Hotel Booking Terms and Conditions

Standard terms and conditions

All hotel bookings done under

  1. Travclan’s Term
  2. Supplier’s terms and conditions
  3. Affiliates Terms and Conditions

Total net rate includes:

  1. Base fare: the price of hotel services before fees, taxes, and any surcharges are added
  2. Taxes and Fees: Sum of all mandatory taxes, fees and taxes mandatory by law.
  3. Discount and charges: This charge includes estimated amounts the travel service provider (i.e. hotel, car rental company) pays for their taxes, and/or taxes that we pay, to taxing authorities on your booking (including but not limited to sales, occupancy, and value added tax). This amount may also include any amounts charged to us for resort fees, cleaning fees, and other fees and/or a fee we, the hotel supplier and/or the website you booked on, retain as part of the compensation for our and/or their services, which varies based on factors such as location, the amount, and how you booked.

PRIVACY POLICY

travclan.com and its mobile application platform is a platform that allows the users to communicate with each other directly either through direct messaging or through the mobile application itself without any kind of intervention from TravClan. Travclan recognizes the importance of privacy as well as the importance of maintaining the confidentiality of personal information. This Privacy Policy applies to all products and services provided by TravClan and sets out how TravClan may collect, use and disclose information in relation to Users of the Platform.

User may use TravClan’s services and products via a mobile device either through mobile applications or mobile optimized websites. This Privacy Policy also applies to such use of TravClan’s services and products.

All capitalized terms not defined in this document shall have the meanings ascribed to them in the Terms of Use of the Platform, which can be found here. Contracting entity shall be TravClan Technology India Pvt Ltd (herein after referred to as ‘TravClan’ or ‘us’ or ‘our’)

