Terms & Condition

Terms of Service

This document is an electronic record in terms of Information Technology Act, 2000 and rules made there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Service for access or usage of the Service.

Company is an Intermediary

PLEASE NOTE THAT THE PURCHASE OF ANY PRODUCTS WITH ASSISTANCE FROM THIS WEBSITE IS A PRIVATE CONTRACT BETWEEN THE SELLERS AND THE BUYERS, CHOOSING TO PURCHASE SUCH PRODUCTS. THE WEBSITE IS MERELY AN ONLINE INTERMEDIARY FACILITATING THE TRANSACTION IN A LIMITED CAPACITY AND DOES NOT BEAR ANY RESPONSIBILITY FOR DELIVERY, AUTHENTICATION OR ANY OTHER KIND OF LOGISTICAL SUPPORT UNLESS EXPRESSLY MENTIONED. All commercial/contractual terms are offered by and agreed to between the Buyers and Tour Operators alone. The commercial/contractual terms include without date, period and mode of delivery of services. The WEBSITE does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the You and Sellers. WEBSITE does not make any representation or warranty as to specifics (such as quality, value, saleability, etc) of the Products or services proposed to be sold or offered to be sold or purchased on the Website. WEBSITE accepts no liability for any errors or omissions, whether on behalf of itself or third parties. WEBSITE is not responsible for any non-performance or breach of any contract entered into between you and Tour Operators. WEBSITE cannot and does not guarantee for the performance of any transaction concluded on the Website. WEBSITE shall not and is not required to mediate or resolve any dispute or disagreement between You and Tour Operators. WEBSITE does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc.) of any of its Users. You are advised to independently verify the bona fides of any particular User that You choose to deal with on the Website and use Your best judgment in that behalf. WEBSITE does not at any point of time during any transaction between You and Tour Operators on the Website come into or take possession of any of the Products offered by Tour Operators nor does it at any point gain title to or have any rights or claims over the Products offered by Tour Operators to the users. At no time shall WEBSITE hold any right, title or interest over the Products listed, nor shall WEBSITE have any obligations or liabilities in respect of such contract entered into between You and Tour Operators. You shall independently agree upon the manner and terms and conditions of booking, time, venue, delivery, insurance etc. with the Tour Operator(s) that You transact with. We are not an authorised agent of any Seller, service provider(s) or any such third party and we are only an online intermediary.

Disclaimer:

Pricing on any Products as is reflected may due to some technical issue, typographical error or product information published on the Website may be incorrectly reflected and in such an event, WEBSITE or the Seller reserves the right to cancel any such orders as requested and refund the amount ( if any) received from the User. The WEBSITE shall not be responsible for any such error/s or incorrect information provided by Seller; as providing the price of the Product is the sole responsibility of the Seller. You release and indemnify WEBSITE and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Website and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, WEBSITE cannot take responsibility or control the information provided by other Users which is made available on the Website. You may find other User's information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Website. Please note that there could be risks in dealing with underage persons or people acting under false pretence. The information contained in this website is for general information purposes only. The information is provided by our website while we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk. In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website. Any partnerships and sponsored material on this blog is for one year unless otherwise noted. Through this website you are able to link to other websites which are not under the control of our website. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them. Some information present may be from public domain. If anyone has objection to it then let us know and we will remove it. All photos are property of our website unless otherwise cited. These photos may not be reproduced or used elsewhere without permission. Every effort is made to keep the website up and running smoothly. However, our website takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control. The Registered User shall be required to provide KYC information/details to the WEBSITE, such as electronic copies of identity proof, address proof and any other such document mandated under the law, and shall be uploaded by the User in soft copy form at the time of registration and/or provided to the WEBSITE as and when sought. The WEBSITE has the sole right to activate/deactivate your account on the Website, upon receiving the registration information provided by the User, upon scrutinizing the veracity of the details provided. For the purpose of KYC and WEBSITE records, WEBSITE has the right to seek the self-attested copies of the documents, as submitted during/post the registration process. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account. You may not (i) select or use as a WEBSITE User ID, a name of another person with the intent to impersonate that person; or (ii) use as a WEBSITE User ID, a name subject to any rights of a person other than you without appropriate authorization. The WEBSITE reserves the right to refuse registration of or cancel a WEBSITE User ID in its discretion. You shall be responsible for maintaining the confidentiality of your password. If you access the Service through a third party site or service, you will provide your third party account credentials to the WEBSITE, and you are consenting to have the information in those accounts transmitted into your WEBSITE account, and you agree that you shall only use accounts owned by you, and not by any other person or entity. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this Terms of Service, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Website and refuse to provide You with access to the Website. Kindly Note: In the event, if any discrepancy is found, in case any of the information provided by the User, for example, registration information provided does not match with the adjoining documents, such mismatch shall lead to the rejection/deactivation/termination of the registration. The privacy of the documents provided or any such personally identifiable information provided to the WEBSITE, shall be maintained in accordance to the Privacy Policy of the website. In addition, you acknowledge that we have the right to disclose the information (if required) provided by you to the law enforcement authorities whether or not for any investigation purposes. Indemnity You will indemnify, defend, at the WEBSITE’s option, and hold the WEBSITE, its parents, subsidiaries, affiliates, officers, associates successors, assigns, licensors and employees, the Website or any of their respective officers, directors, employees, agents, vendors, licensors, representatives, advertisers, service providers, franchisers and vendors harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) from and against any claim, demand, lawsuits, judicial proceeding, losses, liabilities, damages and costs made by any third party due to or arising out of your access to the Services, use of the Services, your violation of this Agreement, or due to any infringement by you or any third party using your account of any intellectual property or other right of any person or entity, or your provision of defective or sub-standard goods/services through this Website, or your breach of terms of conditions agreed by you to a Buyer in transaction facilitated by this Website.

