USER AGREEMENT


TERMS OF USE

These Terms of Use along with Terms of Service (collectively, the “User Agreement“) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“You/User”) and Le Travenues Technology Limited (“Travenues”), a travel technology company incorporated and existing in India in accordance with the Companies Act, 1956, concerning your access to and use of the Confirmtkt.com website as well as mobile application related, linked, or otherwise connected thereto (collectively, the “Site”).

confirmtkt.comis a travel website owned and operated by Travenues, hereinafter referred to as (“Confirmtkt”/ “we”/ “us” or “our”).

You agree that by accessing the site, you have read, understood, and agree to be bound by all of these Terms of Use. If you do not agree with all of these Terms of Use, then you are expressly prohibited from using the Site and you must discontinue use immediately.

Supplemental terms and conditions or documents that may be posted on the site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to this User Agreement at any time and for any reason.

We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change.

It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.

Accordingly, those persons who choose to access the site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

ELIGIBILITY

The site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to register for the site. If you are a minor, you must have your parent or guardian read and agree to these Terms of Use prior to you using the site.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions.

The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that You are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the site, the Content and the Marks.

USER REPRESENTATIONS

By using the site, you represent and warrant that:

  1. All registration information you submit will be true, accurate, current, and complete.
  2. You will maintain the accuracy of such information and promptly update such registration information as necessary.
  3. You have the legal capacity, and you agree to comply with this User Agreement;
  4. You are not under the age of 18;
  5. not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site;
  6. you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise;
  7. You will not use the Site for any illegal or unauthorized purpose;
  8. Your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

USER REGISTRATION

You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable or we have reason to believe that password might have compromised to any external threat.

FRAUDULENT ACTIVITIES, FAKE CALLS & SCAMS

Confirmtkt employees or representatives will never ask for any personal information like credit/debit card number, CVV, OTP, card expiry date, user IDs, passwords, etc. Also, you will never be asked to install any third-party applications that grant access to your mobile or computer screen.Beware of anyone who is claiming to be associated with Confirmtkt. Acting on any such requests may make you a victim of fraud, potentially leading to the loss of valuable information or money.

PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a User of the Site, you agree not to:

  1. systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  2. make any unauthorized use of the Site, 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.
  3. use a buying agent or purchasing agent to make purchases on the Site.
  4. use the Site to advertise or offer to sell goods and services.
  5. circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
  6. engage in unauthorized framing of or linking to the Site.
  7. trick, defraud, or mislead us and other Users, especially in any attempt to learn sensitive account information such as User passwords;
  8. make improper use of our support services or submit false reports of abuse or misconduct.
  9. 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.
  10. interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
  11. attempt to impersonate another User or person or use the username of another User.
  12. sell or otherwise transfer your profile.
  13. use any information obtained from the Site in order to harass, abuse, or harm another person.
  14. use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
  15. decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
  16. attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
  17. harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
  18. delete the copyright or other proprietary rights notice from any Content.
  19. copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
  20. 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 Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
  21. upload or transmit (or attempt to upload or transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
  22. 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 Site, or using or launching any unauthorized script or other software.
  23. disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
  24. use the Site in a manner inconsistent with any applicable laws or regulations.

USER GENERATED CONTRIBUTIONS

The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”).

Contributions may be viewable by other Users of the Site and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

  1. the creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
  2. you are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
  3. you have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
  4. your Contributions are not false, inaccurate, or misleading.
  5. your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
  6. your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
  7. your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
  8. your Contributions do not violate any applicable law, regulation, or rule.
  9. your Contributions do not violate the privacy or publicity rights of any third party.
  10. your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
  11. your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.

Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site.

CONTRIBUTION LICENSE

By posting your Contributions to any part of the Site or making Contributions accessible to the Site by linking your account from the Site to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site.

You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

GUIDELINES FOR REVIEWS

We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria:

  1. you should have firsthand experience with the person/entity being reviewed
  2. your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language
  3. your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability;
  4. your reviews should not contain references to illegal activity;
  5. you should not be affiliated with competitors if posting negative reviews;
  6. you should not make any conclusions as to the legality of conduct;
  7. you may not post any false or misleading statements;
  8. you may not organize a campaign encouraging others to post reviews, whether positive or negative.

We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners.

We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.

MOBILE APPLICATION LICENSE

Use License

If you access the Site via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms of Use.

