This End User License Agreement (hereinafter referred to as “EULA”) constitutes a binding contract between you, (hereinafter referred to as “the User(s)”), [THINGS TO DO] (hereinafter referred to as “the Company”) and third party service providers (hereinafter referred to as “the Vendors”)with regard to use of various services that are provided by the Company.
WHEREAS:
A. [THINGS TO DO] owns and maintains the website located at www.thethingstodoinindia.com (hereinafter referred to as “the Web Site”), or any sub URL or such other URL as specifically provided by the Company.
B. The EULA for use of the Web Site (“Terms of Service”) is a legal document between the Company and the User(s) of the Web Site and describes the terms on which the Company offers access to the Web Site and the Services (as defined below).
C. PLEASE READ THE TERMS OF SERVICE CAREFULLY. YOUR USE OF THE WEBSITE SHALL SIGNIFY YOUR ACCEPTANCE OF THE TERMS OF SERVICE AND ALL OTHER WEB SITE POLICIES AND YOUR AGREEMENT TO BE LEGALLY BOUND BY THE SAME.
D. The Company may modify the Terms of Service at any time at its sole discretion without any notification to the User(s). It is the User(s) responsibility to review the Terms of Service from time to time. The User(s) will be deemed to have accepted the Terms of Service as amended, if the User continues to access the Web Site after the modifications are posted on the Web Site. In addition to the Terms of Service, and other Web Site policies, the Company may subject the User(s) of the Web Site to additional terms of service (“Additional Terms”) which may be provided on the Web Site.
1. REGISTERATION, ACCOUNT INFORMATION AND SERVICES
1.1. [THINGS TO DO], a company incorporated under Companies Act, [1956/2013], having its registered office at [S-4, Tirthraj Apartment, Jacob Road, Civil Lines, Jaipur, Rajasthan 302006 ] (hereinafter referred to as “the Company”), provides for [Sightseeing trips, Treks, Jeep Safaris, Horse Riding, Block Printing Workshops, A walk through the bazaar of the city, Photography tours and lots more] through its website www.thethingstodoindia.com, mobile-cellular technology as well as through its call centre.
1.2. The Company shall provide the User(s) travel related information, pricing, availability and reservations for hotels, resorts, homestays, adventure activities, tour packages, city tours, excursions, etc. across cities and rural areas throughout India (hereinafter referred to as “Service(s)/ Thingstodo Services”). These Service(s) may be availed by the User(s) in India at any time during the year as is offered by various third party Vendors.
1.3. The EULA is applicable to all Thingstodo Services. In addition to the EULA and depending upon the Service(s) opted for by the User(s), the User(s) shall be required to read and accept the relevant Terms and Conditions along with the Terms of Service for each such Service(s), which maybe updated or modified by the Company from time to time. Such Terms and conditions shall be deemed to be a part of the EULA and in the event of a conflict between such Terms and Conditions/ Terms of Service and the EULA, the modified terms and conditions/service shall prevail.
1.4. Thinsgtodo Services are offered to the User(s) conditioned on acceptance without modifications of all the terms, conditions, services, notices, etc. contained in the EULA and Additional Terms, as maybe posted on the Web Site from time to time. For the removal of doubts, it is clarified that availing of the Service(s) by the User(s) constitutes an acknowledgment and acceptance by the User(s) of the EULA and terms and conditions. If the User(s) does not agree with any part of such terms, conditions and notices, the User(s) must not avail Thingstodo Services.
1.5. The Company at its sole discretion reserves the right to not accept any order/booking placed by the User(s) through the Web Site without assigning any reason thereof. Further, any Agreement/Contract to provide any service by the Company is not complete until full money towards the requested Service(s) is received by the User and accepted by the Company.
1.6. Account Information: Registration on the Web Site is optional for all User(s). If the User(s) opts to register itself on the Web Site, upon completion of the registration process, the User shall receive a user id and password. Further, the User(s) will be required to furnish to the Company certain information and details, including the User name, e-mail id and any other information deemed necessary by the Website (hereinafter referred to as “the Account Information”). The User(s) shall also be responsible for maintaining the confidentiality and security of the password and other Account Information and for all the activities that occur in and through the User Account. The Company shall not be responsible for any financial loss, inconvenience, mental agony resulting from the misuse of you ID/Password/credit card number/account details for using the Thingstodo Service(s).
