TERMS AND CONDITIONS GOVERNING THE MEMBERSHIP OF TRAVEL SPECIALISTS ON TRIPRAJA.COM/YOUDO
Acceptance of terms
These are the terms and conditions ("Terms") governing the use of the website www.TripRaja.com/youdo ("the Website") by travel specialists. The Website is owned and managed by Komli Media India Private Limited ("Company"), a company incorporated under the laws of India.
For the purpose of the facility offered on the Website, it is mandatory to register and become a member on the Website ("Membership"). Registration automatically signifies acceptance of the Terms as listed below and as set out on the Website.
For the purpose of the Website, a travel specialist ("Specialist") is any person or entity who sells or offers for sale or provides any kind of travel, transportation, accommodation arrangements including but not limited to holiday/ vacation related arrangements.
Description of services
The Website provides a service that connects the Specialists to the users of the Website ("Users"). The Users submit travel requests which shall inter alia include contact details, mode of travelling, desired destination and other travel plan related details ("Leads"). These Leads are then offered for sale by the Website to up to a maximum of five Specialists who may be in a position to service the travel needs of the Users (The Company reserves the right to change this number). The Specialists to whom the Leads may be offered for purchase shall be selected by the Company on the basis of the Agent services details provided by the Agent on the Website ("Campaigns").
Every Campaign that is set-up and submitted should entail the details of the services that the Agent desires to extend to the Users of the Website. Based on the Lead and the Campaign, the Company through its automated system on the Website selects five Travel Specialists. The selection of the Specialists at all times will be at the discretion of the Website and broadly based on the specific travel requests of the Users and the ability of the Specialists to service those needs in the best possible way.
Membership requirements
You are required to register and become a member of the Website to avail the services offered by it. Membership indicates your agreement with and acceptance of these Terms, as may be amended from time to time by the Company in its sole discretion. The Company may amend this agreement at any time by posting a revised version on the website. You are advised to regularly check for any amendments or updates to the terms and conditions contained in this User Agreement.
To become a member, you are required to submit your duly completed membership application on the Website. If the Company does not receive the same, the Company shall have no obligation to enroll you as a member or activate your status as a Specialist. By registering with the Website, you represent and warrant that all information submitted by you is correct, complete and accurate. You further agree to keep this information up to date at all times.
Membership opportunities
On becoming a member of the Website, you will receive an individual password for accessing your account on the Website. You are responsible for keeping the password confidential and also responsible for all activities that occur with the use of the account, whether or not such use is authorized. You agree not to share the password with anyone else and on discovery of any unauthorized use, you will immediately inform the Website of such use. The account and the password will enable you to create Campaigns that will define the profile of the customer leads that you want. At anytime during the validity of your Membership, you shall be entitled to amend your Campaigns, switch Campaigns off and on.
Further, by registering with the Website you agree that the Website may send from time to time emails alerting you of Leads available for purchase. You are not under any obligation to purchase any Leads from the Website. The Website may also send communications notifying you of any Website promotions, contests and surveys.
Activation of Campaigns
Membership enables you to create Campaigns on the Website. The Lead cost will be determined by the Company based on your Campaigns available on the Website and will be an outcome of the attributes of a User selected during creation of a Campaign. However, for the activation of the Campaigns and to receive Leads, you will have pay the fees prescribed in the Fee Schedule. The mode of the payment shall be mutually agreed between the Company and the Agent. Once you make the payment, you are entitled to receive Leads worth the amount paid by you to the Company. Your Campaign on the Website will be paused / removed from the Website if the funds paid by you to the Company have been utilized to purchase the Leads. To continue your Membership and receive more Leads you will be then prompted by the Website to make additional payments. These payments are non-refundable and you shall be required to purchase Leads from the Company within a period of a maximum of six months from the date of making the payments to the Company. However, you acknowledge and agree that Leads will be offered to you for purchase depending on but not limited to User requirements matching the Campaigns submitted by you on the Website and your submitted Bid Price.
Membership and creating a campaign successfully also allows you to submit your special offers on the website. These offers can be featured on www.tripraja.com at the Company's discretion. The charge for featuring these offers is at the sole discretion of the Company. Pausing/Termination of your membership could result in termination of these offers being featured too. You are liable to provide all correct information in these offers and not attempt to attract Users through any false representation, deals, expired offers etc. Users can respond to the offer in form of a lead, however, there is no guarantee that the lead will be received by you/in your account. This is solely dependant on your submitted offer fitting within your submitted campaign parameters, your account and fee payment status and other factors as described in 'Activation of Campaigns'. You will also not offer customers or set-up campaigns for what you do not deal in or have access to or don't have selling rights.
