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India Travel Trade - Disclaimer




Agreement Between Customer and IndiaTravelTrade.com OWNERSHIP This site, and each of its modules, is the property of India Travel Trade and/or its various affiliated and third party providers and distributors. Some of the content that is found on this site is owned by third party providers and other leisure travel information providers. None of the content or data that is found on this site may be reproduced, sold, transferred, or modified without the express written permission of India Travel Trade. and/or its third party providers and distributors. ------------------------------------------------------------------------------------------------ PLEASE READ THESE TERMS AND CONDITIONS OF USE VERY CAREFULLY BEFORE USING OR OBTAINING ANY MATERIALS, INFORMATION, PRODUCTS OR SERVICES THROUGH OUR SITE at IndiaTravelTrade.com India Travel Trade., is Indian corporation offering access and use of the Internet website located at the URL IndiaTravelTrade.com ("IndiaTravelTrade.com"), subject to your acceptance of these terms and conditions ("Terms"). By accessing, using or obtaining any content, data, materials, information, products or services through IndiaTravelTrade.com, you agree to accept these Terms. If you do not accept all of these Terms, then please do not visit IndiaTravelTrade.com Applicability of these Terms These Terms are intended to apply to you, India Travel Trade, India Travel Trade’s affiliates and all Internet websites owned and operated by India Travel Trade, including, but not limited to, www.NLVacation.com. By accessing and using IndiaTravelTrade.com (other than to read these Terms), you agree to comply with all of the terms and condition of these Terms, including any changes or revisions to these Terms, which India Travel Trade, in its sole discretion, may make in the future. YOU AGREE TO READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USINGIndiaTravelTrade.com. If you do not agree to these Terms, you may not access or otherwise use IndiaTravelTrade.com In order to determine your compliance with these Terms, India Travel Trade may monitor your access and use of IndiaTravelTrade.com in accordance with India Travel Trade's Privacy Policy for IndiaTravelTrade.com located at the URL IndiaTravelTrade.com. Your Right to Access and Use IndiaTravelTrade.com Your right to access and use IndiaTravelTrade.com is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use IndiaTravelTrade.com for lawful purposes and pursuant to the terms and conditions of these Terms. You may only use IndiaTravelTrade.com if you are at least 18 years of age and can enter into binding contracts (IndiaTravelTrade.com is not available for use by minors). You are responsible for maintaining the secrecy of your passwords, usernames, login and account information. You are financially responsible for all uses of IndiaTravelTrade.com by you and anyone using your password, login, username and account information. You may only use IndiaTravelTrade.com to make legitimate reservations or purchases. You may not use IndiaTravelTrade.com: to make any false, fraudulent or speculative reservation or any reservation in anticipation of demand; to post or transmit any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law; or for any other purpose that is unlawful or prohibited by these Terms. Your access and use of IndiaTravelTrade.com may be interrupted from time to time for any of several reasons, including, but not limited to, the malfunction of India Travel Trade's equipment, periodic updating, maintenance or repair activities that India Travel Trade may undertake from time to time, or other actions that No Limits to Corp, in its sole discretion, may elect to take. India Travel Trade reserves the right to suspend or discontinue the availability of IndiaTravelTrade.com for access and use at any time in its sole discretion and without prior notice to you. For example, India Travel Trade may terminate user access or suspend any user's access to all or part of India Travel Trade, without notice, for any conduct that India Travel Trade, in its sole discretion, believes violates any applicable law or is harmful to India Travel Trade, a travel service supplier or a third party licenser. India Travel Trade also reserves the right to change, suspend or discontinue any aspect of IndiaTravelTrade.com at any time, including the availability of any of IndiaTravelTrade.com’s features, database, or Content (as defined below) and will provide reasonable notice of such changes on IndiaTravelTrade.com. India Travel Trade may also impose limits on features or restrict access to parts of IndiaTravelTrade.com Additional Terms Additional terms and conditions may apply to reservations, purchases of goods and services and other uses of portions of India Travel Trade's websites, and you agree to abide by such other terms and conditions. Privacy Policy Your use of IndiaTravelTrade.com is subject to India Travel Trade's Privacy Policy for IndiaTravelTrade.comlocated at the URL IndiaTravelTrade.com. Your acceptance of these Terms is also your consent to the information practices contained in India Travel Trade's Privacy Policy. Your Compliance with these Terms Any action by you that, in India Travel Trade's sole discretion, violates the terms and conditions of these Terms, or restricts, inhibits or prevents any third party from