2.USER OBLIGATIONS AND USER ACCOUNT
The User agrees to abide by the following for registering and maintaining the security of the User Account:
2.1. The User represent and confirm that the User(s) is a natural person of legal age to enter into a binding contract and is not a person barred from availing the Service(s) under the laws of India or other applicable law, if any. If the User is less than 18 years of age, the User shall use the Web Site and create and/or use the Account strictly under parental guidance or consent of a legal guardian.
2.2. The User(s) agrees to provide true, accurate and complete information about himself/herself and his/her beneficiaries as prompted by the Registration of Account on the Web Site at the time of availing the Service(s) of the Web Site. The User(s) shall not provide any false information to the Company. If the User(s) information is untrue, inaccurate, incomplete or the Company has reasonable grounds to speculate/suspect that such information is untrue, inaccurate, incomplete, the Company has the right to suspend or terminate the User’s registration and refuse any and all current or future use of the Web Site and/or any Service(s).
2.3. The User(s) agrees and understands that the Service(s) may include communications from the Company as service announcements and administrative messages. The User(s) understands and agrees that the Service(s) are provided on “as is” basis and that the Company does not assume any responsibility for deletions, mis-delivery or failure to store any User(s) communications or personalized settings.
2.4.The User shall not share his/her password or do anything that may jeopardize the security of the User Account or the Website. The User(s) agrees and undertakes to immediately notify the Company of any unauthorized use of the User’s password or ID and to ensure that the user logs off at the end of each session on the Web Site. The Company shall not be responsible for any direct or indirect, loss or damage arising out of the User’s failure to comply with this requirement.
2.4.1. The User shall not transfer his/her account to anyone.
2.4.2. The User agrees and undertakes not to sell, trade, or resell or exploit for any commercial purposes, any portion of the Service(s). For removal of doubt, it is clarified that the Thingstodo Service(s), including the use of the Website, is not for commercial use but is specifically for personal use only.
2.4.3. The User further agrees and undertakes not to modify, distribute, copy, reverse engineer, display, perform, publish, license, reproduce, creative derivative, transfer, sell any information, product, software or services obtained from the Website. Limited reproduction of the content of the Website is permitted provided that the Company name is stated as the source. For the purpose of clarification, it is stated that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.
3.USER LIABILITY
3.1. The User(s) shall be responsible for their own actions in utilizing the Service(s) purchased by the User(s), and the Company shall not be liable for any such action. The Company is only providing a platform for communication and it is agreed that the contract for Service shall be a strictly bipartite contract between the Vendor(s) and the User(s).
3.2. The User(s) confirms that the Company shall not be responsible for any deficiency in payment of consideration payable towards the Service(s) purchased from the Web Site.
3.3. Upon receiving User(s)’ complaint, the Company shall inform the relevant Vendor of such complaint and request for an explanation. The User(s) are required to refrain from raising frivolous and baseless complaints. The User(s) expressly acknowledges that the Vendor(s) providing the deficient Service(s) shall be solely responsible to the User(s) for any claims that the User(s) may have in relation to such defective Service(s) and the Company shall not in any manner be held liable for the same.
3.4. Unless due to the User(s)’ negligence, in the event the Vendor(s) fails to complete a delivery of any Service(s), the User(s) acknowledges that the Vendor(s) shall be liable to make any applicable refunds or payments. The User(s) agrees that the Company shall not be held liable for failure of the Vendor(s) to make available any Service(s) therein.
3.5. The Company reserves the right at all times to disclose any information as is necessary to satisfy or comply with any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in the Company’s sole discretion.
3.6. When the User(s) registers with the Web Site, the Web Site or any of its Vendor(s)/Partner(s)/Affilliate(s)/group companies may contact the User(s) from time to time to provide the offers/information of such Service(s).
3.7. The User(s) agrees and acknowledges not to sell, trade or resell or exploit for any commercial purposes, any portion of the Services(s). For the removal of doubt, it is clarified that the Service(s), including the use of the Web Site, is not for commercial use but is specifically meant for person use only.
3.8. As a condition of the user of the Web Site, the User(s) warrants that they will not use the Web Site for any purpose that is unlawful or illegal under any law for time being in force within or outside India or prohibited by this Agreement including both specific and implied. In addition, the Web Site shall not be used in manner, which could damage, disable, overburden or impair it or interfere with any other party’s use and/or enjoyment of the Web Site. The User(s) shall refrain from obtaining or attempting to obtain any materials or information through any means not intentionally made available or provided for or through the Web Site.
