TERMS & CONDITION
TERMS & CONDITION
Table of Content
1. Eligibility to use
2. Hello Atithi services
3. Terms specifically applicable to customer
4. Usage terms
5. Prohibited content
7. Intellectual property
10. No warranty
11. Limitation of liability
12. Refund claim period
13. Modification of these terms
14. General provisions
1. Eligibility to use
You must be at least eighteen (18) years of age or above and capable of entering, performing and adhering to these terms. While individuals under the age of 18 may utilize/browse the services, they shall do so only with the involvement, guidance and supervision of their parents and/or legal guardians, under such parent/legal guardian’s registered account. Hello Atithi reserves the right to terminate user’s access and refuse to provide user with access to the services if Hello Atithi discovers that user is under the age of 18 years.
2. HELLO ATITHI Services
Hello Atithi is primarily responsible for providing a detailed travel plan and advisory on every aspect of tourism related services or other products and for ensuring the acceptability of the services as promised by Hello Atithi to its customers.
(a). Hello Atithi understands the NEW age customers requirements and accordingly offers a wide variety of other services at its platform to service its customers.
(b). You can reach out to us by:
Writing to us on email@example.com and Whatsapp +91 8630351715
Our support team will ensure the best and resolve your concern.
3. Terms specifically applicable to Customer:
Users availing services via the platform (hereinafter referred to as “Customers”) shall be governed by the following terms and conditions:
(a). Availing the services
The process of availing services from this platform may require you to disclose your personal and confidential information. To prevent any possibility of unauthorized access to your confidential information such as name, address etc., you shall not use/access this site from unsecure computers, unsecure communication links, unsecure mobile phones or locations such as Internet-Cafe(s), Cyber-Cafe(s) and other commercially available internet enabled computers or computer services. That relying on declarations, confirmations, information and obligations made/undertaken by the user in accordance with the terms, and believing the same to be true and acting on the faith thereof, Hello Atithi has agreed to provide the services to the user as per the terms mentioned herein. In particular, the user does hereby agree, promise, declare, confirm, covenant, undertake and represent & warrant to Hello Atithi:
(i). The user is not under any legal or other deficiency which prevents/may prevent the user from:
> entering into a valid contract under the applicable laws; and
> making valid payment to Hello Atithi for services ordered by the user.
(ii). In the event of detecting any suspicious activity from user’s account, Hello Atithi reserves the right to cancel all pending and future orders owing to any such incident without any liability to the user.
(iii). In a credit card transaction; you must use your own credit card for which user has full right & authority to validly use such a credit card for making payment to Hello Atithi.Hello Atithi shall not be liable for any credit card fraud. The liability to use a card fraudulently will be on the user and the onus to ‘prove otherwise’ shall be exclusively on user.
(b). Payment & Usage Fee
You hereby agree and understand that you can voluntarily pay the usage fee for the concerned services via the payment mode provided on the Hello Atithi. The user agrees and acknowledges that the payment procedure may call for and require additional verification of or information from the user and the user undertakes to provide complete, correct and proper information.
Hello Atithi uses third party payment providers to receive payments from users. Hello Atithi is not responsible for delays or erroneous transaction execution due to payment issues. Hello Atithi takes utmost care to work with third party payment providers, but does not control their systems, processes, technology and work flows, hence cannot be held responsible for any fault at the end of payment providers.
Users making voluntary payments for services provided by Hello Atithi, would be making payments to the entity mentioned as per the link mentioned in the tab named Voluntary Payment.
You are requested to kindly take due care of all their personal valuables and belongings. Hello Atithi and its employees shall NOT be responsible for any loss, theft or damage to the guests’ personal valuables and belongings.
(d). User Verification
User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any guest’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask user to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of guests, (ii) screen guests against third party databases or other sources and request reports from service providers, and (iii) where we have sufficient information to identify a guest, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available).
4. Usage terms
The information, materials, services available on the Hello Atithi may inadvertently include inaccuracies, typographical errors, or outdated information, Hello Atithi is not responsible for and shall not be bound to honor typographical or pricing errors on its platform. Hello Atithi reserves the right to refuse or cancel service at any time, including but not limited to the service that contain incorrect prices or product descriptions, orders in which Hello Atithi believes the user has violated applicable laws or these terms, orders that Hello Atithi believes are harmful to Hello Atithi or orders that Hello Atithi believes are fraudulent or based on illegal, fraudulent or deceitful use/furnishing of information or based on false information. Hello Atithi neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or Service.