You shall not:

(1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application;

(2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application;

(3) violate any applicable laws, rules, or regulations in connection with your access or use of the application;

(4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application;

(5) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended;

(6) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time;

(7) use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application;

(8) use the application to send automated queries to any website or to send any unsolicited commercial e-mail;

(9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.

Apple and Android Devices

The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play Store (each an “App Distributor”) to access the Site:

(1) the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service;

(2) we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms of Use or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application;

(3) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms of Use, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms of Use against you as a third-party beneficiary thereof.

SOCIAL MEDIA

As part of the functionality of the Site, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Site; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account.

You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account.

By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Site via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account.

Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Site.

Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Site. You will have the ability to disable the connection between your account on the Site and your Third-Party Accounts at any time.

PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.

We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content.

You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Site.

You can deactivate the connection between the Site and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Accounts, except the username and profile picture that become associated with your account.

SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

THIRD-PARTY WEBSITES AND CONTENT

The Site may contain (or you may be sent via the Site) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”).

Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.

Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern.

You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.

You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

ADVERTISERS

We allow advertisers to display their advertisements and other information in certain areas of the Site, such as sidebar advertisements or banner advertisements. If you are an advertiser, you shall take full responsibility for any advertisements you place on the Site and any services provided on the Site or products sold through those advertisements.

Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Site, including, but not limited to, intellectual property rights, publicity rights, and contractual rights.

We simply provide the space to place such advertisements, and we have no other relationship with advertisers.

SITE MANAGEMENT

We reserve the right, but not the obligation, to:

(1) monitor the Site for violations of these Terms of Use;

(2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such User to law enforcement authorities;

(3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;

(4) inour sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems;

(5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

PRIVACY POLICY

We care about data privacy and security. Please review ourPrivacy Policyhere to learn more about how we collect and use information about User via our Site. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use.

We do not knowingly accept, request, or solicit information from children or knowingly market to children. If we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Site as quickly as is reasonably practical.

INTELLECTUAL PROPERTY RIGHTS INFRINGEMENTS

We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any Intellectual Property Rights (“IPR”) you own or control, please immediately notify us atlegal@confirmtkt.com. A copy of your notification will be sent to the person who posted or stored the material addressed in the notification.

Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in your notification. Thus, if you are not sure that material located on or linked to by the Site infringes your IPR, you should consider first contacting an attorney.

FEES AND PAYMENTS

Over and above booking charges for the products/ services offered on the Site, Confirmtkt may charge certain fees in the nature of convenience fees, service fees, payment gateway charges (“Additional Fees”) for making services conveniently available to User online. Confirmtkt further reserves the right to alter any and all fees from time to time without prior notice to the User. Any such Additional Fees will be displayed to the User before confirming the booking or collecting the payment to enable you to make an informed choice.

The User is responsible for payment of all charges, fees, duties, taxes, and assessments resulting out of the use of the Site, as per the applicable laws. In cases where booking amount, taxes, statutory fee, service fees, convenience fee, payment gateway charges etc. are not properly charged or undercharged (“Balance Amount”), owing to any technical error or other reason, Confirmtkt reserves the right to deduct, charge or claim the Balance Amount from the User and the User shall pay such Balance Amount to Confirmtkt. In cases where such Balance Amount is claimed prior to the utilization of the booking, Confirmtkt will be at liberty to cancel such bookings if the amount is not paid before the utilization date.

In the event there is any addition in the prices charged by us as a result of change in applicable law including but not limited to, changes in tax rates or imposition of new taxes, or levies by Government, such increased charge will have to be borne by the User. Confirmtkt may introduce such additional charges without prior notice to the User and could also be retrospective, but will always be as per applicable law.

In the rare event of a booking not getting confirmed for any reason whatsoever, Confirmtkt shall not be liable to offer an alternate booking in lieu of or to compensate for the unconfirmed booking. Any succeeding booking will be regarded as a new transaction. The pertinent refund will be processed to the User as per the relevant policies of the third party and Confirmtkt as the case may be.

No communication will ever be made by us or any of our employees or authorized representatives enquiring about a User’s credit or debit card number, expiry date, CVV, net banking login, passwords, OTP, request for a fund transfer to a personal or an individual bank account, installation of any third-party applications that enable them to view a User’s mobile or computer screen. Acting on any of these requests may make you a victim of fraud and may potentially lead to loss of your valuable money or information.