3.9. The Company reserves the right, in its sole discretion, to terminate the access to the Web Site and any linked websites, or any portion thereof at anytime without notice.
3.10. Without prejudice to the other remedies available to the Company under this Agreement, or under applicable law, the Company may limit the User(s)’ activity, or end the User(s)’ listing, warn other User(s) of the User(s)’ actions, immediately/temporarily/indefinitely suspend or terminate the User(s)’ registration, and/or refuse to provide the User(s)’ with access to the Web Site if:
a) the User(s) is in breach of this Agreement and/or the documents it incorporates by reference;
b) The Company/Vendor is unable to verify or authenticate any information provided by the User(s);
c) The Company believes that the User(s)’ actions may infringe on any third parties or breach any applicable law or otherwise result in any liability for the User(s), other User(s)’ of the Web Site and/or the Company.
3.11. The Company may at any time in its sole discretion reinstate suspended User(s). Once the User(s) have been suspended the User(s) may not register or attempt to register with the Company or use the Web Site in any manner whatsoever until such time that the User(s) is reinstated by the Company.
3.12. Notwithstanding the foregoing, if the User(s) breaches this Agreement or the documents it incorporates by reference, the Company reserves the right to recover any amounts due and owing by the User(s) to the Company and/or the Service Provider and to take strict legal action as the Company deems necessary.
4.TERMS AND CONDITIONS FOR PRODUCTS NOT SERVICED BY THE COMPANY
4.1. The User(s) shall be bound by all additional terms and conditions for services issued by a third party vendor on the Web Site. However, if there is any conflict of interest between the terms of the Company and that of the third party vendor, the additional terms of the third party vendor shall take precedence in relation to the Service(s) availed by the User.
4.2. The User(s) agrees and acknowledges that the Web Site is a platform that facilitates online booking and purchase of travel packages and specialized itinerary curated as per the requirements of the User(s), so offered by various third party vendors.
4.3. The User(s) agrees and acknowledges that such third party vendors are the service providers of the Service(s) on the Web Site and are solely responsible to the User(s) for the Service(s) sold.
5.PRICING INFORMATION AND PAYMENT OPTIONS
5.1. The Company does not charge any fee for browsing and booking of Service(s) from the Web Site. The User(s) can create free membership accounts on the Web Site as mentioned above. In particular, the User agrees and acknowledges that the Company may at its sole discretion introduce new Service(s) and modify the same or all of the existing Service(s) offered on the Web Site.
5.2. The User(s) shall be solely responsible for compliance of all applicable laws including those in India for making payments to the Company.
5.3. The Company strives to provide User(s) through its Vendors best possible prices for the Service(s) enumerated on the Web Site. However, the Company does not guarantee that the price will be lowest in the city, region or geography.
5.4. While the Company endeavours to provide quality Service(s) and accurate pricing information, typographical and other errors may occur. In the event that a Service is listed at an incorrect price or with incorrect information due to an error in pricing or Service(s) information, the Company may, at its discretion, either contact User(s) for instructions or cancel User(s)’ booking and notify the User(s) of such cancellation.
5.5. The Company shall have the right to rectify the price of the Service(s) and contact User for further instructions via electronic mail address provided by the User(s) at the time of registration, or cancel the booking and notify the User(s) of such cancellation. If the Company cancels the order after the payment has been processed, the said amount shall be refunded to the User(s)’ account from which the payment was made.
5.6. The Company is a facilitator for payment from User(s) to the Vendor and the Company’s obligation to pay the Vendor is conditional upon successful receipt of the associated payments from User(s). The Company does not guarantee payments to Vendors for amounts that have not successfully received by the Company from the User(s).
5.7. The User(s) may have a payment option to pay fifty percent (50%) payment advance and fifty percent (50%) payment at the time of arrival at the activity area or at the physical start of the tour.
5.8.However, if the User(s) have a no-show on the day of the activity reserved, the advance payment of fifty percent (50%) or full payment or any amount paid till then shall be forfeited and the User(s) shall have no claim over the same.
