PLEASE READ AND ACCEPT THIS USER AGREEMENT CAREFULLY BEFORE BECOMING A MEMBER.
Your use of this website is expressly conditioned on your acceptance of the following
terms and conditions. By using this website, you signify your assent to these terms
and conditions. If you do not agree with any part of the following terms and conditions,
you must not use this site.
1. OWNERSHIP : This site,along with the arrangement and compilation
of the content found on this site, is the property of Comfort Connections. ("Waytoindia.com")
and/or its various third party partners. The trademarks, logos and service marks
displayed on this site (collectively, the "Trademarks") are registered
and common law Trademarks ofWaytoindia..com and its various third party partners.
Nothing contained on this site should be construed as granting, by implication,
estoppel, or otherwise, any license or right to use any of the Trademarks without
the written permission of Comfort Connections, or such other party that may own
the Trademarks.
2. MEMBERSHIP : You may become a member of Waytoindia.com by registering
certain personal information on our membership page. However, membership to Waytoindia.com
is voluntary and is not required to use the Waytoindia.com site.
3. USE OF SITE :Waytoindia.com grants you a limited, non-transferable
license to use this site in accordance with these terms and conditions. You may
only use this site to make legitimate bookings. You may not use this site for any
other purposes, including without limitation, to make any speculative, false or
fraudulent reservation or any reservation in anticipation of demand. This site and
the content provided in this site, including the text, graphics, button icons, audio
and video clips, digital downloads, data compilations and software, may not be copied,
reproduced, republished, uploaded, posted, transmitted or distributed without the
written permission of Waytoindia.com, and/or its third party partners, except that
you may download, display and print the materials presented on this site for your
personal, non-commercial use only. You agree that you will not transmit or otherwise
transfer any Web pages, data or content found on this site to any other computer,
server, Web site, or other medium for mass distribution or for use in any commercial
enterprise. You agree that you will not use any device, software or routine to interfere
or attempt to interfere with the proper working of this site. You agree that you
will not take any action that imposes a burden or load on our infrastructure that
Waytoindia.com deems in its sole discretion to be unreasonable or disproportionate
to the benefits Waytoindia.com obtains from your use of the site. Unauthorized
use of this site and/or the materials contained on this site may violate applicable
copyright, trademark or other intellectual property laws or other laws. You must
retain all copyright and trademark notices, including any other proprietary notices,
contained in the materials on this site, and you must not alter, obscure or obliterate
any of such notices. The use of such materials on any other Web site or in any environment
of networked computers is prohibited. You are prohibited from posting or transmitting
any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory,
pornographic or profane material or any material that could constitute or encourage
conduct that would be considered a criminal offense, give rise to civil liability,
or otherwise violate any law. In addition, you are prohibited from posting or transmitting
any information which (a) infringes the rights of others or violates their privacy
or publicity rights, (b) is protected by copyright, trademark or other proprietary
right, unless with the express written permission of the owner of such right, (c)
contains a virus, bug or other harmful item, or (d) is used to unlawfully collude
against another person in restraint of trade or competition. You shall be solely
liable for any damages resulting from any infringement of copyright, trademark,
or other proprietary right, or any other harm resulting from your use of this site.
4. AGE AND RESPONSIBILITY : If you use this site, you are responsible
for maintaining the confidentiality of your account information and your password.
You agree to accept responsibility for all activities that occur under your account
or password. You represent that you are of sufficient legal age to rent a car,hire
a bus ,buy a holiday package,makeaa hotel reservation ,book a bus seat or use any
other service provided by the website from time to time and use this site and to
create binding legal obligations for any liability you may incur as a result of
the use of this site.
5. PRIVACY : You have read the Waytoindia.com Privacy Policy,
and agree that the terms of such policy are reasonable. You consent to the use of
your personal information by Waytoindia.com in accordance with the terms of and
for the purposes set forth in the Waytoindia.com Privacy Policy.
6. REVIEW OF TRANSMISSIONS :. Waytoindia.com may, from time to
time monitor and review any information transmitted or received through this site
and reserves the right to sensor, edit, remove or prohibit the transmission or receipt
of any information that Waytoindia.com deems inappropriate or in violation of these
terms and conditions.
