Master User Agreement

Master User Agreement: Acceptance of Terms

 

This User Agreement constitutes a binding contract between the User of the website Mashahur.com, and Mashahur.com (Owned by Bandanasim Travel Services Private Limited) with regard to the use of services provided by Bandanasim Travel Services Private Limited.

 

A.1 Bandanasim Travel Services Private Limited is an incorporated company under the laws of India, with its Registered office at B-1/93, F-2, DLF Dilshad Extension Second, Ghaziabad – 201005 to provides various travel related services through its Website (www.mashahur.com), E-mail, and mobile-cellular technology.

 

A.2 This User Agreement (“Agreement”) is applicable to all Services provided by Bandanasim Travel Services Private Limited under the Brand name Mashahur. In addition to this Agreement and depending on the Services opted for by the User, the User shall be required to read and accept the relevant terms and conditions of service, which may be updated or modified by Mashahur.com from time to time. Such Terms of Service shall be deemed to be a part of this Agreement and in the event of a conflict between such Terms of Service and this Agreement, the terms of this Agreement shall prevail.

 

A.3 The Services offered by Mashahur.com to the User conditioned on acceptance without modification of all the terms, conditions and notices contained in this Agreement and the TOS, as may be posted on the Website from time to time. For the removal of doubts, it is clarified that availing of the Services by the User constitutes an acknowledgement and acceptance by the User of this Agreement and the TOS. If the User does not agree with any part of such terms, conditions and notices, the User must not avail Mashahur Services.

 

A.4 Mashahur.com at its sole discretion reserves the right not to accept any order placed by the User through the Website without assigning any reason thereof. Any contract to provide any service by Mashahur.com is not complete until full money towards the service is received from the User and accepted by Mashahur.com.

 

B. Modification of Terms

Mashahur.com reserves the right to change the terms, conditions and notices under which the Services are offered through the Website, including but not limited to the charges for the Services provided through the Website. The User shall be responsible for regularly reviewing these terms and conditions.

 

C. Privacy Policy

The User hereby consents, expresses and agrees that he has read and fully understands the Privacy Policy of Mashahur.com. The User further consents that the terms and contents of such Privacy Policy are acceptable to him.

 

D.1 Limited User

The User agrees and undertakes not to sell, trade or resell or exploit for any commercial purposes, any portion of the Service. For the removal of doubt, it is clarified that Mashahur.com Services, including the use of the Website, is not for commercial use but is specifically meant for personal use only.

 

D.2 The User further agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Website. Limited reproduction and copying of the content of the Website is permitted provided that the Mashahur's name is stated as the source. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.

 

E. Disclaimer of Warranties/Limitation of Liability

E.1 Mashahur.com has endeavored to ensure that all the information provided by it is correct, but Mashahur.com neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data or information. Mashahur.com makes no warranty, express or implied, concerning the Website and/or its contents and disclaims all warranties of fitness for a particular purpose and warranties of merchantability in respect of services, including any liability, responsibility or any other claim, whatsoever, in respect of any loss, whether direct or consequential, to any User or any other person, arising out of or from the use of any such information.

 

E.2 To the extent Mashahur.com acts only as a booking agent and facilitator of Services on behalf of third party service providers, it shall not have any liability whatsoever for any aspect of the arrangements between the service provider and the User as regards the standards and rendering of services by the service providers. In no circumstances shall Mashahur.com be liable for the services provided by the service provider.

 

5.3 Although Mashahur.com makes reasonable commercial efforts to ensure that the description and content on each page of the Website is correct, it does not, however, take responsibility for changes that occurred due to human or data entry errors or for any loss or damages suffered by any User due to any information contained herein.

 

Also, Mashahur.com is not the service provider and cannot therefore control or prevent changes in the published descriptions or representations, which are always based upon information provided by the service providers. Mashahur.com acts only as a facilitator of Services and shall not be held liable for any changes, deficiencies, disputes, etc. related to the services being provided by Service Providers, including the matters related to delays in refunds or no refunds, of the fares and charges paid to Service Providers. All refunds to User/customer on account of cancellation of any tickets/services or otherwise shall be made subject to receipt of such refunds by Mashahur.com from the respective Service Provider.

 

E.4 Mashahur.com does not, by offering travel related services to particular destinations, represent or warrant that travel to such destinations is without risk, and shall not be liable for damages or losses that may result from travel to such destinations.

 

E.5 In no event shall Mashahur.com be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the services; (b) the cost of procurement of substitute goods and services or resulting from any goods, information or services purchased or obtained or messages received or transactions entered into through the services; (c) unauthorized access to or alteration of the User's transmissions or data; (d) any other matter relating to the services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with availing services from Mashahur.com.