Limitation of Liability

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, AND WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL WEBSITE OR ITS SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE WEBSITE OR THE SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT OR FOR ANY LOSS OF PROFITS, REVENUES OR USE, OR THE LOSS OR CORRUPTION OF DATA, OR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, STATUTORY OR INDIRECT DAMAGES, EVEN IF INFORMED OF THE POSSIBILITY OF THESE DAMAGES. THESE LIMITATIONS AND EXCLUSIONS SHALL APPLY WHETHER LIABILITY ARISES FROM BREACH OF THIS AGREEMNT, INDEMNITY, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER LEGAL OPERATION OF LAW, EQUITABLE THEORY OR OTHERWISE. THE AGGREGATE LIABILITY OF THE WEBSITE HEREUNDER WILL IN NO CASE EXCEED THE LESSER OF INR 100 OR THE FEES PAID BY YOU TOWARDS THE USAGE OF THE SERVICES / WEBSITE FOR THE LAST TRANSACTION; FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS; OR FOR ANY MATTER BEYOND WEBSITE’S REASONABLE CONTROL. IN CONDITIONS WHERE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVEENTIONED LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. THE SERVICES, ARE MADE AVAILABLE TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. THE SERVICES ARE PROVIDED ON BEST EFFORT BASIS, WITHOUT GIVING ANY WARRANTY RELATING TO ANY COMMITEMENT TO PERFORM SERVICES AT SPECIFIED TIME AND/OR ON SPECIFIED DATE. THE WEBSITE IS NOT HACK PROOF. THE WEBSITE AND THE DATA MAY GET PILFERED, DAMAGED, LOST, GARBLED OR BECOME USELESS. We as a website shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.

Fees and Payment

You can place the order for the Products listed by the Seller at a price as shown or provided by the Seller. You need to place an order by making payment through available or provided payment modes. Prices listed are in Indian Rupees (unless specified) and are subject to change from time to time, at the sole discretion of the Seller. The WEBSITE reserves the right to require payment of fees for certain or all Services, in addition to the fees charged for the purchase and sale of any Product. You shall pay all fees, as described on the Website in connection with such Services selected by you. The WEBSITE charges a fixed rate of commission (depending on the medium of instruments used) on of the sale price on each transaction between Buyer and Seller, which it deducts from the payment made by the Buyer. The WEBSITE, at its sole discretion, reserves the right to modify the commission amount from time to time. The Seller shall bear and be responsible for any applicable federal, state, local and foreign taxes, duties, tariffs, levies, withholdings and similar assessments (including without limitation, sales taxes, use taxes and value added taxes) relating to the subject matter hereunder, excluding taxes based upon the WEBSITE’s net income; if there is any withholding required, the Seller will pay any amount specified on the Website without reduction for the withholding amount and will also pay the withholding amount to the applicable authorities. Payments to the Seller shall be paid out by the WEBSITE, subject to a minimum account balance in the Seller’s account and provided that the Seller has provided his correct account details during the registration of its account on the Website. The WEBSITE reserves the right to change pricing and payment policies and to institute new charges at any time, upon notice to the Seller, which may be sent by email or posted on the Website. All payments need to be made online and no offline payments are permitted by the WEBSITE.