  1. COLLECTION OF INFORMATION
  1. User(s) privacy is important to TravClan and TravClan have taken steps to ensure that TravClan does not collect more information from User than is necessary for TravClan to provide User(s) with TravClan’s services and to protect User(s) account.
  2. Information including, but not limited to, User name, address, phone number, fax number, email address, gender, date and/or year of birth and user preferences (“Registration Information”) may be collected at the time of User registration on the Platform.
  3. In connection with any communication or transaction and payment services or any other services that you may avail using the Platform, information, including but not limited to, bank account numbers, billing and delivery information, credit/debit card numbers and expiration dates and tracking information from cheques or money orders (“Account Information”) may be collected, among other things, to facilitate the sale and purchase as well as the settlement of purchase price of the products or services transacted on or procured through the Platform.
  4. TravClan record and retain details of Users’ activities on the Platform. Information relating to communication or transactions including, but not limited to, the types and specifications of the goods, pricing and delivery information, any dispute records and any information disclosed in any communication forum provided by us and/or other affiliated companies of TravClan (“Activities Information”) may be collected as and when the communication and/or transactions are conducted through the Platform.
  5. TravClan record and retain records of Users’ browsing or buying activities on Platform including but not limited to IP addresses, browsing patterns, and User behavioural patterns. In addition, we gather statistical information about the Platform and visitors to the Platform including, but not limited to, IP addresses, browser software, operating system, software and hardware attributes, pages viewed, number of sessions and unique visitors (together “Browsing Information”).
  6. Registration Information, Account Information, Activities Information, and Browsing Information are collectively referred to as Personal Data.
  7. It is mandatory for Users of the Platform to provide certain categories of Personal Data (as specified at the time of collection). In the event that Users do not provide any or sufficient Personal Data marked as mandatory, TravClan may not be able to complete the registration process or provide such Users with TravClan’s products or services.
  8.  
    USE OF PERSONAL DATA
    If you provide any Personal Data to TravClan, you are deemed to have authorized TravClan to collect, retain and use that Personal Data for the following purposes:
  1. Verification of User’s identity;
  2. processing User’s registration as a user, providing User with a log-in ID for the Platform and maintaining and managing User’s registration;
  3. providing User with customer service and responding to User(s) queries, feedback, claims or disputes;
  4. to facilitate communication between Users on the Platform and / or processing Users transactions on the Platform;
  5. performing research or statistical analysis in order to improve the content and layout of the Platform, to improve TravClan’s product offerings and services and for marketing and promotional purposes;
  6. subject to applicable law, TravClan (including our affiliated companies and their designated Service Providers may use User’s name, phone number, residential address, email address, fax number and other data (“Marketing Data”) to provide notices, surveys, product alerts, communications and other marketing materials to User(s) relating to products and services offered by TravClan or TravClan’s affiliated companies;
  7. if User voluntarily submit User information or other information to the Platform for publication on the Platform through the publishing tools, then Users are deemed to have given consent to the publication of such information on the Platform; and
  8. making such disclosures as may be required for any of the above purposes or as required by law, regulations and guidelines or in respect of any investigations, claims or potential claims brought on or against us or against third parties.
  9.  
    DISCLOSURE OF PERSONAL DATA
  1. User further agrees that TravClan may disclose and transfer User’s Personal Data to third party service providers (including but not limited to data entry, database management, promotions, products and services alerts, delivery services, payment extension services, authentication and verification services and logistics services) (“Service Providers”). These Service Providers are under a duty of confidentiality to TravClan and are only permitted to use Users Personal Data in connection with the purposes specified in clause 2 herein above.
  2. User(s) agree that TravClan may disclose and transfer User(s) Personal Data to TravClan’s affiliated companies and/or their designated Service Providers.
  3. When necessary TravClan may also disclose and transfer User’s Personal Data to our professional advisers, law enforcement agencies, insurers, government and regulatory and other organizations.
  4. Any Personal Data supplied by User will be retained by TravClan and will be accessible by our employees, any Service Providers engaged by TravClan and third parties referred to in clause 3 herein, for or in relation to any of the purposes stated in Clause 2 herein above.
  5. All voluntary information may be made publicly available on the Platform and therefore accessible by any internet user. Any voluntary information that User disclose to TravClan becomes public information and User relinquish any proprietary rights (including but not limited to the rights of confidentiality and copyright) in such information. Users should exercise caution when deciding to include personal or proprietary information in the voluntary information that Users submit to TravClan.
  6. TravClan may share User’s Personal Data with third parties, including without limitation, banks, financial institutions, credit agencies, or vendors to enable such third parties to offer their products or services to such Users. .. While TravClan shall endeavour to have in place internal procedures to keep User’s Personal Data secure from intruders, there is no guarantee that such measures/procedures can eliminate all of the risks of theft, loss or misuse.
  7. TravClan may establish relationships with other parties and websites to offer User the benefit of products and services which TravClan does not offer. TravClan may offer you access to these other parties and/or their websites. This Privacy Policy does not apply to the products and services enabled or facilitated by such third parties. The privacy policies of those other parties may differ from TravClan, and TravClan has no control over the information that Users may submit to those third parties. User should read the relevant privacy policy for those third parties before responding to and availing any offers, products or services advertised or provided by those third parties.
  1.  
    RIGHT TO UDATE PERSONAL DATA
    Under the applicable laws, User have the right of access to personal information held by TravClan and to request updating / correcting the information.
  2. COOKIES
    TravClan uses “cookies” to store specific information about User and track User(s) visits to the Sites. A “cookie” is a small amount of data that is sent to User’s browser and stored on User’s device. If User do not de-activate or erase the cookie, each time User uses the same device to access the Platform, our services will be notified of User visit to the Platform and in turn TravClan may have knowledge of User visit and the pattern of User’s usage.
    Generally, TravClan use cookies to identify User and enable TravClan to i) access User’s Registration Information or Account Information so User do not have to re-enter it; ii) gather statistical information about usage by Users; iii) research visiting patterns and help target advertisements based on User interests; iv) assist TravClan’s partners to track User visits to the Platform and process orders; and v) track progress and participation on the Platform.
    User can determine if and how a cookie will be accepted by configuring the browser which is installed in User’s device. If User choose, User can change those configurations. If User reject all cookies by choosing the cookie-disabling function, User may be required to re-enter information on the Platform more often and certain features of the Platform may be unavailable.
  3. MINORS
    The Platform and its contents are not targeted to minors (those under the age of 18). However, TravClan has no way of distinguishing the age of individuals who access our Platform. If a minor has provided TravClan with personal information without parental or guardian consent, the parent or guardian should contact TravClan’s Legal Department at the address set out in clause 9 below to remove the information.
  4. SECURITY MEASURES
    TravClan employs commercially reasonable security methods to prevent unauthorized access to the Platform, to maintain data accuracy and to ensure the correct use of the information TravClan hold. No data transmission over the internet or any wireless network can be guaranteed to be perfectly secure. As a result, while TravClan tries to protect the information TravClan hold, TravClan cannot guarantee the security of any information User transmit to TravClan and Users do so at their own risk.
  5. CHANGES TO THIS PRIVACY POLICY
    Any changes to this Privacy Policy will be communicated by us posting an amended and restated Privacy Policy on the Platform. Once posted on the Platform the new Privacy Policy will be effective immediately. User agree that any information TravClan hold about User (as described in this Privacy Policy and whether or not collected prior to or after the new Privacy Policy became effective) will be governed by the latest version of the Privacy Policy.

