming," "flooding," "trolling," and "griefing" as those terms are commonly understood and used on the Internet
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Services.
- Upload, post, email, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," duplicative messages or any other form of solicitation.
- Encumber or suffer to exist any lien or security interest on the subject matter of this Agreement; or
- Make any representation or warranty on behalf of TravelLive
No Controlling Spam Policy or Unsolicited E-mails
You will not use any communication tool or other means available on the Services to transmit, directly or indirectly, any unsolicited bulk communications (including emails and instant messages). You may not harvest information about users of TravelLive for the purpose of sending or to facilitate the sending of unsolicited bulk communications. We may terminate your access or use of the Services immediately, with or without any notice, and take any other legal action if you, or anyone using your access details to the Services, violates these terms. We may adopt any technical remedy (including any filtering technology or other measures) to prevent unsolicited bulk communications from entering, or remaining within our computer or communication networks. Such filtering technology or other measures may block, either temporarily or permanently, some e-mail sent to you through TravelLive's Web Services.
Disclaimer of Warranties and Liability
Except for the express warranties stated herein on Terms & Conditions page, the site/ service is provided on an "as is" basis, and TravelLive disclaims any and all other warranties, conditions, or representations (express, implied, oral or written), relating to the site/ service or any part thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, workmanlike effort, title and non-infringement are disclaimed and excluded.
TravelLive and its parent, affiliates and associates shall not be liable, at any time for any, direct, indirect, punitive, incidental, special, consequential, damages (including, without limitation, damages for loss of business projects, damage to your computer system or damages for loss of profits, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the TravelLive's sites/services, with the delay or inability to use the TravelLive's sites/services or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the TravelLive sites/services, or otherwise arising out of the use of the TravelLive sites/services) arising in contract, tort or otherwise from the use of or inability to use the Services, or any of its contents, or from any act or omissions a result of using the Services or any such contents or for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorised access to, alteration of, or use of information contained on the site. No representations, warranties or guarantees whatsoever are made by TravelLive as to the (a) accuracy, adequacy, reliability, completeness, suitability or applicability of the information to a particular situation; (b) that the service will be uninterrupted, timely, secure, or error-free; (c) the quality of any products, services, content, information, or other material purchased or obtained from the website will meet your expectations or requirements; or (d) any errors in the website will be corrected.
Links to Other Services
All the contents of this Services are only for general information or use. They do not constitute advice and should not be relied upon in making (or refraining from making) any decision. Any specific advice or replies to queries in any part of the Services is/are the personal opinion of such experts/consultants/persons and are not subscribed to by this Services. The information from or through this site is provided on "AS IS" basis, and all warranties and conditions, expressed or implied of any kind, regarding any matter pertaining to any goods, service or channel, including without Certain links on the Services lead to resources located on servers maintained by third parties, these sites of a third party(s) may contain TravelLive's-logo, please understand that it is independent from TravelLive, over whom TravelLive has no control or connection, business or otherwise as these sites are external to TravelLive You agree and understand that by visiting such sites you are beyond the TravelLive's website. TravelLive, therefore neither endorses nor offers any judgement or warranty and accepts no responsibility or liability for the authenticity, availability, suitability, reliability, accuracy of the information, software, products, services and related graphics contained, of any of the goods/services/or for any damage, loss or harm, direct or consequential or any violation of local or international laws that may be incurred by your visit and/or transaction/s on these site(s), as the same is provided on "as is" without warranty of any kind. TravelLive gives no warranty and makes no representation whether expressed or implied, that the information contained in this site is error-free. TravelLive shall not be responsible nor liable for any consequential damages arising on account of your relying on the contents of the advertisement. Before relying on the material, users should independently verify its relevance for their purposes, and should obtain any appropriate professional advice.
Material Submitted by Users
Certain elements of the Services will contain material submitted by users. TravelLive accepts no responsibility for the content, accuracy, conformity to applicable laws of such material. You will indemnify and hold harmless TravelLive against all third party claims, demands and actions brought against TravelLive which arises from or relates to the material submitted by you.
Data Protection
TravelLive may send information and offer products and services to you from time to time. For further details relating to our policy relating to such offer please refer to our Privacy Statement. Notwithstanding the foregoing, TravelLive reserves the right to disclose any information in response to/that it is required to be shared, disclosed or make made available to any governmental, administrative, regulatory or judicial authority under any law or regulation applicable to TravelLive
Relationship
None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between you and TravelLive and you shall have no authority to bind TravelLive in any manner, whatsoever.
Force Majeure
TravelLive shall have no liability to you for any interruption or delay, to access the Services irrespective of the cause.
Indian Law
The Agreement shall be governed by the Laws of India. The Courts of law at Kolkata, West Bengal, India shall have exclusive jurisdiction over any disputes arising under this agreement.
Entire Agreement
These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
Right to remove inappropriate messages
We reserve the right to remove any messages we deem to be inappropriate, i.e, racist, sexist or threatening. Messages using inappropriate language will also be removed. We do not wish to be censors, but our forums must remain civilized and respect the rights of others.
Limited time to bring your claim
You and TravelLive agree that any cause of action arising out of or related to TravelLive's website, only, must commence within one (1) year after the cause of action accrues otherwise, such cause of action will be permanently barred.
Acceptance of Terms & Conditions
By using TravelLiveServices, you signify your acceptance of these Terms & Conditions. If you do not agree or are not comfortable with any term described in this Term & Conditions, your only remedy is to discontinue the use of TravelLive sites. We reserve the right, to modify these Terms & Conditions at any time.
General Terms
Rights and obligations under the Terms which by their nature should survive will remain in full effect after termination or expiration of the Terms.
Any express waiver or failure to exercise promptly any right under the Terms will not create a continuing waiver or any expectation of non-enforcement.
If any provision of the Terms is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms will remain in full force and effect.