5.9.Payment Options:
a) Visa, Master and American Express Card payments are processed through an online payment gateway system; The Company makes best efforts to fulfil information security requirements and uses CC Avenue and other sophisticated methods to protect User(s) Credit Card/ Debit Card information.
b) Internet Banking: If the User(s) have an account with any of the banks for the desired Service(s) through the respective bank’s net banking options and the amount will be automatically debited from the User(s)’ account.
c) Gateway Charges: Kindly note that the Company cannot control any fees that may be charged to the User(s) by his/her bank related to such a transaction and the Company disclaims all liability in this regard.
5.10. Transaction confirmation:
a) The User(s) should not take any action based on information on the Web Site until User(s) has received a confirmation of User(s) transaction. In case of confirmations to be received by email, if User(s) does not receive any confirmation of User’s purchase/transaction within the stipulated time period, User(s) may first look into “spam” or “junk” folder to verify that it has not been misdirected, and if still not found, please contact the Company’s call centre.
b) The total price payable shall be displayed to the User(s) before making payment to the Vendor. The User(s) are hereby informed that in case of booking request being rejected by a Vendor (i.e. not confirmed by the applicable Vendor) any amounts collected by the Company for such booking(s) shall be refunded to the User(s)’ account used for making the payments.
c) As a matter of principle, the Company shall remit to the Vendor the applicable amount due once the Company receives confirmation of a booking from the applicable Vendor. The total price may be collected as part payments, depending upon the arrangement between the Vendor and the Company.
6. AMENDMENT AND CANCELLATION POLICY
6.1.1. Cancellation, if any on the part of the Company shall be as per the notifications/policy provided by the third party Vendor which shall be routed through the Company to the User(s).
6.1.2. If the Company/third party Vendor cancel’s a confirmed booking made via the Web Site:
a) The Company shall refund the total price paid by the User(s) for such booking to the applicable User(s) within a commercially reasonable time of cancellation which fifteen days prior to the day for which such bookings are made;
b) If applicable, the User(s) will receive an electronic mail or other communication from the Company containing available alternative listings of the earlier previously desired Service(s) as offered by and available with the Vendor;
c) If the User(s) requests booking from one of the enlisted alternatives and the concerned third party Vendor confirms the User(s) booking request, in that case the User(s) agrees to pay the Company the differential cost relating to the confirmed booking for the desired Service(s), in accordance with the applicable terms and conditions.
6.1.3. The User agrees and understands that in case of cancellations made by the User(s) 15 days prior to the date of bookings, such cancellation shall be non-refundable in nature.
6.1.4. The User further agrees and understands that the User(s) may amend/change/modify there bookings at any time after confirming the booking. However, any such amendment/change/modification shall be subject to availability of the desired Service(s) for the new days and confirmation by such third party Vendor and shall be made at no extra cost to the Users(s).
6.1.5. The User(s) agrees and understands that no such amendment/change/modification shall be accepted by the Company/Web Site twenty four (24) hours prior the date of the booked Service(s). However, failure of the User(s) to appear/engage with the Company colleague on the date of booking(s) at the agreed time and place of availing the Service(s) shall be deemed to be construed as “no-show”, wherein the User(s) shall not be refunded with the booking amount.
7. MODIFICATION OF TERMS
7.1. The Company reserves its rights to change the terms, conditions, services, notices, policy etc. contained herein under which the Service(s) are offered on the Website, including but not limited to the charges for the Service(s) provided through the Website. The User shall be responsible for regular reviewing of these terms and conditions, etc.
7.2. The User agrees and acknowledges that the Company has the right to change or discontinue any functionality of the Web Site at any time, without notice. The User further acknowledges that the Company may add or modify the procedures, modes, processes, terms and conditions at any time and the User(s) shall adapt to the changes the Company may make to the Web Site. The User agrees and acknowledges that the Company shall not be liable to the User(s) or to any third party vendor for any modification, suspension or discontinuance of any aspect of the Web Site.
8. PRIVACY POLICY
8.1. The User hereby consents, expresses and agrees that he/she has read and fully understands the Privacy Policy of the Company. The User further consents that the contents of the Privacy Policy are acceptable to him/her.