Due to the nature of the Internet, Hello Atithi cannot guarantee the continuous and uninterrupted availability and accessibility of the platform. Hello Atithi may restrict the availability of it’s platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the it’s platform. Hello Atithi may improve, enhance and modify the platform and introduce new services from time to time.
No third party is authorized by Hello Atithi to ask for your credentials, and you shall not request the credentials of another user.
5. Prohibited Content
As a pre-condition of use of the platform, user warrants to Hello Atithi that user shall not use this platform for any purpose that is unlawful, unauthorized, or inconsistent with these terms, and the user agrees that this license to use platform will terminate immediately upon user’s violation of this warranty. Hello Atithi reserves the right, at its sole discretion, to block/terminate user’s access to this platform and its content at any time, with or without notice. The user agrees, acknowledges, confirms and undertakes that the registration data, information/data provided or uploaded onto the platform by the user:
(a). shall not be false, inaccurate, misleading or incomplete; or
(b). shall not be fraudulent or involve the use of counterfeit or stolen credit cards; or
(c). shall not infringe any third party’s intellectual property, trade secret or other proprietary rights or rights of publicity or privacy; or
(d). shall not be defamatory, libelous, unlawfully threatening or unlawfully harassing; or
(e). shall not contain any viruses, trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines or executable files that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information of any person whatsoever; If the user contravenes the foregoing or Hello Atithi has reasonable grounds to suspect that the user has contravened the foregoing, Hello Atithi has the right to indefinitely deny or terminate user’s access to the platform and to refuse to honor the user’s request(s)
The Users are prohibited from engaging in the following activities:
(a). Systematically retrieve data or other content from the platform to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
(b). Make any unauthorized use of the platform, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
(c). Circumvent, disable, or otherwise interfere with security-related features of the platform, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the platform and/or the Content contained therein.
(d). Engage in unauthorized framing of or linking to the platform.
(e). Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
(f). Make improper use of our support services or submit false reports of abuse or misconduct.
(g). Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
(h). Interfere with, disrupt, or create an undue burden on the platform or the networks or services connected to the platform.
(i). Attempt to impersonate another user or person or use the username of another user.
(j). Sell or otherwise transfer your profile.
(k). Use any information obtained from the platform in order to harass, abuse, or harm another person. l. Use the platform as part of any effort to compete with us or otherwise use the platform and/or the Content for any revenue-generating endeavor or commercial enterprise.
(m). Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the platform.
(n). Attempt to bypass any measures of the platform designed to prevent or restrict access to the platform, or any portion of the platform.
(p). Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the platform or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the platform.
(q). Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism.
(r). Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the platform, or using or launching any unauthorized script or other software.
(s). Disparage, tarnish, or otherwise harm, in our opinion, us and/or the platform.
(t). Use the platform in a manner inconsistent with any applicable laws or regulations.
When you use the platform, you agree and understand that you are communicating with Hello Atithi through electronic records and you consent to receive communications via electronic records from Hello Atithi periodically and as and when required. Hello Atithi may communicate with you by email or by other mode of communication, electronic or otherwise. You specifically agree that Hello Atithi shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received. Further, Hello Atithi will make best efforts to safeguard the confidentiality of your personally identifiable information available with it, but transmissions made by means of the internet cannot be guaranteed or made absolutely secure. By using this platform, you agree that Hello Atithi shall not be liable for disclosure of your information due to errors in transmission or unauthorized acts of third parties. Without prejudice to the foregoing you agree that Hello Atithi shall not be held liable or responsible for ‘phishing attacks’ on you. You may accept or decline the cookies when you access the platform. It is the user’s responsibility to set his browser to alert him to accept or to reject cookies.
7. Intellectual Property
Platform and the content posted herein which shall include but shall not be limited to pictures, branding, text, graphics, designs, brand logos, audio, video, interfaces and /or any other information, or the overall arrangement of content is protected and is owned, controlled or licensed by or to Hello Atithi; all comments, feedback, ideas, suggestions, information or any other content provided by the user. You may not modify, publish, copy, transmit, transfer, sell, reproduce, modify, create derivative works from, license, distribute, frame, hyperlink, download, repost, perform, translate, mirror, display or commercially exploit Hello Atithi IP in any other way.
