A Simple Guide to Writing a Legally Binding Terms and Conditions
These Terms govern access to and use of the adivaha® Company Platform by Travel Agent Partners. By accessing the platform you agree to be bound by the terms detailed below.
General Terms of Use
adivaha® reserves the rights to switch API supplier, or change the project flow anytime without intimation in order to keep the existing customers application working in case of any downtime of current API service.
adivaha® company is the owner of this site, including all information, images, documents, text and all other elements of the site and all products offered on this site and service provider operating through the site, in accordance with the terms and conditions set forth in the document.
The content of the pages of this website is for your general information and use only. It is subject to change without notice.
Not all WordPress themes and HTML5 templates are owned by adivaha. We provide links to the authors and direct purchase options from their respective sites.
By using materials from this site, including the use of any of the services, downloading any materials or simply browsing the site, you agree to the Terms of Use and are obliged to observe them.
You agree not to copy, publish, download, transmit, modify, lease or loan, sell, distribute, licensed, sublicense, not redesign the products and services, or create derivative-based products and services except in cases specified in this document, without explicit authorization from “Adivaha”.
adivaha® hereby waives any rights to trademarks, service marks, trade names, logos, copyrights, patents, domain names or other intellectual property.
adivaha® reserves the rights to suspend and cancel the account without any prior notice if any suspicious or illegal activity detected.
Scope
Travel Agent Partner shall facilitate the processing of Bookings of Platform Services by the customer through the Company Platform.
Travel Agent Partner shall solely perform the services as specified in this Agreement or as may be authorised by the Company, in writing, from time to time.
The Company will be responsible for generating the Booking Voucher to be shared with the customer. The Company will share the booking confirmation with the Travel Agent Partner and the Travel Agent Partner in turn shall share Booking Voucher with the customer on an “as-is” basis.
No action or omission by the Travel Agent Partner beyond the scope of authorisation as detailed in this Agreement will bind the Company.
Access to Company Platform
The Company provides limited, non-exclusive and non-transferable right to Travel Agent Partner to access and use the Company Platform.
The Company Platform shall not be used, compiled, cached, sold, distributed or otherwise made available by Travel Agent Partner except as specifically provided in this Agreement.
The Company has the right, at any time, to terminate or suspend access of the Company Platform, without any liability, if the Company believes in good faith that (i) such termination or suspension is necessary to preserve the security, integrity, or accessibility of the Company Platform; (ii) fraud, abuse or misuse of the Company Platform is being caused or permitted by Travel Agent Partner or (iii) Travel Agent Partner breaches any terms of this Agreement.
The Company is rendering services as a facilitator between Service Provider and customer and the Service Provider shall be responsible for the provision of Platform Services to the customer.
Travel Agent Partner acknowledges that the rates and prices are not owned by adivaha®. As a travel technology partner, adivaha® is just providing the net rates directly from the supplier without any additional charges or markups at adivaha® end.
Travel Agent Partner understands that the cash balance (deposits) has to be maintained with the Company for real time ticket and voucher issuance.
The Travel Agent Partner acknowledges that the search results are retrieved from various sources, including multiple GDS, BedBanks, Consolidators, and some direct Airlines. Please note that this process may take a moment to load the results.
The Travel Agent Partner understands that each solution, including White Labels, WordPress Plugins, Mobile Apps, and other variants, comes with its own set of advantages and disadvantages.
The Travel Agent Partner has pre-discussed their requirements before ordering the solution. adivaha® retains the right to accept or deny customizations that have not been pre-discussed.
The Travel Agent Partner acknowledges and agrees that any application fee, Wallet Funding or setup charges paid to adivaha® are strictly non-refundable. Any amounts deposited into supplier and airline wallets are subject to the applicable supplier, airline, and adivaha® refund policies and timelines. Refunds, where applicable, will be processed strictly in accordance with these policies, and the Travel Agent Partner shall not request or demand expedited or immediate refund processing.
The Travel Agent Partner acknowledges that the services are constrained by the solutions provided by the Company. adivaha® reserves the right to approve or reject modifications or customizations to the solution that are not within the Company’s scope.
Obligations of Travel Agent Partner
Travel Agent Partner shall:
- Adhere to terms of use available on the Company Platform or as communicated by the Company from time to time.
- Use its own infrastructure and equipment(s) for rendering the Services.
- Maintain and use appropriate and up-to-date virus protection procedures and software on the equipment used.
- Be responsible for maintaining security of log-in credentials (including the user name and password) shared by the Company.
- Take all precautions to prevent any unauthorised use of the Company Platform and any log-in credentials.
- Be responsible for any loss, theft or unauthorized use of its log-in credentials and immediately notify the Company.
- Establish and maintain reasonable safeguards against the destruction, loss or unauthorized alteration of the Company Platform.
- Be responsible for any fraud pursuant to the access granted to Travel Agent Partner.
- Use the Company Platform solely for making travel reservations; providing travel information to its customers; and any other actions authorized by the Company.
- Promote the Platform Services as per the scope specified by Company.
- Not use the brand name (includes modifications), logo, tradename or references of Company in any of the marketing activities, except with the prior approval of Company.