TERMS OF USE

These Terms of Use describe the terms and conditions applicable to your access and use of the website http://www.travclan.com and its mobile application platform (each a “Platform”).  This document is a legally binding agreement between you as the user(s) of the Platform (referred to as “you”, “your” or “User” hereinafter) and TravClan India Technology Private Limited entity listed in clause 2.a below (referred to as “we”, “our” or “Travclan” hereinafter).

  1. Application and Acceptance of the Terms

1.  User’s use of the Platform and Travclan’s services, software and products (collectively the “Services” hereinafter) is subject to the terms and conditions contained in this document as well as any other rules and policies of the Platform that Travclan may publish from time to time.  

2.  This document and such other rules and policies of the Platform are collectively referred to below as the “Terms”.  By accessing the Platform or using the Services, User agrees to accept and be bound by the Terms.  Please do not use the Services or access the Platform if you do not accept all of the Terms or are unable to be bound by the Terms.  

3.  User may not use the Services and may not accept the Terms if you are not of legal age to form a binding contract with Travclan.

4.  You acknowledge and agree that Travclan may amend any Terms at any time by posting the relevant amended and restated Terms on the Platform.  By continuing to use the Services or the Platform, you acknowledge to have accepted the amended Terms and agree that the amended Terms will apply to you.

5.  The Terms may not otherwise be modified except in writing by an authorized officer of Travclan.    

  1. Provision of Services

1.  The Travclan contracting entity that you are contracting with for access to the Platform is TravClan Technology India Private Limited. In case you avail services while accessing the Platform, that may be supported and/or provided by third party service provider(s), for all such services your contracting entity will be such third party service provider(s), as the case may be. Travclan disclaims all liability for any claims that may arise pursuant to your use of services provided by such third party service provider(s).

2.  You must register as a User on the Platform in order to access and use Services. Further, Travclan reserves the right, without prior notice, to restrict access to or use of certain Services (or any features within the Services) subject to other conditions that Travclan may impose in its discretion.

  1. Fees and Charges Payable by Seller

Seller will pay to Travclan, if applicable, fee for use and access of the Platform (referred to as ‘Platform Fee’). Platform Fee will be ascertained based on the criteria determined by Travclan and communicated to the seller, from time to time. The applicable Platform Fee shall be as communicated by Travclan to the seller(s), from time to time, via the Platform or through such other mode of communication as may be determined by Travclan in its sole discretion. It shall be the seller’s responsibility to routinely check on such Platform Fee. In the event you continue to use the Platform, it shall be deemed that you have agreed to such change in the Platform Fee. The Platform Fee shall be exclusive of all applicable taxes (including Goods and Services Tax). Travclan may charge the Seller for any cancellation of the orders, and/or for other services availed by Seller from Travclan, including but not limited to, advertisement services. Travclan shall issue the invoice for Platform Fee and other charges (if any), on the Seller, and the Seller shall make payment of the same to Travclan and the parties hereby agree that the Seller alone shall be responsible for ensuring that Platform Fee is paid to Travclan.  The Seller may however authorize any third party service provider engaged by the Seller (who may collect or receive payment for or from the Seller, and advise that a part thereof be remitted by such third party service provider as Platform Fee to Travclan on behalf of the Seller).  

  1. Users Generally

1.  You agree that (a) you will not copy, reproduce, download, re-publish, sell, distribute or resell any Services or any information, text, images, graphics, video clips, sound, directories, files, databases or listings, etc. available on or through the Platform (the “Platform Content”), and (b) you will not copy, reproduce, download, compile or otherwise use any Platform Content for the purposes of operating a business that competes with Travclan, or otherwise commercially exploiting the Platform Content or systematic retrieval of Platform Content from the Platform to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes).

