Master User Agreement: Acceptance of Terms
This Master User Agreement constitutes a binding contract between you(User), and BamBam tours & travels. with regard to the use of various services that are provided by BamBam tours & travels.
1.1 BamBam tours & travels (Tour Shoppy), a company incorporated under the laws of India, provides various travel related services through its Website (www.tourshoppy.com).
1.2 Tour Shoppy shall provide you (User) travel-related information, pricing, availability and reservations for airlines, hotels, railway, holiday packages, bus and car rentals across cities and rural areas throughout India (Service/s ). These Services may be availed by the User in India at any time during the year as is offered by various third party vendors like airlines, hotels, etc.(Service Providers).
1.3 This Agreement is applicable to all Tour Shoppy Services. 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 for each such Service, which may be updated or modified by Tour Shoppy from time to time. Such TOS shall be deemed to be a part of this Agreement and in the event of a conflict between such TOS and this Agreement, the terms of this Agreement shall prevail.
1.4 Tour Shoppy Services are offered 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 Tour Shoppy Services.
1.5 Additionally, the Service Provider itself may provide terms and guidelines that govern particular features, offers or the operating rules and policies applicable to each Service (for example, flights, hotel reservations, packages, etc.). The User shall be responsible for ensuring compliance with the terms and guidelines or operating rules and policies of the Service Provider with whom the User elects to deal, including terms and conditions set forth in a Service Providers' fare rules, contract of carriage or house rules.
1.6 Tour Shoppy 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 Tour Shoppy is not complete until full money towards the service is received from the User and accepted by Tour Shoppy.
2. Modification of Terms
Tour Shoppy 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.
4. Limited User
4.1 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 Tour Shoppy Services, including the use of the Website, is not for commercial use but is specifically meant for personal use only.
4.2 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.
5. Disclaimer of Warranties/Limitation of Liability
5.1 Tour Shoppy has endeavored to ensure that all the information provided by it is correct, but Tour Shoppy neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data or information. Tour Shoppy 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.
5.2 To the extent Tour Shoppy 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 Tour Shoppy be liable for the services provided by the service provider.
5.3 Although Tour Shoppy makes reasonable commercial efforts to ensure that the description and content in the TOS and 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.
5.4 Tour Shoppy does not endorse any advertiser on its website in any manner. The Users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
5.5 Tour Shoppy 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.
5.6 In no event shall Tour Shoppy 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 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 Tour Shoppy.
6. Links to Third Party Sites
6.1 The Website may contain links to other websites (Linked Sites). The Linked Sites are not under the control of Tour Shoppy or the Website and Tour Shoppy is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Tour Shoppy is not responsible for any form of transmission, whats ever, received by the User from any Linked Site. Tour Shoppy is providing these links to the User only as a convenience, and the inclusion of any link does not imply endorsement by Tour Shoppy or the Website of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof.
6.2 Tour Shoppy is not responsible for any errors, omissions or representations on any Linked Site. Tour Shoppy 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.
7. 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 TOS including both specific and implied.
8. Termination/Access Restriction
Tour Shoppy 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.
9. Fees Payment
9.1 Tour Shoppy reserves the right to charge listing fees for certain listings, as well as transaction fees based on certain completed transactions using the Tour Shoppy Services. Tour Shoppy further reserves the right to alter any and all fees from time to time, without notice.
9.2 The User shall be liable to pay all applicable charges, fees, duties, taxes, levies and assessments for availing the Tour Shoppy Services.
10. User Obligations and User Account
10.1 The User represent and confirm that the User is of legal age to enter into a binding contract and is not a person barred from availing the Services under the laws of India or other applicable law.
10.2 To avail a Service through the Website, the User has and must continue to maintain at his sole cost: (a) all the necessary equipments including a computer and modem etc. to access the Website/avail Services; (b) own access to the World Wide Web. The User shall be responsible for accessing the Services and that access may involve third party fees including, airtime charges or internet service providers charges which are to be exclusively borne by the User.
10.3 Furthermore, the User grants Tour Shoppy the right to disclose to third parties Registration Data to the extent necessary for the purpose of carrying out the Services.
None of the provisions of this Agreement, terms and conditions, notices or the right to use the Website by the User contained herein or any other section or pages of the Website and/or the Linked Sites, shall be deemed to constitute a partnership between the User and Tour Shoppy and no party shall have any authority to bind or shall be deemed to be the agent of the other in any way. It may be noted, however, that if by using the Website, the User authorizes Tour Shoppy and its agents to access third party sites designated by them or on their behalf for retrieving requested information, the User shall be deemed to have appointed Tour Shoppy and its agents as their agent for this purpose.
The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of this Agreement, the TOS or the right to use the Website by the User contained herein or any other section or pages of the Website or any Linked Sites in any manner whatsoever.
The User agrees to indemnify, defend and hold harmless Tour Shoppy from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Tour Shoppy that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by the User pursuant to this Agreement and/or the TOS.
If any provision of this Agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of this Agreement shall continue to be in full force and effect.
15. Termination of Agreement and Services
15.1 Either the User or Tour Shoppy may terminate this Agreement and a Service with or without cause at any time to be effective immediately.
15.2 The User agrees that Tour Shoppy may under certain circumstances and without prior notice, immediately terminate the User user id and access to the Website/Services. Causes for termination may include, but shall not be limited to, breach by the User of this Agreement or the TOS, requests by enforcement or government agencies, requests by the User, non-payment of fees owed by the User in connection with the Services as specified in the applicable TOS.
All notices and communications (including those related to changes in the TOS, Service, termination of Service etc.,) shall be in writing, in English and shall deemed given if delivered personally or by commercial messenger or courier service, or mailed by registered or certified mail.
17. Governing Law
This agreement and each TOS shall be governed by and constructed in accordance with the laws of India.
IF THE USER DOES NOT AGREE WITH THE TERMS OF OFFER FOR SERVICE, HE /SHE MAY
NOT ACCESS THE MARKET PLACE.