- Not modify or alter the listing price of the Platform Services.
- Submit the customer queries to the Company immediately where Company’s assistance is required.
- Generate reports (including Booking reports) upon request of the Company from time to time.
- Adhere to all instructions of the Company communicated from time to time.
- Provide relevant and accurate data and other assistance as the Company may reasonably require in respect of the Bookings.
- Conduct itself in a manner which does not impact or may cause an impact on the goodwill of the Company.
- Not make any admission of liability on behalf of the Company to any customer for the Platform Services.
- Not promise any refund or compensation on behalf of the Company while booking the Platform Services without prior written consent of the Company.
- Not use, modify, download, copy, compile, cache, sell, transmit, distribute or otherwise made available anything from the Company Platform.
- Not gather or extract anything (using automated tools or otherwise) from the Company Platform.
- Ensure that any Booking terms specified or communicated by the Company are drawn to attention of each customer before confirming the Booking.
- Make the payment of the Bookings to the Company by utilising any payment mechanism on the Company’s Platform.
- Before sharing any customer data with Company, obtain specific authorisation from all customers of Travel Agent Partner.
Representations & Warranties
Each Party represents and warrants to the other Party that:
It has full legal right, power and authority to carry on its business and to enter into this Agreement and perform all of its obligations, terms and conditions hereunder.
Neither the execution nor delivery of this Agreement, nor the fulfilment nor compliance with the terms and provisions hereof, will conflict with, or result in a breach of terms, conditions or provisions of, or constitute a default under, or result in any violation of its charter documents or by-laws, if any, or any agreement, restrictions, instrument, order, judgment, decree, statute, law, rule or regulation to which it is subject.
It is rendering the Services in compliance with all the applicable laws, regulations and statutes including but not limited to the requirements of the applicable tax laws.
It has full right, title and interest in and to all Intellectual Property Marks (“IPR”) which it provides to the Company, for use related to the Services, and that any IPR provided will not infringe the IPR of any third party.
The customer information collected by the Travel Agent Partner and provided to the Company including the PAN and GSTIN, if applicable, in any form and manner whatsoever, is true, accurate and complete.
Commercials & Taxes
The Travel Agent Partner understands and agrees that the Company has invested a lot of resources and efforts over a considerable period of time to create the Company Platform, offer wide range of Platform Services, convenience of conducting business and easy-to-use tools for the benefit of the Travel Agent Partner.
No fixed or variable commission or remuneration will be payable by the Company to the Travel Agent Partner including any expenses incurred by the Travel Agent Partner.
The Travel Agent Partner may charge service fee along with the applicable taxes from the customer outside the Company Platform. The Travel Agent Partner shall be solely responsible for the compliance with the applicable tax laws.
Each Party would be solely responsible for the compliance of all applicable laws including laws regarding Goods and Platform Services Tax (GST), central, state or local levies with respect to payment of tax, duties, levies, charges, cess, etc.
The Parties would be responsible for their own tax assessments, audits, inquiries, etc. and would keep the other Party indemnified from any additional tax demand arising out of the same.
Travel Agent Partner shall remit the entire amount paid by the customer pursuant to the Booking made through the Company Platform along with the applicable taxes to the Company through the available payment mode including Wallet.
For the service fee (if any) charged, Travel Agent Partner shall issue a tax invoice on the customers only for the amount of service fee along with applicable taxes.
Confidential Information
The Parties agree that any information (including any written, tangible or intangible information) exchanged between or disclosed by either Party to the other Party from time to time, which by its inherent nature is confidential or is specifically mentioned as confidential, shall be the confidential information of the disclosing Party. The Party receiving such confidential information shall not disclose the same to the public or any third party without taking the prior written approval of the other disclosing Party.
The obligation of confidentiality shall not apply to information which: at the time of disclosure was already in the possession of the other Party; was already in the public domain; became generally available to the public through no fault of the receiving Party; was subsequently disclosed to the receiving Party by a third party having a lawful right to disclose; has been independently developed by the receiving Party; or is required to be disclosed to comply with applicable laws.
Consumer and Business Data: In the event either Party processes business data on behalf of the other Party or obtains personal data from consumers as part of the performance of this Agreement, they shall consider such data as Confidential.
Intellectual Property
All rights pertaining to trade names, trademarks, service marks, logos, symbols, proprietary marks and any other Intellectual Property Rights in respect of Company Platform as well as any information supplied by the Company shall exclusively vest with the Company.
The Travel Agent Partner shall not acquire any right whatsoever, in the Intellectual Property or proprietary rights of the Company on account of access to the Company Platform.
Term and Termination
The Agreement shall commence from the Effective Date or the date of first login on the Company Platform by Travel Agent Partner and shall be valid perpetually (“Term”) unless terminated by either Party by serving 30 (thirty) days’ written notice to the other Party.
The Company may, at its sole discretion, terminate this Agreement with a shorter or immediate notice for material breach of the terms of this Agreement by Travel Agent Partner; for any statutory reasons; or in case of a breach which is non-capable of being cured.