9. REPRESENTATION AND WARRANTIES/LIMITED LIABILITY
9.1. The Company has endeavoured to ensure that all the information available and provided by the Company on the Web Site is correct, but the Company neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data or information. The Company makes no warranty, express or implied, concerning the Web Site and/or its contents and disclaims all warranties of fitness for a particular purpose and warranties of merchantability in respect of services, including liability, responsibility or any other claim, whatsoever, in respect of any loss, whether direct or consequential, to any User(s) or any other person, arising out of or from the use of any such information.
9.2. To the extent the Company acts only as a booking agent and facilitator or Service(s) 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(s) as regards to the standards and rendering the Service(s) by the service providers. In no circumstances shall the Company be liable for the Service(s) provided by the Service Provider.
9.3. Although the Company makes reasonable commercial efforts to ensure the description and content in the Terms of Service and on each navigated page of the Web Site is correct, it does not, however, take responsibility of changes that occur due to human or data entry errors of for any loss and/or damages suffered by any User(s) due to any information contained herein.
9.4. Further, the User(s) agrees and acknowledges that the Company is not a service provider and cannot therefore control or prevent changes in the published descriptions and representations, which are always based upon the information provided by the service providers. The Company acts only as a facilitator of Service(s) and shall not be held liable for any changes, deficiencies, disputes, etc. related to the Service(s) being provided by the service providers, including the matters of delays in refund or no refunds, of the fares/tariffs and charges paid to the Service Providers. All refunds to the User(s) on account of cancellation of any Service(s) or otherwise shall be made subject to receipt of such refunds by the Company from the respective Service Provider.
9.5. The Company does not endorse any advertiser on the Web Site in any manner. The User(s) are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
9.6. The Company does not, by offering any sport/adventure activity related Service(s), represent or warrant that such activities/Service(s) is without risk, and shall not be liable for any damages or losses or injuries that may result from such activities/Service(s).
9.7. In no event shall the Company be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from:
9.7.1. The use or the inability to use the Service(s);
9.7.2. The cost of procurement of goods and services or resulting from goods, information or Service(s) purchased or obtained or message received or transactions entered into through the Service(s);
9.7.3. Unauthorized access to or alteration of the User’s transmission or data;
9.7.4. Any other matter relating to the Service(s), including without limitation, damages for loss of use, data or profits, arising out of or in way connected with availing Service(s) from the Company.
9.8. Further the Company shall not be responsible for the delay in inability to use/avail the Web Site or Service(s), the provision of or failure to provide Service(s) by the Service Providers, or for any information, software, products, services and related graphics obtained from the Company, whether on contract, tort, negligence, strict liability or otherwise. Furthermore, the Company shall not be held responsible for non-availability of the Web Site during periodic maintenance operations or any unplanned suspension of access to the Service(s) that may occur due to technical reasons of for any reason beyond the Company’s control. The User(s) understands and agrees that any material and/or data downloaded or otherwise obtained from the Web Site is done entirely at their own discretion and risk and they will be solely responsible for any damage to their systems or any other losses that results from such material and/or data.
9.9. These limitations, disclaimer of warranties and exclusions apply without regard to whether the damages arise from breach of contract, breach of warranty, negligence, or any other cause of action, to the extent that such exclusion and limitations are not prohibited applicable law.
9.10. The maximum liability on part of the Company arising under any circumstances, in respect of any Service(s) availed, shall be limited upto maximum of the refund of total amount received from the User(s) for providing the Service(s) less any cancellation, refund or any other charges, as may be applicable. In no case the Company shall be liable for any consequential loss, damage or additional expenses, whatsoever. In no event the Company shall be liable for any kind of refunds/return of charges/fees/fares paid to the Service Provider for rendering the Service(s) to the User(s).
10. INTELLECTUAL PROPERTY RIGHTS
10.1. The Company may provide the User(s) and the Vendor(s) with content such as sound, photographs, graphics, video or other material contained in sponsor advertisements or information. This material may be protected by copyrights, trademarks, or other intellectual property rights and laws. The User(s) may use this material only as expressly authorized by the Company and shall not copy, transmit or create derivative works of such material without express authorization from the Company.
10.2. The User(s) acknowledges and agrees that they shall not upload, post, reproduce or distribute any content on or through the Web Site that is protected by copyright or other proprietary right of a third party, without obtaining the permission of the owner of such right. Any copyrighted or other proprietary content distributed on or through the Web Site with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject the User(s) to personal liability or criminal prosecution.