User understands and acknowledges:

- that upon placing an Order You are entering into a legally binding and enforceable contract with the Seller to purchase the Products and /or services from the Seller using the payment facility, and You shall pay the price as listed on the Website through any such instrument as provided used for the payment, to the Seller using payment facility.
- That You shall be entitled to claim a refund of the Order placed (as Your sole and exclusive remedy) in case You do not get the confirmation of the Order placed. In case you do not raise a refund claim within the stipulated time than, WEBSITE or the Seller does not take the responsibility of the refund to be received by You, from your issuing bank.
- That no refund shall be made once the Order is placed or confirmed, using the Website (unless the services are not provided appropriately by the Seller).
- That WEBSITE, undertakes utmost care to provide secure payment system, however, it is susceptible to hacking, virus attacks, malfunction.
- That the User shall provide accurate payment details to the secure payment system for making purchase on the Website.
- The information provided by User will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order.
- The WEBSITE expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of User’s credit/ debit card.
- That the User undertakes all payments subject to own risk and volition.
- The WEBSITE shall not be liable for any loss or damage occurred to User arising directly or indirectly due to the decline of authorization for any transaction malfunction, errors and/or unscrupulous activities. We shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly due to the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit.

Refunds, Disputes and Chargebacks

For Buyer
As a general rule, no refund will be provided until and unless such circumstances exist that the Website deems fit to refund the transaction money. A Buyer may submit a claim for a refund for a purchase made by emailing at transhimalaya24@gmail.com and providing a clear and specific reason for the refund request and the exact terms that have been violated. Whether a refund will be provided will be determined by the Website, in its sole discretion. Refund requests must be submitted within 10 days of the purchase or within any such duration, as indicated by the Sellers. In case a Buyer has a dispute with the Seller where he/she wants a refund for the amount paid to the Seller, Buyer should create a case using the link on the transaction mail within 10 days from the date of transaction/purchase or placing the Order. In case of failure to do so by the Buyer, he/she agrees that it absolves the Website from any responsibility to facilitate the resolution of such dispute. The Buyer agrees not to dispute/chargeback the transaction with his/her credit card issuing bank without informing or obtaining prior consent of the Website.
For Seller
A transaction may be reversed or charged back to your account if it is disputed by the Buyer, reversed for any reason by the Network, deemed to be fraudulent, deemed to be in violation of this Agreement, or we have any reason to believe that the transaction was not completed in good faith. For any transaction that results in a chargeback, the Website may withhold the transaction amount from your account. If your account has any pending resolution of any chargebacks, the Website has the discretion to delay your next payout(s). The Website reserves the right to withhold from your account the amount of one or more transactions, if it believes that there is a significantly increased risk of a chargeback occurring on these transactions. The Website may also charge you a fee for each refund, or chargeback, or dispute incurred. If your account is incurring a significantly high volume of chargebacks according to the Website, the Website reserves the right to (a) suspend your account, (b) increase processing fees, (c) withhold payouts, (d) increase holding period for your funds to be paid out, (e) implement a rolling reserve. The Website reserves the right to charge a "Penalty fee" from the Users, including Buyers and Sellers, for abusing the platform, towards the charges incurred for the investigation, operational handling and legal consultation charges.
Interaction with Third Parties
The Services may contain links to third party websites or services ("Third Party Services") that are not owned or controlled by the Website, or the Services may be accessible by logging in through a Third Party Service, as described more fully in our Privacy Policy. When you access Third Party Services, you do so at your own risk. You hereby represent and warrant that you have read and agreed to be bound by all applicable policies of any Third Party Services relating to your use of the Services and that you will act in accordance with those policies, in addition to your obligations under this Agreement. The Website has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any Third Party Services. In addition, the Website will not and cannot monitor, verify, censor or edit the content of any Third Party Service. By using the Services, you expressly relieve and hold harmless the Website from any and all liability arising from your use of any Third Party Service. Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that the Website shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that the Website is under no obligation to become involved. In the event that you have a dispute with one or more other users or third parties, you hereby release the Website, its officers, employees, agents, and successors in rights from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes. THE Website DOES NOT WARRANT OR ENDORSE AND DOES NOT ASSUME AND WILL NOT HAVE ANY LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER PERSON FOR ANY THIRD PARTY SERVICES, THIRD PARTY MATERIALS OR WEB SITES, OR FOR ANY OTHER MATERIALS, PRODUCTS, OR SERVICES OF THIRD PARTIES.