accessing, using or enjoying IndiaTravelTrade.com, or through the use of IndiaTravelTrade.com, defames, abuses, harasses, offends or threatens any other user or third party, shall not be permitted, and may result in your loss of the right to access and use of IndiaTravelTrade.com. You shall not provide links to or frame IndiaTravelTrade.com without the prior express written permission of India Travel Trade. Your Transmissions, Submissions and Postings to IndiaTravelTrade.com If you transmit, submit or post information to IndiaTravelTrade.com, you automatically grant India Travel Trade the royalty-free, non-exclusive right and license to use, copy, format, adapt and publicly display such information (in whole or in part) worldwide, and/or to incorporate the same in other Content (defined below) and/or works in any form, media or technology now known or developed in the future. India Travel Trade may, in its sole discretion, edit, refuse to post or remove any information you transmit, submit or post to IndiaTravelTrade.com. You shall not transmit, submit or post information to IndiaTravelTrade.comthat contains any viruses, worms, Trojan horses, trap doors, back doors, Easter eggs, time bombs, cancelbots or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. Pursuant to India Travel Trade's Privacy Policy for IndiaTravelTrade.comlocated at the URL IndiaTravelTrade.com, India Travel Trade may monitor any transmissions, submissions or postings by you to determine, in its sole discretion, your compliance with these Terms. India Travel Trade may, at its option, tape and record any conversation that may occur between you and India Travel Trade. India Travel Trade's Intellectual Property Rights The names “India Travel Trade”, “India Travel Trade”, “India Travel Trade” and “IndiaTravelTrade.com” and IndiaTravelTrade.com logos and graphics are trademarks of India Travel Trade, and may not be used by you without the prior express written permission of India Travel Trade, which permission may be withheld in India Travel Trade's sole discretion. All information, including, without limitation text, graphics, software and all HTML, CGI and other codes and scripts in any format viewable, contained in, downloadable from or used to implement IndiaTravelTrade.com ("Content") are the property of India Travel Trade or its licensers. All Content of IndiaTravelTrade.comis copyright 2008, India Travel Trade. and/or its suppliers. All rights reserved. India Travel Trade owns a copyright of a collective work in the selection, coordination, arrangement, presentation, display and enhancement of the Content. Other product and company names mentioned herein may be the trademarks of their respective owners. Our Reservation Centers and websites, and each of their modules, together with the arrangement and compilation of the content found on IndiaTravelTrade.com, is the copyrighted property of India Travel Trade and/or its various third party providers and distributors. Much of the Content found on our websites is owned by third party providers and distributors and, specifically, certain data relating to schedules is the copyrighted work of Official Airline Guides, Inc. and other information providers. In addition, the trademarks, logos and service marks displayed on IndiaTravelTrade.com (collectively, the "Trademarks") are registered and common law Trademarks and Copyright of India Travel Trade, its affiliates, and various third parties. Nothing contained on IndiaTravelTrade.comshould be construed as granting, by implication, estoppels, or otherwise, any license or right to use any of the Trademarks without the written permission of India Travel Trade, or such other party that may own the Trademarks. The Content on IndiaTravelTrade.comis for personal use only. You may not copy, modify, upload, download, transmit (re)publish, or otherwise distribute any Content from IndiaTravelTrade.com except as expressly permitted by these Terms. Doing so will violate India Travel Trade's copyright, trademark and other proprietary rights. Viewing, reading, printing, downloading or otherwise using the Content in accordance with these Terms does not entitle you to any ownership or intellectual property rights to the Content. You shall be solely responsible for any damage resulting from your infringement of India Travel Trade's intellectual property rights regarding the India Travel Trade and "IndiaTravelTrade.com" names, the India Travel Trade and IndiaTravelTrade.com logos and graphics, and/or the Content, and/or any other harm incurred by India Travel Trade as a direct or indirect result of your copying, distributing, transmitting, publishing or using the same for purposes that are contrary to the terms and conditions of these Terms. Your Use of the Content Without the prior written consent of India Travel Trade, you may only print, download or otherwise use the Content in the form of: (i) one machine-readable copy; (ii) one backup copy; and (iii) one print copy, for your non-commercial use; provided, however, that you shall not delete any proprietary notices or materials with regard to the foregoing manifestations of the Content. Except as otherwise permitted under the copyright laws of the United States and India Travel Trade membership Terms and Conditions, no other copying, distribution, redistribution, transmission, publication or use, other than the non-commercial use of the Content as permitted by these Terms, is