Servicing Leads
By purchasing Leads you acknowledge and agree that (i) the same Lead as purchased by you may be purchased by up to four other Specialists who may be in a position to service the travel request of the Lead, (ii) only the Agent/s purchasing the Lead may contact the User, (iii) you will contact the User within 1 calendar day of purchase; (iv) you will only contact the User in the manner indicated by the User in the Lead; (v) you will not disclose, sell, transfer, assign or give any Lead provided by or through the Website to any other person or entity, (vi) you will use the Leads solely for the purpose of responding to the trip request of the User, (vii) you will comply with any and all applicable laws, rules and regulations and any applicable industry and ethical standards, (viii) you will not act or omit to act in any way towards a User that is fraudulent, deceptive, threatening, abusive, harassing, discriminatory, defamatory or invasive of that person's privacy, and (ix) you will not take any action designed to manipulate User feedback, reviews and ratings.
User Feedback, Reviews and Ratings
User may from time to time submit feedback and reviews to the Website about the services rendered by you in connection with your servicing of a Lead. You understand that the Website may from time to time publish such feedbacks and reviews and use such feedback and reviews to rate the services rendered by you. You further acknowledge that the Website does not control, pre-screen and is not responsible for such feedback and reviews made by the User purchasing a Lead.
Proprietary Rights
You acknowledge and agree that the Company owns, solely and exclusively, all rights, title and interest in and to the Website including, but not limited to, all copyright, trademark, trade name, service mark, patent, trade secret, moral, database and other intellectual property and proprietary rights inherent therein or appurtenant thereto.
All trademarks, logos, and service marks used in the Website are the property of the Company or their respective owners. Your use of the Website should not be construed as the granting, by implication or otherwise, any license or right to use any marks or any other proprietary rights without the prior written consent of the Company or the third party owner thereof, as shall be relevant.
Representations and Warranties
You represent, warrant and covenant to the Company that (i) all persons authorized by the you to use the Website account are your Specialists/ employees etc, (ii) you maintain all requisite licenses, certifications, accreditations and authorizations required for the conduct of the travel agent business and all such licenses, certifications, accreditations and authorizations are valid and in good standing; (iii) you have the full right, power and authority to enter into these Terms, (iv) the execution of these Terms by you and your use of the Leads do not and will not violate any law or regulation or any agreement to which you are a party, and (v) you shall not use any hardware or software intended to damage or interfere with the proper and timely functioning of any service offered by the Website, or to surreptitiously intercept any system, data or personal information from the Website.
Termination
The Company may cancel your Membership at any time, with or without cause. In the event that you fail to comply with any of the Terms, the Company may at its sole discretion, cease to provide any further Leads and immediately terminate the Membership. In case there is no activity on the account for a period of six months, the Membership may be treated as terminated.
Disclaimer of Warranties
YOU ACKNOWLEDGE THAT THE LEADS ARE PROVIDED HEREUNDER "AS IS" WITH NO WARRANTY WHATSOEVER AND THAT YOUR USE OF THE SERVICES PROVIDED BY THE COMPANY ARE AT YOUR OWN RISK. WITHOUT LIMITING THE FOREGOING, YOU FURTHER ACKNOWLEDGE THAT THE COMPANY DOES NOT INVESTIGATE OR OTHERWISE VERIFY ANY OF THE LEADS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE RESULTS THAT MAY BE OBTAINED BY PURCHASING LEADS AND UNDER NO CIRCUMSTANCES WILL THE COMPANY BE RESPONSIBLE FOR ANY INTERACTIONS BETWEEN YOU AND ANY USER INCLUDING, WITHOUT LIMIATIONS, ANY TRANSACTION THAT MAY RESULT.
NOTWITHSTANDING ANYTHING CONTAINED HEREIN THE COMPANY ACCEPTS NO LIABILITY IF IT IS UNABLE TO PERFORM A SERVICE AS A RESULT OF (I) A TECHNICAL PROBLEM WHICH IS NOT IN ITS CONTROL OR FOR WHICH IT IS NOT RESPONSIBLE FOR, OR (II) THE NON OR PARTIAL PERFORMANCE OF ANOTHER PARTY UPON WHICH IT IS DEPENDENT TO PERFORM A SERVICE.