Termination and Suspension

This Agreement shall remain in full force and effect while you use the Services. You may terminate your use of the Services at any time. The Website may terminate or suspend your access to the Services or your membership or registration at any time, for any reason, and without warning, which may result in the forfeiture and destruction of all information associated with your membership. The Website may also terminate or suspend any and all Services and access to the Website immediately, without prior notice or liability, if you breach any of the terms or conditions of this Agreement. Upon termination of your account, your right to use the Services, access the Website, and any Content will immediately cease. On termination of your account, the Website has the right to refund your transactions, or keep your funds on hold for a period, as deemed fit by the Website, from the date of termination post which such amount shall be released to your account or any such account as directed, in accordance with the then applicable laws. All provisions of this Agreement which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. The Website, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person or User in writing or through email signed with electronic signature about any such information which is not authorized to be displayed while using the Services, including, not limited to, the details as provided in the above mentioned Section 4, the Website shall act within thirty six hours or at the time the Website is aware of such information being posted and where applicable, work with User or owner of such information to disable such information that is in contravention and not authorized to be displayed on the Website or in the Services provided. Further, the Website shall preserve such information and associated records for at least ninety days or for any number days, for investigation purposes. Post internal investigation(s), if any, conducted by the Website and post ceasing the right(s) of the Seller or the User or any other relevant party to access or use the Services, Website, and any Content, Website reserves the right to disclose any and all information to the relevant governmental authorities, for any further actions to be taken under the law. The Website reserves the right to take any such action, on any suspicious and/or reasonable ground(s).

Force Majeure

Without limiting the foregoing, under no circumstances shall the Website, its affiliates, officers, employees, agents, partners and licensors be held liable for any damage or loss, penalty due to delay or deficiency in performance of the Website and Services resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication failures, major electricity failures, internet outage, downtime, floods, storms, accident, civil disturbances, riots, strikes, shortages of labor, fluctuations in heat, light, fire or air.

Change

We have and continue to have the right to modify, change or update this Terms of Service and any other policies as provided on the Website, at any time by reasonably highlighting on the Website about such change. Such changes shall be effective immediately upon posting to the Website. You are advised to keep a regular check and update on the Policy updates on the Website.

Advertisements

The Website will also post, display, publish or provide links of advertisements of advertisers on the Website at various places on the Website. The places of such Advertisements shall not be fixed. These advertisers might set cookies on Website which shall use your data, information for various other links. If you would like to know more information about this practice and to know your choices about not having this information used by any company, please refer to the relevant policy of such advertiser for more information. We do not endorse or recommend or market or warranty the advertisements or advertisers or quality, suitability, merchantability, fitness, commitment, reasonability of the Product and/or services offered by such advertisers. We are not responsible for any of these advertisers as these will by third party advertisers. If you intend to deal with the advertisers, you shall directly deal with them at your entire risk and volition and Company shall not be made a party or forced party in any such conflicts. Take down Procedure: If the user claims that the Content hosted on the Website is infringing any copyright owned personally, user is required to give a written complaint with all the required particulars mentioned under sub-rule (2) of Rule 75 of the Copyright Rules, 2013, which includes namely: a. the description of the work with adequate information to identify the work; b. details establishing that the complainant is the owner or exclusive licensee of copyright in the work; c. details establishing that the copy of the work which is the subject matter of transient or incidental storage is an infringing copy of the work owned by the complainant and that the allegedly infringing act is not covered under section 52 or any other act that is permitted under the Act; d. details of the location where transient or incidental storage of the work is taking place; e. details of the person, if known, who is responsible for uploading the work infringing the copyright of the complainant; and f. undertaking that the complainant shall file an infringement suit in the competent court against the person responsible for uploading the infringing copy and produce the orders of the competent court having jurisdiction, within a period of twenty-one days from the date of receipt of the notice. The complaint can either be e-mailed to us at support@instamojo.com or sent in hard copy to the contact address mentioned in the Company’s Website. If we are satisfied from the details provided in the complaint that the copy of the work is an infringed copy, we shall take necessary steps and measures to refrain from facilitating the alleged infringed content and take down the content within 36 hours in accordance with sub-rule (3) and (4) of Rule 75 of the Copyright Rules, 2013. However, we shall refrain from facilitating the content in dispute only for a statutory period of twenty-one days from the date of receipt of the complaint or till we receive an order from the competent court restraining us from doing do, whichever is earlier. We shall not be under any obligation whatsoever, to respond to any further notice sent by the same complainant on the same work in the same location if he/she fails to produce the orders of the competent court having jurisdiction within the stipulated period mentioned above.

Contact

If you have any questions, complaints, or claims with respect to the Services, you may contact us at transhimalaya24@gmail.com. Our physical address is mentioned at instamojo.com/contact/.

Last updated: 16.06.2017

Privacy Policy:

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