7. LIMITATION OF LIABILITY :Waytoindia.COM ASSUMES NO RESPONSIBILITY,
AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER
EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN
THIS SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO
FROM THE SITE. IN NO EVENT SHALL Waytoindia.COM BE LIABLE FOR ANY INJURY, LOSS,
CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL
DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS),
WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT
OF OR IS IN ANY WAY CONNECTED WITH (I) ANY USE OF THIS SITE OR CONTENT FOUND HEREIN,
(II) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY
TO USE ANY COMPONENT OF THIS SITE FOR RESERVATIONS), OR (III) THE PERFORMANCE OR
NON PERFORMANCE BY Waytoindia.COM, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY
OF DAMAGES. If, notwithstanding the foregoing, Waytoindia.com or any third party
provider or distributor should be found liable for any loss or damage which arises
out of or is in any way connected with any of the above described functions or uses
of this site or its content, the liability of Waytoindia.com and the third party
providers and distributors shall in no event exceed, in the aggregate, the greater
of (a) the subscription fee and service charge for accessing this site, if any,
or (b)INR 1000.00. In its sole discretion, in addition to any other rights or remedies
available to Waytoindia.com and without any liability whatsoever, Waytoindia.com
at any time and without notice may terminate or restrict your access to any component
of this site.
8. INDEMNIFICATION : You shall defend and indemnify Waytoindia.com
and any third party providers and distributors and their officers, directors, employees
and agents from and against any claim, cause of action or demand, including without
limitation reasonable legal and accounting fees, brought by or on your behalf in
excess of the liability described herein or by third parties as a result of your
use of this site or violation of this Agreement.
9. LINKS : This site contains links to other Web sites which are
provided solely as a convenience to you and not as an endorsement by Waytoindia.com
of the contents of such other Web sites. Waytoindia.com shall not be responsible
for the content of any other Web sites and makes no representation or warranty regarding
any other Web sites or the contents or materials on such Web sites. If you decide
to access other Web sites, you do so at your own risk.
10. RELATIONSHIP : The relationship between Waytoindia.com and
you will be that of independent contractors, and neither of us nor any of our respective
officers, agents or employees will be held or construed to be partners, joint ventures,
fiduciaries, employees or agents of the other.
11. GOVERNING LAW : This Agreement and its performance shall be
governed by the laws of the National Capital TeritoryRegion,Delhi,India, without
regard to its conflict of laws provisions. You consent and submit to the exclusive
jurisdiction of the Delhi Courts,India, in all questions and controversies arising
out of your use of this site and this Agreement. To the extent allowed by applicable
law, any claim or cause of action arising from or relating to your access or use
of this site must be brought within two (2) years from the date on which such claim
or action arose or accrued.
12. ATTORNEY'S FEES : If Waytoindia.com takes any action to enforce
this User Agreement, such parties will be entitled to recover from you, and you
agree to pay, all reasonable and necessary attorney's fees and any cost of litigation,
in addition to any other relief, at law or in equity, to which such parties may
be entitled.
13. INJUNCTIVE RELIEF : You acknowledge that a violation or attempted
violation of any of this User Agreement and these terms and conditions will cause
such damage to Waytoindia.com as will be irreparable, the exact amount of which
would be difficult to ascertain and for which there will be no adequate remedy at
law. Accordingly, you agree that Waytoindia.com shall be entitled as a matter of
right to an injunction issued by any court of competent jurisdiction, restraining
such violation or attempted violation of these terms and conditions by you, or your
affiliates, partners, or agents, as well as recover from you any and all costs and
expenses sustained or incurred by Waytoindia.com in obtaining such an injunction,
including, without limitation, reasonable attorney's fees. You agree that no bond
or other security shall be required in connection with such injunction.
14. TERMINATION :Waytoindia.com may terminate this User Agreement
and terms and conditions and/or the provision of any of the services at any time
for any reason, including any improper use of this site or your failure to comply
with these terms and conditions. Such termination shall not effect any right to
relief to which Waytoindia.com and its third party providers and distributors may
be entitled, at law or in equity. Upon termination of this User Agreement and these
terms and conditions, all rights granted to you will terminate and revert to Waytoindia.com
and its third party providers or distributors, as applicable.
15. ASSIGNMENT : You may not assign, convey, subcontract or delegate
your rights, duties or obligations hereunder.
16. MODIFICATION :Waytoindia.com may at any time modify these
terms and conditions and your continued use of this site will be conditioned upon
the terms and conditions in force at the time of your use.
17. ADDITIONAL TERMS : Additional terms and conditions may apply
to reservations, purchases of goods and services and other uses of portions of this
site, and you agree to abide by such other terms and conditions.
18. SEVERABILITY : This User Agreement shall be deemed severable.
In the event that any provision is determined to be unenforceable or invalid, such
provision shall nonetheless be enforced to the fullest extent permitted by applicable
law, and such determination shall not affect the validity and enforceability of
any other remaining provisions.
19. HEADINGS : The headings used in this User Agreement are included
for convenience only and will not limit or otherwise affect the terms and conditions
herein.
20. ENTIRE AGREEMENT : This User Agreement, together with any terms
and conditions incorporated herein or referred to herein constitute the entire agreement
between us relating to the subject matter hereof, and supersedes any prior understandings
or agreements (whether oral or written) regarding the subject matter, and may not
be amended or modified except in writing or by making such amendments or modifications
available on this site.