permitted by you without the express prior written permission of India Travel Trade, which permission may be withheld in India Travel Trade's sole discretion. IndiaTravelTrade Corp Makes No Representations or Warranties Regarding the Content The Content is being provided to you on an "as-is" basis. India Travel Trade does not make any representations, warranties or guarantees, express or implied, regarding the accuracy, correctness, or completeness of the Content, nor the safety, reliability, title, merchantability, conformity or fitness for a particular purpose of the Content. It is your sole responsibility to independently evaluate the accuracy, correctness or completeness of the Content on IndiaTravelTrade.com India Travel Trade makes no representation, warranty or guarantee that the Content that may be available for downloading from IndiaTravelTrade.com is free of infection from any viruses, worms, Trojan horses, trap doors, back doors, Easter eggs, time bombs, cancelbots or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. COOKIES Cookies are small pieces of information stored on your computer tied to information about you. We use both session ID cookies and persistent cookies. For the session ID cookie, once you close the browser, the cookie simply terminates. A persistent cookie is a small text file stored on your hard drive for an extended period of time. Persistent cookies can be removed by following the Web browser help file directions. We use cookies to track usage of the Guest path and to serve advertisements through our advertising networks. Most Web browsers automatically accept cookies, but if you prefer, you can edit your browser options to block them in the future. If you reject the cookie, you may still use our website. The only drawback to this is that you will be limited in some areas of our website. Persistent cookies enable us to track and target the interests of our users to enhance the experience on our website. Usage of a cookie is in no way linked to any personally identifiable information while on our site. Links IndiaTravelTrade.com may contain hyperlinks to sites that India Travel Trade does not operate or control. Such links are provided for your reference only. India Travel Trade is not responsible for the contents of such websites. India Travel Trade's inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with such websites. If you decide to access other websites, you do so at your own risk. Warranty Disclaimers India Travel Trade MAKES NO, WARRANTY OF ANY KIND REGARDING IndiaTravelTrade.com AND/OR ANY CONTENT, DATA, MATERIALS, INFORMATION, PRODUCTS OR SERVICES PROVIDED ON IndiaTravelTrade.com, ALL OF WHICH ARE PROVIDED ON AN "AS IS" BASIS. India Travel Trade EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT IndiaTravelTrade.com WILL BE ERROR-FREE, SECURE OR UNINTERRUPTED. WE FURTHER DISCLAIM ANY WARRANTY AS TO THE ACCURACY, COMPLETENESS AND TIMELINESS OF ANY CONTENT OR INFORMATION FOUND ON IndiaTravelTrade.com. India Travel Trade EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THIS WARRANTY DISCLAIMER MAY BE LIMITED IN ITS APPLICABILITY TO YOU. Limitations on India Travel Trade's Liability India Travel Trade WILL NOT BE, RESPONSIBLE OR LIABLE FOR (i) ANY DAMAGES TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS THE RESULT OF YOUR ACCESS TO, USE OF OR BROWSING IN IndiaTravelTrade.com OR YOUR DOWNLOADING OF ANY CONTENT, INFORMATION, MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM IndiaTravelTrade.com OR (ii) ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WITHOUT LIMITATION, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (a) ANY USE OF IndiaTravelTrade.com OR CONTENT, DATA, MATERIALS OR INFORMATION FOUND THEREIN, (b) ANY FAILURE OR DELAY (INCLUDING WITHOUT LIMITATION THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS SITE FOR RESERVATIONS OR TICKETING), OR (c) THE PERFORMANCE OR NON PERFORMANCE BY India Travel Trade OR ANY PROVIDER, EVEN IF India Travel Trade HAS BEEN OR A PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action. If, despite the limitation above, India Travel Trade or a provider is found liable for any loss or damage which arises out of or is in any way connected with any of the occurrences described in the limitation above, then our liability and the providers' liability will in no event exceed, in total, the sum of US$200.00. Some states do not allow the limitation of liability, so the limitations above may not apply to you. You Must Indemnify IndiaTravelTrade Corp You shall defend, indemnify and hold harmless India Travel Trade and its officers, directors, shareholders, employees, independent contractors, agents, representatives and affiliates from and against all claims and expenses, including, but not limited to, attorneys' fees, arising out of, or attributable to: (i) any breach or violation of these Terms by you; (ii) your failure to provide accurate, complete and current personal information requested pursuant to registration; (iii) your access or use of IndiaTravelTrade.com; and/or (iv) access or use of IndiaTravelTrade.com under any login, username or password that may be issued to you. Third Party Rights Under these Terms These Terms are for the benefit of India Travel Trade and India Travel Trade's affiliates, each of which shall have the right to enforce and assert the terms and conditions of these Terms directly against you on behalf of India Travel