2.  You must read Travclan’s Privacy Policy which governs the protection and use of personal information about Users of Platform. You accept the terms of the Privacy Policy and agree to the use of the personal information about you in accordance with the Privacy Policy.

3.  Travclan may allow Users access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise), API or otherwise to such third parties’ web sites. You are cautioned to read such third parties terms and conditions and/or privacy policies before using the Platform with respect to such content, products or services that you may avail. You acknowledge that Travclan has no control over such third parties’ web sites and shall not be responsible or liable to anyone for such web sites, or any content, products or services made available on such web sites.

4.  You agree not to undertake any action which may undermine the integrity of Travclan’s feedback system.

5.  By posting or displaying any information, content or material (“User Content”) on the Platform or providing any User Content to Travclan or our representative(s), you grant perpetual, worldwide, royalty-free, and sub-licensable license to Travclan to display, transmit, distribute, reproduce, publish, translate, and otherwise use any or all of the User Content in any form, media, or technology now known or not currently known in any manner and for any purpose which may be beneficial to the operation of the Platform, the provision of any Services and/or the business of the User. You confirm and warrant to Travclan that you have all the rights, power and authority necessary to grant the above license.

6.  User agree, undertake and confirm that User’s use of Platform shall be strictly governed by the following binding principles:

User shall not host, display, upload, modify, publish, transmit, update or share any information which:

1.  belongs to another person and to which User does not have any right to;

2.  is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;

3.  is misleading in any way;

4.  is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;

5.  harasses or advocates harassment of another person;

6.  involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming” or messages using Travclan communication platform;

7.  promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;

8.  infringes upon or violates any third party’s rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity];

9.  promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;

10.   contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);

11.   provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;

12.   provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;

13.   contains video, photographs, or images of another person (with a minor or an adult).

14.   tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;

15.   engages in commercial activities and/or sales without prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of “virtual” products related to the Platform. Throughout this Terms of Use, Travclan’s prior written consent means a communication coming from Travclan’s Legal Department, specifically in response to Your request, and specifically addressing the activity or conduct for which You seek authorization;

16.   solicits gambling or engages in any gambling activity which, in sole discretion, believes is or could be construed as being illegal;

17.   interferes with another User’s use and enjoyment of the Platform or any other individual’s User and enjoyment of similar services;

18.   refers to any website or URL that, in sole discretion, contains material that is inappropriate for the Platform or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use.

19.   harm minors in any way;

20.   infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;

21.   violates any law for the time being in force;

22.   deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

23.   impersonate another person;

24.   contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancel-bots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;

25.   threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

26.   shall not be false, inaccurate or misleading;

27.   shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.

28.   shall not create liability for Travclan or cause Travclan to lose (in whole or in part) the services of our internet service provider (“ISPs”) or other suppliers;

29.   You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. Travclan reserve its right to bar any such activity.

30.   User shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, password “mining” or any other illegitimate means.

31.   Unless expressly permitted, User shall not probe, scan or test the vulnerability of the Platform or any network connected to the Platform nor breach the security or authentication measures on the Platform or any network connected to the Platform. User may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Platform, or any other user, including any account on the Platform not owned by User, to its source, or exploit the Platform or any service or information made available or offered by or through the Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than User’s own information, as provided for by the Platform.

  1. User Accounts

1.  User must be registered on the Platform to access or avail the Services. Except with Travclan’s approval, one User may only register one account on the Platform. Travclan may cancel or terminate a User’s account if Travclan has reasons to suspect that the User has concurrently registered or controlled two or more accounts. Further, Travclan may reject User’s application, without assigning any reasons thereof, for registration for any other reason.

2.  A set of User ID and OTP (One Time Password) / password is unique to a single account. You shall be solely responsible for maintaining the confidentiality and security of your user ID and password and for all activities that occur under User’s account. You agree that all activities that occur under your account (including without limitation, posting any company or product information, clicking to accept any terms & conditions or rules, subscribing to or making any payment for any services, sending emails using the Platform or other communications) will be deemed to have been authorized by you.