11. TERMINATION
11.1. The Company reserves the right, in its sole discretion, to terminate the access of the Web Site and other related services or any portion thereof at any time, without notice.
11.2. Either the User or the Company may terminate the EULA and a Service with or without cause at any time to be effective immediately.
11.3. The User(s) agrees that the Company may under certain circumstances and without prior notice, immediately terminate the User’s user id and access to the Web Site/Services.
12. DISCLAIMER
12.1. THE COMPANY DOES NOT CONTROL, ENDORSE OR ACCEPT RESPONSIBILITY OF ANY SERVICES OFFERED BY THIRD PARTIES/ VENDORS ACCESSIBLE THROUGH THE WEB SITE OR ANY OTHER LINKED SITES. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT, AND SHALL NOT BE LIABLE FOR, THE VENDOR OR ANY SUCH THIRD PARTIES, THEIR SERVICES, INCLUDING REPRESENTATIONS RELATING TO NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. ANY TRANSACTION THAT THE USER(S) MAY HAVE WITH SUCH THIRD PARTIES ARE AT THE USER(S) OWN RISK. THE SERVICES SHALL BE SUBJECT TO VENDOR’S TERMS AND CONDITIONS FOR WARRANTY, SERVICE AND MAINTENANCE, AND THE COMPANY DOES NOT ACCEPT ANY RESPONSIBILITY FOR THE SAME. THE COMPANY ALSO DOES NOT ACCEPT ANY RESPONSIBILITY FOR THE SERVICES AVAILED BY THE USER.
12.2. THE COMPANY SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY DEFICIENCY OR SERVICE AVAILED BY THE USER(S) FROM THE VENDOR/THIRD PARTIES AND THE COMPANY SHALL NOT ASSUME ANY LIABILITY IF THE SERVICE AVAILED BY THE USER(S) FROM THE THIRD PARTIES/VENDORS IS NOT EXACTLY AS PER THE SPECIFICATIONS DETAILED IN THE BOOKING CONFIRMATION.
13. MISCELLANEOUS PROVISIONS
13.1. Indemnification: The User(s) agrees to indemnify, defend and hold harmless the Company 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 the Company that arise out of, result from, or may be playable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by the User(s) pursuant to the EULA and/or the terms of service.
13.2. Interpretation: The terms and conditions herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the masculine and feminine. The words “include”, “includes” and “including” shall be deemed to be followed by the phrase “without limitation”. Unless the context otherwise requires, the terms “herein”, “hereto”, “hereof”, “hereunder” and words of similar import refer to the EULA as a whole.
13.3. Relationship: None of the provisions of the EULA, terms and conditions, privacy policy, notices, etc. or the right to use the Web Site by the User(s) contained herein or any other section of the Web Site, linked sites, shall be deemed to constitute a partnership between the User(s) and the Company. Further, no party shall have any authority to bi
d or shall be deemed to be the agent of the other in any way. However, for the purpose of clarification, it may be noted that if by using the Web Site, the User(s) authorizes the Company and its agents to access third party sites designated by them or on their behalf for retrieving requested information, the User(s) shall be deemed to have appointed the Company and its agents as their agent for this purpose.
13.4. Headings: The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, limit, define the scope, extent or intent of the EULA, the terms and conditions, the privacy policy or the right to use the Web Site by the User(s) contained herein or any other section of the Web Site or any other linked Web Site in any manner whatsoever.
13.5. Severability: If any provision of the EULA is determined to be invalid or enforceable 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 the EULA shall continue to be in full force and effect.
13.6. Notices: All notices and communications (including those related to change in the terms and conditions, terms of services, termination of service, etc.) shall be in writing, in English language and shall be deemed served if delivered personally or by commercial messenger or courier service, or mailed by registered or certified mail (return receipt requested) or sent via email/facsimile along with acknowledgment of transmission to “info@thingstodoinindia.co and/or at the address posted on the Web Site”.
13.7. Governing Law: The EULA and each terms and conditions, terms of service, notice, etc. shall be governed by and construed in accordance with the laws of India without reference to conflict of laws of principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts of Jaipur, Rajasthan.
ALL LINKED TERMS AND CONDITIONS, POLICIES, NOTIFICATIONS HEREUNDER ARE ASSUMED TO BE READ, UNDERSTOOD AND AGREED BY THE USER(S) AND THE VENDOR(S)