Trade. Amendments of these Terms India Travel Trade reserves the right to amend these Terms at any time in its sole discretion and without notice. Changes, revisions or deletions with regard to these Terms shall be effective immediately upon their inclusion in, or deletion from, these Terms, and the posting of the same in these Terms on IndiaTravelTrade.com. You are encouraged to revisit the Terms at IndiaTravelTrade.com from time to time in order to review any changes that have been made. Your continued access and use of IndiaTravelTrade.com following the posting of any such changes shall automatically be deemed your acceptance of the same. Termination of these Terms Termination or opting out of these Terms by you shall result in your loss of the right to access and use IndiaTravelTrade.com. You may terminate or opt out of these Terms at any time by contacting No limit To Go Corp India Travel Trade may terminate these Terms or any login, username or password that may be issued to you, at any time, without prior notice, for any reason, or for no reason, which shall not be required to be disclosed to you. Such termination shall not affect any right to relief to which India Travel Trade and its third party providers and distributors may be entitled, at law or in equity. Upon termination of these Terms, all rights granted to you will terminate and revert to India Travel Trade and its third party providers or distributors, as applicable. Arbitration and Governing Law In the event of a dispute between You and IndiaTravelTrade.com, You and India Travel Trade agree that a prompt and fair resolution, without the time and expense of formal court proceedings, would be in both parties' mutual interests. Except as expressly provided in the following section titled "Injunctive Relief", all disputes shall be submitted to final and binding arbitration to be conducted in Kings County, New York. MANDATORY ARBITRATION REPLACES THE RIGHT OF EITHER PARTY TO GO TO COURT AND DEMAND A JURY TRIAL. The party filing the arbitration must choose one of the following three arbitration firms and follow its rules and procedures for initiating and pursuing arbitration: American Arbitration Association, 335 Madison Avenue, Floor 10, New York, NY 10017-4605 Phone:800-778-7879 (www.adr.org) National Arbitration Forum, P.O. Box 50191, Minneapolis, MN 55405-0191 Phone: 800-474-2371 (http://www.arb-forum.com) In the event that the selected firm cannot administer the arbitration, the party filing the arbitration will select another of the firms. Each party will bear its own expenses, and the parties will share equally the filing and other fees of the arbitration firm and the expenses of the arbitrator, except that the arbitrator will be entitled to award a different allocation of costs and fees where the arbitrator determines that a filed claim is frivolous. The arbitrator will not have the power to award punitive damages or other damages not measured by the prevailing party's actual damages, except as may be required by statute. Any award in arbitration initiated under this clause will be limited to monetary damages and will include no injunction or direction to any party other than the direction to pay a monetary amount, except as required by statute or to comply with the terms of the contract. Any award rendered by the arbitrator will be final and binding upon each of the parties, and judgment thereon may be entered in any court having jurisdiction thereof. The Federal Arbitration Act will govern the interpretation and enforcement of this section. During the pending of such arbitration and until final judgment thereon has been entered, these Terms will remain in full force and effect unless otherwise terminated as provided hereunder. If a provision of this clause is held to be invalid, the remainder of the clause will remain in full force and effect, and, to this end, the provisions of this clause are severable. These Terms and all transactions between you and India Travel Trade shall be governed by, and construed and enforced in accordance with, the internal laws of the State of New York, without regard to principles of conflicts of laws. Injunctive Relief You acknowledge that a violation, attempted violation, or threatened violation of any of these Terms will cause such damage to India Travel Trade as will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that India Travel Trade shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these Terms by you, as well as recover from you any and all costs and expenses sustained or incurred by India Travel Trade in obtaining such an injunction, including, without limitation, reasonable attorney's fees. You agree that no bond or other security shall be required in connection with such injunction. For purposes of this Section, you agree that any action or proceeding with regard to such injunction restraining such violation, attempted violation, or threatened violation shall be brought in the courts of record of State of New York. You consent to the jurisdiction of such court and waive any objection to the laying of the venue of any such action or proceeding in such court. You agree that service of any court paper may be affected on such party by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules. Miscellaneous Provisions If any portion of these Terms is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, these Terms as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of these Terms that is unlawful, void or unenforceable shall be stricken from these Terms. 