  1. User’s Responsibilities

1.  You represent, warrant and agree that (Ⅰ) you are at least eighteen (18) years of age or above and are fully able and competent to understand and agree to the Terms; (Ⅱ) you have full power and authority to accept the Terms, to grant the license and authorization (if applicable) and to perform the obligations hereunder; (Ⅲ) you use the Platform and Services for business purposes only; (Ⅳ) the address you provide when registering your account on the Platform is the principal place of business of your business entity; (Ⅴ) your business is validly existing and incorporated / established as per the provisions of applicable laws; (vi) you shall comply with all applicable laws while using and accessing the Platform; and (vii) you and products/ services provided by you on the Platform (if any) comply with applicable laws.

2.  User will be required to provide information or material about User’s entity, business or products/services as part of the registration process on the Platform or your use of any Service or the User account.  Each User represents, warrants and agrees that (a) such information and material whether submitted during the registration process or thereafter throughout the continuation of the use of the Platform or Service is true, accurate, current and complete, and (b) User will maintain and promptly amend all information and material to keep it true, accurate, current and complete.

3.  User may be required to furnish additional documents or information about products/ services that the User may offer for sale on the Platform in order to authenticate that the products offered for sale are genuine and authentic and do not infringe intellectual property rights or proprietary rights of any third party. User agrees to promptly provide such additional documents and information, failing Travclan reserves its right to take appropriate measures as set out under Clause 7.  

4.  User consents to the inclusion of the contact information about User in Travclan’s database.

5.  You represents, warrants and agrees that (a) you shall be solely responsible for obtaining all necessary third party licenses and permissions (if any required) regarding any User Content that you submit, post or display; (b) any User Content that User submit, post or display does not infringe or violate any of the copyright, patent, trademark, trade name, trade secrets or any other personal or proprietary rights of any third party (“Third Party Rights”); (c) User have the right and authority (if required under applicable laws) to sell, trade, distribute or export or offer to sell, trade, distribute or export the products or services described in the User Content and such sale, trade, distribution or export or offer does not violate any Third Party Rights.

  1. Breaches

1.  Travclan reserves the right in its sole discretion, without intimation to the User, remove, modify or reject any User Content that User submit to, post or display on the Platform which Travclan reasonably believes is unlawful, violates the Terms, could subject Travclan or its affiliates to liability, or is otherwise found inappropriate in Travclan’s opinion.

2.  If any User breaches any Terms, or if Travclan has reasonable grounds to believe that a User is in breach of any Terms, Travclan shall have the right to take such disciplinary actions as it deems appropriate, including without limitation: (i) suspending or terminating the User’s account and any and all accounts determined to be related to such account by Travclan in its discretion; (ii) restricting, downgrading, suspending or terminating the subscription of, access to, or current or future use of any Service; (iii) removing any product listings or other User Content that the User has submitted, posted or displayed; and (v) any other corrective actions, discipline or penalties as Travclan may deem necessary or appropriate in its sole discretion.

3.  Notwithstanding anything contained herein these Terms, Travclan may with or without notice and in its sole discretion be entitled to suspend, de-activate, or de-list a User’s account or suspend any listing, or de-list any or all Product listing from the Platform for any reasons including without limitation, economic constraints, operational difficulties, financial implications, usage behaviour of the User on the Platform etc.

4.  In the event a User becomes inactive or if no transaction is noticed by Travclan, in such a case Travclan reserves its right to delist, deactivate or suspend a User’s account in its sole discretion, with or without giving any notice to the User.  

5.  Travclan reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing.  Further, Travclan may disclose the User’s identity and contact information, if requested by a government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action.  

6.  Each User agrees to indemnify Travclan, its affiliates, directors, employees, agents and representatives and to hold them harmless, from any and all damages, losses, claims and liabilities (including legal costs on a full indemnity basis) which may arise from your submission, posting or display of any User Content, from your use of the Platform or Services, or from your breach of the Terms.

  1. Transactions Between Users

1.  When a product is listed for sale on the Platform by a seller, Products sold to the buyer by such seller will be governed by individual contractual arrangement entered into directly between the seller and the buyer.

2.  For any Services, Travclan does not represent either the seller or the buyer in specific transactions. Travclan does not control and is not liable to or responsible for the quality, safety, lawfulness or availability of the products or services offered for sale on the Platform or the ability of the sellers to complete a sale or the ability of buyers to complete a purchase.