Limitation of Liability
THE COMPANY DISCLAIMS ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES) IN ANY WAY ARISING FROM (A) THE USE OR DISCLOSURE OF ANY LEAD; AND (B) ANY TRANSACTION BETWEEN YOU AND A USER. WITHOUT LIMITING THE FOREGOING, THE COMPANY SHALL NOT BE LIABLE FOR DAMAGES EXCEEDING THE AMOUNT PAID BY YOU TO THE COMPANY IN THE LAST ONE CALENDAR MONTH PERIOD IMMEDIATELY PRECEEDING THE EVENT THAT GAVE RISE TO THE DAMAGES.
IF THERE IS A DISPUTE BETWEEN YOU AND ANY USER OR ANY THIRD PARTY ARISING OUT OF OR RELATED TO THE LEAD(S) AND/OR THE SERVICES PROVIDED BY THE WEBSITE, YOU UNDERSTAND AND AGREE THAT THE COMPANY IS UNDER NO OBLIGATION TO BECOME INVOLVED. IN SUCH A DISPUTE, YOU HEREBY RELEASE THE COMPANY, ITS OFFICERS, EMPLOYEES, SPECIALISTS, SUCCESSORS AND ASSIGNS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO SUCH DISPUTES.Indemnification
You shall indemnify and hold harmless the Company (and its officers, directors, Specialists, employees, successors and assigns) from and against any and all liability, damage, loss or expense, including reasonable attorney's fees, arising from any claim, demand, action or proceeding based upon or arising out of any use of a Lead, use of any service provided by the Company, or the breach or alleged breach of any of the representations and warranties or other terms and conditions set forth herein.
Confidentiality
You shall not use or disclose any of the Confidential Information (as defined below) other than as necessary within the scope your duties as an Agent. You shall take all steps reasonably necessary and/or requested by the Company to ensure that the Confidential Information is kept confidential. You shall comply with all applicable policies, procedures and practices that the Company may establish from time to time with regard to the treatment of the Confidential Information.
For purposes of these Terms, the term "Confidential Information" shall mean all of the following materials and information which you as an Agent receives, conceives or develops or has received, conceived or developed, in whole or in part, in connection with your Membership with the Company: (i) the contents of the guidelines, any manuals or other written materials of the Company or any of its subsidiaries or affiliates available on the Website; (ii) the names and information relating to Users and members, and prospective Users and members, of the Company and/or persons, firms, corporations or other entities with whom the you have contact with on behalf of the Company; (iii) any data or database, lists, or other information compiled by the Company, including, but not limited to, User lists, User information, information concerning the Company, or any business in which the Company is engaged or contemplates becoming engaged, any company that the Company engages in business, any customer, prospective customer or other person, firm or corporation to whom or which the Company has provided services; (iv) any other information, data, know how or knowledge of a confidential or proprietary nature observed, received, conceived or developed by you in connection with your Membership with the Company.
Miscellaneous
- You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of these Terms or use of any of Company's services. There are no third party beneficiaries of these Terms.
- These Terms and all transactions contemplated by these Terms shall be governed by, and construed and enforced in accordance with, the laws of India. You hereby irrevocably consent to the exclusive jurisdiction and venue of competent Courts in Mumbai, Maharashtra, India for all matters relating to the Terms.
- No waiver of any term or condition of these Terms will be valid or binding on a party unless agreed upon by such party in writing. These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all previous agreements and understandings, whether oral or written. The following sections survive any termination of these Terms: "Proprietary Rights", "Representations and Warranties", "Termination", "Disclaimer of Warranties", "Limitation of Liability", "Indemnification" "Confidentiality" and "Miscellaneous".
- All notices, requests, consents, and other communications required or permitted pursuant to these Terms shall be in writing, including electronic transmission, and shall be, as elected by the person giving such notice, hand delivered by messenger or courier service, or mailed via regular mail, postage prepaid, and addressed to the Company at its principal offices as set forth on the Website, and if to you, to the most recent address on record with the Company. Each such communication shall be deemed delivered on the date delivered if by personal delivery, messenger or courier service, or five (5) days from the postmark on such communication.
- The Company may assign its rights and obligations pursuant to these Terms without prior notice. You may not assign your Membership, your duties as a Specialist, or your rights or obligations pursuant to these Terms without prior approval of the Company.
- If any term, condition or provision of these Terms or the application thereof to any party or circumstance shall, at any time or to any extent, be invalid or unenforceable, the remainder of these Terms shall not be affected thereby. In each other term, condition and provision of these Terms shall be valid and enforceable to the fullest extent permitted by law.
- The headings contained in these Terms are for convenience of reference only, are not to be considered a part of these Terms and shall not limit or otherwise affect in any way the meaning or interpretation of these Terms.