The accrued obligations of a Party prior to termination of this Agreement shall continue to be binding on that respective Party until completely discharged. Travel Agent Partner shall continue to provide Services for the Bookings prior to the date of termination.
Indemnification & General
Indemnification: Each party (the “Indemnifying Party”) agrees to indemnify and hold harmless the other party (the “Indemnified Party”), its officers, directors, employees, and agents from and against any claims, damages, liabilities, losses, and expenses arising out of or in connection with any third-party claims or actions resulting from: (a) the Indemnifying Party’s breach of any representation, warranty, or obligation under this Agreement; (b) the Indemnifying Party’s negligence or willful misconduct.
Indemnification Procedure: The Indemnified Party shall promptly notify the Indemnifying Party in writing of any claim for which indemnification is sought, and the Indemnifying Party shall have the right to assume the defense.
Governing Law: This Agreement is governed by the laws of India and Parties agree to the exclusive jurisdiction of courts of New Delhi, India.
Assignment: Travel Agent Partner shall not assign this Agreement to any third party without the Company’s prior written consent. The Company may assign this Agreement without Travel Agent Partner’s consent.
Force Majeure: Neither Party shall be responsible for any failure to comply with its respective obligations where such failure or delay is due to events of Force Majeure (war, riot, flood, fire, Acts of God, epidemic, explosion, disease, earthquake, hijacking, sabotage, crime).
Click-wrap Agreement: This Agreement shall be signed by the Travel Agent Partner through filling the online form with its details and agreeing to these terms as a click-wrap agreement.
Definitions
“Affiliates” includes persons which are Controlled by Company, or under common Control of a person who is controlling Company.
“Booking” means the booking of the Platform Service, through the Company Platform, between the Service Provider and customer.
“Booking Voucher” means voucher generated subsequent to the confirming of the Booking which gives the break-up of the listing price of the Platform Services, any applicable taxes along with the details of the customer and the name of the Travel Agent partner.
“Company Group” means any entity which is controlled by, or controls, or under common control as the Company.
“Company Platform” means any present or future booking or information platforms (like websites, mobile applications, m-sites, processes and sales channels) owned or operated by any entity forming part of the Company Group. Company Platforms include www.mypartner.adivaha.com, www.adivaha.com and their respective mobile applications.
“Control” means ability to, directly or indirectly, direct or cause the direction of the management or policies of a person.
“Intellectual Property Right” means any patent, copyright, inventions, database rights, design right, registered design, trade mark, trade name, brand, logos, service mark, know-how, utility model, unregistered design or any application for any such right.
“Platform Services” means services made available by Service Provider(s) on the Company Platform.
“Service Provider” means a third party who is making available Platform Services on the Company Platform.
“Wallet” means real prepaid stored value account of Travel Agent Partner maintained with the Company.
Under the Master Direction — Liberalized Remittance Scheme (LRS) Issued by Reserve Bank of India, expenses on travel outside India are covered under LRS and Travel Agent Partner shall be obligated to collect PAN of the customer compulsorily for Bookings pertaining to travel outside India.
Cross Browser Compatibility, Graphics, Security & Maintenance
Cross Browser Compatibility: adivaha® Solutions will be viewable by the most recent versions of Firefox, Chrome and Microsoft Internet Explorer. Although presentation may not be identical among browsers, critical elements of each page will be displayed. Some advanced techniques (e.g., HTML5 and video) may require a more recent browser version.
Graphic Creation: The images used in the demo are for dummy usage only and Website owner is advised to upload their own images to avoid any illegal issues.
Security Certificate: If the Client proceeds with going LIVE, the Client is encouraged to obtain a secure certificate for on-line transactions. The Client understands that if they do not obtain their own secure certificate, design capabilities on the application itself may be limited.
Maintenance Agreements: Maintenance Agreements are negotiated on an individual basis, as each client has differing needs. Developer offers a maintenance agreement in which the customer pays on an “as needed” hourly basis.
Additional Expenses: Client agrees to reimburse the Developer for Client-requested expenses. Examples include: 1. Special font request; 2. Unique photograph request; 3. Every Single Clone Setup (As API Maintenance Charges); 4. Client-specific software request.
Client represents to the Developer and unconditionally guarantees that any elements of text, graphics, photos or other artwork furnished to the Developer for inclusion in the Client’s web site are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect and defend (indemnify) the Developer and its subcontractors from any claim or suit arising from the use of such elements.
Limited Liability: Client agrees that any material submitted for publication will not contain anything leading to an abusive or unethical use of the Web Hosting Service, the Host Server or the Developer. Abusive and unethical materials and uses include pornography, obscenity, nudity, violations of privacy, computer viruses, harassment, any illegal activity and copyright / patent / trademark infringement.
It is also understood that the Developer will not publish information which may be used by another party to harm another. The Developer reserves the right to determine what is and is not unethical content.
Design Credit: Client agrees that adivaha® may use their website as a reference in their portfolio and may showcase the project in their Feedback section with client’s feedback.
Questions about these terms?
For any questions about this Agreement or to contact us, please reach our team at info@adivaha.com.
See also our Privacy Policy and Refund & Cancellation Policy.