3.  Users agree that Travclan cannot and does not confirm each User’s purported identity. Travclan encourages Users to exercise discretion and caution while dealing with various Users.

4.  Each User acknowledges that it is fully assuming the risks of conducting any purchase and sale transactions (hereinafter referred to as “Transaction Risk”) in connection with using the Platform or Services, and that it is fully assuming the risks of liability or harm of any kind in connection with subsequent activity of any kind relating to products or services that are the subject of transactions using the Platform.

5.  In the event that any User has a dispute with any party to a transaction, such User agrees to release and indemnify Travclan (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction. This clause shall also apply to any additional services opted for by the User by accessing any link from Travclan site to avail of any additional or independent services related to the transaction of buy-sell conducted on the Travclan Platform from any third party.

  1. Limitation of Liability

1.  TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES PROVIDED BY TRAVCLAN ON OR THROUGH THE PLATFORM ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”, AND TRAVCLAN HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, AND UNDERTAKINGS ARE HEREBY EXCLUDED.

2.  TO THE MAXIMUM EXTENT PERMITTED BY LAW, TRAVCLAN MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE PLATFORM; TRAVCLAN DOES NOT REPRESENT OR WARRANT THAT THE MANUFACTURE, IMPORTATION, EXPORT, DISTRIBUTION, OFFER, DISPLAY, PURCHASE, SALE AND/OR USE OF PRODUCTS OR SERVICES OFFERED OR DISPLAYED ON THE PLATFORM DOES NOT VIOLATE ANY THIRD PARTY RIGHTS; AND TRAVCLAN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING ANY PRODUCT OR SERVICE OFFERED OR DISPLAYED ON THE PLATFORM.

  1. Force Majeure

1.  Under no circumstances shall Travclan be held liable for any delay or failure or disruption of the content or services delivered through the Platform resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.

  1. Intellectual Property Rights

1.  Travclan is the sole owner or lawful licensee of all the rights and interests in the Platform and the Platform Content. All title, ownership and intellectual property rights in the Platform and Platform Content shall remain with Travclan or licensors of the Platform Content, as the case may be. All rights not otherwise claimed under the Terms or by Travclan are hereby reserved.

2.  “Travclan” and any other related icons and logos are registered trademarks or trademarks or service marks of TravClan Technology India Private Limited, in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.

  1. Notices

1.  All legal notices or demands to or upon Travclan shall be made in writing and sent to Travclan personally, by courier, certified mail, or facsimile to the following entity and address: TravClan Technology India Private Limited, 9B, Pusa Road, Delhi – 110060, Attn: Arun Bagaria. The notices shall be effective when they are received by Travclan in any of the above-mentioned manner.

2.  All legal notices or demands to or upon a User shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the User to Travclan, or by posting such notice or demand on an area of the Platform that is publicly accessible without a charge. Notice to a User shall be deemed to be received by such User if and when, a) Travclan is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User, or b) immediately upon Travclan posting such notice on an area of the Platform that is publicly accessible without charge.

  1. General Provisions

1.  Subject to any terms & conditions, the Terms constitute the entire agreement between User and Travclan with respect to and govern User’s use of the Platform and Services, superseding any prior written or oral agreements in relation to the same subject matter herein.

2.  Travclan and User are independent contractors, and no agency, partnership, joint venture, employee-employer relationship is intended or created by the Terms.

3.  If any provision of the Terms is held to be invalid or unenforceable, such provision shall be deleted and the remaining provisions shall remain valid and be enforced.

4.  Travclan’s failure to enforce any right or failure to act with respect to any breach by User under the Terms will not constitute a waiver of that right nor a waiver of Travclan’s right to act with respect to subsequent or similar breaches.

5.  Travclan shall have the right to assign the Terms (including all of our rights, titles, benefits, interests, and obligations and duties in the Terms to any person or entity (including any affiliates of Travclan). User may not assign, in whole or part, the Terms to any person or entity.

6.  The Terms shall be governed by the laws of India and the parties to the Terms agree to submit to the exclusive jurisdiction of the courts of New Delhi, India.

  1. Grievance Officer

In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:

Arun Bagaria

Co-Founder

Email: partners@travclan.com

All rights reserved by TravClan Technology India Private Limited