The user agrees that any feedback, comments, ideas, suggestions, information, or any other content which user contributes to Hello Atithi or it’s platform (including the name you submit with any content) will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for Hello Atithi to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works from, display worldwide, or act on such content without additional approval or consideration in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you waive any claim to the contrary. The user represents and warrants that user owns or otherwise controls all of the rights to the content that he/she may contribute to this platform and that use of his/her content by Hello Atithi shall not infringe upon or violate the rights of any third party.
Without prejudice to and in addition to any other remedies, reliefs or legal resources available to Hello Atithi herein or any applicable laws or otherwise, user agrees to indemnify, defend and hold Hello Atithi harmless including but not limited to its affiliate, agents and employees from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Hello Atithi that arise out of or related to your use or misuse of the of the website, any violation by you of these terms and conditions, or any breach of representations, warranties and covenants made by you herein.
10. No warranty
It is hereby further clarified that Hello Atithi and Channel Partners (If user asked for their services) are separate and independent entities and Hello Atithi does not work as representative or agent of the Channel Partner.
Hello Atithi will be the first point of contact in respect of online payment dispute management, refunds, cancellations, returns and customer support as they relate to the use of Hello Atithi services. users can reach out to Hello Atithi to mediate or resolve any online payment dispute or disagreement between user and Channel Partners. Hello Atithi shall not be made a party to any dispute between the user(s) and Channel Partner(s), except in disputes relating to Hello Atithi services as mentioned above.
11. Limitation of Liability
Hello Atithi shall not be liable for any damages of any kind whatsoever including but not limited to direct, indirect, incidental, punitive, exemplary and consequential damages, damages for loss of use, data or profits, or other intangible losses, which may arise or are arising from the use of this Hello Atithi platform or any of the information, software, services and related graphics contained within the Hello Atithi platform or any of the services offered, regardless of whether such damages are based on contract, tort, negligence, strict liability or otherwise, and even if Hello Atithi has been advised of the possibility of damages.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN OR ELSEWHERE, HELLO ATITHI’’S ENTIRE LIABILITY TO THE USER FOR ANY CLAIM ARISING OUT OF AVAILING Hello Atithi SERVICES/ BROWSING THE Hello Atithi PLATFORM SHALL BE LIMITED TO THE AMOUNT EQUIVALENT TO THE PRICE PAID FOR THE PRODUCT AND SERVICES GIVING RISE TO SUCH CLAIM.
You hereby waive any and all claims, causes of action, or the rights to bring such claims or causes of action, arising out of or related to the site, communication, or these terms and conditions after six (6) months from the first occurrence of the kind of act, event, condition, or omission upon which the claim or cause of action is based.
12. Refund Claim Period
If you wish to claim a refund, you have an option to raise the request within 7 days from your payment date.
13. Modification of these Terms
Hello Atithi reserves the right to modify these Terms at any time in accordance with this provision.
14. General Provisions
Governing Law and Jurisdiction: This Agreement, and all transactions entered into on or through Hello Atithi platform shall be interpreted, construed and governed by the laws of India which shall be applicable to this Agreement without regard to principles of conflict of laws. user agrees that all claims, differences and disputes arising under or in connection with or in relation thereto the Hello Atithi platform, the terms or any transactions entered into on or through the Hello Atithi Platform or the relationship between user and Hello Atithi shall be subject to the exclusive jurisdiction of the courts at Roorkee and user hereby accede to and accept the jurisdiction of such courts.
No Waiver: Any failure, delay or forbearance on the part of Hello Atithi in: (i) exercising any right, power or privilege under this agreement; or (ii) enforcing terms of this agreement, shall not operate as a waiver thereof, nor shall any single or partial exercise by Hello Atithi of any right, power or privilege preclude any other future exercise or enforcement thereof.
Severability:The Parties hereto agree that each of the provisions contained in this agreement shall be severable, and the unenforceability of one or more provisions of this agreement shall not affect the enforceability of any other provision(s) or of the remainder of this agreement.
For more information, Mail us firstname.lastname@example.org