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. All covenants, agreements, representations and warranties made in these Terms, as may be amended by India Travel Trade from time to time, shall survive your acceptance of these Terms and the termination of these Terms. These Terms represent the entire understanding and agreement between you and India Travel Trade regarding the subject matter of these Terms, and supersedes all other previous agreements, understandings and/or representations regarding the same. Prepaid Hotel Transactions You agree that your credit card will be charged for the full cost of your reservation upon submitting your reservation request. The cost of your reservation is the total of the indicated room rate multiplied by the number of days in your reservation, plus an additional amount for the tax recovery charges and our service fees. The tax recovery charge is assessed to recover the amount we pay to the hotel in connection with your reservation for sales and use, occupancy room tax, excise tax, value added and other similar taxes, and the balance of the additional amount is a fee we charge in connection with the handling of your reservation. Our service fee varies based on the amount and location of your reservation. We are not the vendor collecting and remitting said tax to the applicable tax authorities. The vendors bill all applicable taxes to us and we remit such tax directly to the vendor. We are not a co-vendor associated with the vendor with whom we book or reserve our customer's travel arrangements. Taxability and the appropriate tax rate vary greatly by location. Our actual tax cost paid to the vendor may vary from the tax recovery charge, depending upon the rates, taxability, etc., in effect at the time of the actual use of the hotel, automobile, etc., by our customer. You may cancel or change your prepaid reservation, but you will be charged the cancellation or change fee indicated on the reservation order form. In addition, if you do not cancel or change your reservation before the cancellation policy period applicable to the hotel you reserved, which varies by hotel (usually 24 to 36 hours prior to your date of arrival), you will be subject to a charge of one night's room rate, tax recovery charges and service fees. No refunds will be made for no-shows or early checkouts. See the hotel description for the cancellation policy period for each hotel. You agree to pay any cancellation or change fee that you incur. In some cases, hotels do not permit changes to or cancellations of reservations after they are made, generally for stays during holiday periods or special events. You will be notified before the reservation order is completed and your credit card is charged if a reservation is non-refundable or non-changeable. You agree to abide by the terms and conditions imposed with respect to any conditions imposed with respect to any completed reservation order for a hotel stay as specified on the reservation order form. The Company attempts to secure the best hotel rates available. The Company's guarantee provides limited assurance that our rates on prepaid hotel transactions are the lowest rates available. If a lower room rate is available to you for the same dates and the same hotel within 24 hours of the time you booked and prepaid your reservation and you contact us within that 24-hour period, we will either refund the difference or cancel your reservation without cancellation fee or other charge. This guarantee does not apply to special events such as New Year's Eve and the Super Bowl or to non-refundable or non-changeable reservations. Travel Destinations Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. IndiaTravelTrade.com urges passengers to review travel prohibitions, warnings, announcements and advisories issued by the United States Government prior to booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found at www.state.gov, www.tsa.gov, www.dot.gov, www.faa.gov, www.cdc.gov, www.treas.gov/ofac and www.customs.gov. BY OFFERING FOR SALE TRAVEL TO PARTICULAR INTERNATIONAL DESTINATIONS, TRAVELNOW DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS. Your Questions, Comments & Complaints India Travel Trade encourages you to provide India Travel Trade with feedback regarding these Terms. If you have questions, comments or concerns regarding these Terms, please contact us at Travel@IndiaTravelTrade.com CURRENCY CONVERTER Currency rates are based on various publicly available sources and should be used as guidelines only. Rates are not verified as accurate, and actual rates may vary. Currency quotes are not updated every day. Check the date on the Currency Converter for the day that currency was last updated. The information supplied by this application is believed to be accurate, but IndiaTravelTrade.com does not warrant or guarantee such accuracy. When using this information for any financial purpose, IndiaTravelTrade.com advises the customer to consult a qualified professional to verify the accuracy of the currency rates. IndiaTravelTrade.com does not authorize the use of this information for any purpose other than personal use and prohibit to the maximum extent allowable the resale, redistribution, and use of this information for commercial purposes.

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