 

Neither shall Mashahur.com be responsible for the delay or inability to use/avail the Website or Services, the provision of or failure to provide services by Service Provider, or for any information, software, products, services and related graphics obtained from Mashahur.com, whether based on contract, tort, negligence, strict liability or otherwise. Further, Mashahur.com shall not be held responsible for non-availability of the website during periodic maintenance operations or any unplanned suspension of access to the services that may occur due to technical reasons or for any reason beyond Mashahur.com's control. The User understands and agrees that any material and/or data downloaded or otherwise obtained from Mashahur.com is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or any other loss that results from such material and/or data.

 

These limitations, disclaimer of warranties and exclusions apply without regard to whether the damages arise from (a) breach of contract, (b) breach of warranty, (c) negligence, or (d) any other cause of action, to the extent such exclusion and limitations are not prohibited by applicable law.

 

The maximum liability on part of Mashahur.com arising under any circumstances, in respect of any Services availed, shall be limited up to a maximum of the refund of total amount received from the User/customer for providing the services less any cancellation, refund or others charges, as may be applicable. In no case Mashahur.com shall be liable for any consequential loss, damage or additional expense whatsoever. In no event Mashahur.com shall be liable for any kind of refunds/returns of charges/fee/fares paid to Service Provider for rendering the services to User/customer.

 

F. Links to Third Party Sites

F.1 The Website may contain links to other websites ("Linked Sites") or Apps or Widgets. The Linked Sites or Apps or Widgets are not under the control of Mashahur.com or the Website and Mashahur.com is not responsible for the contents of any Linked Site or Apps or Widgets including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Mashahur.com is not responsible for any form of transmission, whatsoever, received by the User from any Linked Site or Apps or Widgets. Mashahur.com is providing these links to the User only as a convenience, and the inclusion of any link does not imply endorsement by Mashahur.com or the Website of the Linked Sites or Apps or Widgets or any association with its operators or owners including the legal heirs or assigns thereof.

 

F.2 Mashahur is not responsible for any errors, omissions or representations on any Linked Site or Apps or Widgets. Mashahur.com does not endorse any advertiser on any Linked Site in any manner. The Users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.

 

G. Prohibition against Unlawful Use

As a condition of the use of the Website, the User warrants that they will not use the Website for any purpose that is unlawful or illegal under any law for the time being in force within or outside India or prohibited by this Agreement and/or the Mashahur.com including both specific and implied. In addition, the Website shall not be used in any manner, which could damage, disable, overburden or impair it or interfere with any other party's use and/or enjoyment of the Website. The User shall refrain from obtaining or attempting to obtain any materials or information through any means not intentionally made available or provided for or through the Website.

 

H. Use of Communication Services

H.1 The Website may contain services such as email, chat, bulletin board services, information related to various tourist spots, news groups, forums, communities, personal web pages, calendars, and/or other message (hereinafter collectively referred to as "Communication Services"). The User agrees and undertakes to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, the User agrees and undertakes that when using a Communication Service, the User will not:

 

defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;

publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;

upload files that contain software or other material protected by intellectual property laws unless the User owns or controls the rights thereto or have received all necessary consents;

upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer;

advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages;

conduct or forward surveys, contests, pyramid schemes or chain letters;

download any file posted by another User of a Communication Service that the User know, or reasonably should know, cannot be legally distributed in such manner;

falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;

violate any code of conduct or other guidelines, which may be applicable for or to any particular Communication Service;

violate any applicable laws or regulations for the time being in force in or outside India; and

violate any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere herein.

H.2 Mashahur.com will review materials posted through Communication Service and shall remove any materials in its sole discretion. Mashahur.com reserves the right to terminate the User's access to any or all of the Communication Services at any time without notice for any reason whatsoever.

 

H.3 Mashahur.com reserves the right at all times to disclose any information as is necessary to satisfy or comply with any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Mashahur.com's sole discretion.

 

H.4 Mashahur.com does not control or endorse the content, messages or information found in any communication service and, therefore, Mashahur.com specifically disclaims any liability or responsibility whatsoever with regard to the communication services and any actions resulting from the User's participation in any communication service.

 

H.5 Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. User is responsible for keeping himself updated of and adhering to such limitations if they download the materials.

 

H.6 When you register with Mashahur.com, we or any of our partners/affiliate/group companies may contact you from time to time to provide the offers/information of such products/services that we believe may benefit you.

 

I. Termination/Access Restriction

As a seller member on Mashahur.com you could not receive payment directly from the travellers. If you receive payment directly in to your account from travellers then your membership would be cancelled. Mashahur.com reserves the right, in its sole discretion, to terminate the access to the website and the related services or any portion thereof at any time, without notice.