Please be advised to not share your personal sensitive information like credit/debit card number, CVV, OTP, card expiry date, user IDs, passwords etc. with any person including the agents, employees or representatives of Confirmtkt. If any such details are requested by any of our agents, employees or representatives, please inform us at the earliest on the contact details mentioned below. However, Confirmtkt shall not be liable for any loss that the User incurs for sharing the aforesaid details.

All booking(s) made on the Site are subject to the applicable cancellation policy made visible and communicated to the Users on the Site in writing. The applicable refunds on cancelled bookings will be processed to the relevant User account either by way of wallet transfer or reversed to same banking instrument (credit card, debit card, Bank account, wallet etc.) from which initial payment was made.

INSURANCE

Unless explicitly provided by Confirmtkt in any specific service or deliverable, obtaining sufficient insurance coverage is the obligation of the User. In no case Confirmtkt shall accept any claims arising out of such scenarios.

Insurance, if any provided as a part of the service or product by Confirmtkt shall be as per the terms and conditions of the third-party insurance company. Confirmtkt merely acts as a facilitator in connecting the User with insurance company. The User shall contact the insurance company directly for any claims or disputes. Confirmtkt shall not be held liable in case of partial acceptance or denial of the claims by the insurance company.

TERM AND TERMINATION

This User Agreement shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THIS USER AGREEMENT, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THIS USER AGREEMENT OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.

In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time.

We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors.

We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site.

Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

GOVERNING LAW

This User Agreement and your use of the Site are governed by and construed in accordance with the laws of India and the Parties shall refer any unresolved disputes to the exclusive jurisdiction of courts in Bangalore.

CORRECTIONS

There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Site, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

DISCLAIMER

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

LIMITATIONS OF LIABILITY

Unless Confirmtkt explicitly acts as a reseller in certain scenarios, Confirmtkt always acts as a facilitator by connecting the Customer with the respective service providers like Railway, airlines, hotels,bus operators etc. Confirmtkt ’s liability is limited to providing the Customer with a confirmed booking as selected by the Customer.

Any issues or concerns faced by the Customer at the time of availing any such services shall be the sole responsibility of the service provider. Confirmtkt will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence on the part of any service provider.

Unless explicitly committed by Confirmtkt as a part of any product or service:

Confirmtkt assumes no liability for the standard of services as provided by the respective service providers.

Confirmtkt provides no guarantee with regard to their quality or fitness as represented.

Confirmtkt doesn’t guarantee the availability of any services as listed by a service provider.

By making a booking, Customer understands Confirmtkt merely provides a technology platform for booking of services and products and the ultimate liability rests on the respective service provider and not Confirmtkt. Thus, the ultimate contract of service is between Customer and service provider.

Customer further understands that the information displayed on the Website with respect to any service is displayed as furnished by the service provider. Confirmtkt, therefore, cannot be held liable in case the information provided by the service provider is found to be inaccurate, inadequate or obsolete or in contravention of any laws, rules, regulations or directions in force.

INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorney’s fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Site; (3) breach of these Terms of Use; (4) any breach of your representations and warranties set forth in these Terms of Use; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site with whom you connected via the Site.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

USER DATA

We will maintain certain data that you transmit to the Site for the purpose of managing the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site.

You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.

YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO THE ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE.

You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

For ease of Users, we also send booking confirmations, itinerary information, cancellations, payment confirmation/status, refund status, booking failure information or any such other information relevant to the transaction or booking made by the User, via SMS, internet-based messaging applications like WhatsApp, voice call, e-mail or any other alternate communication information furnished by the User at the time of booking.

You hereby consent that any such communication through SMS, WhatsApp, voice call, email or any other mode by us are:

  1. as per your request and authorization;
  2. ‘transactional’ and not an ‘unsolicited commercial communication’ as per the guidelines of Telecom Regulation Authority of India (TRAI), and
  3. in compliance with appropriate guidelines of TRAI or other relevant authority in India and abroad as applicable.

You hereby agree to indemnify us against any losses and damages incurred by us due to any action taken by TRAI or any other authority due to any erroneous complaint filed by the User on us on account of communications sent to User as above or failed communication due to a wrong number or email ID shared by the User for any reason whatsoever.

TCS COMPLIANCE

TCS on Overseas tour packages:

'Overseas tour package' means any tour package which offers visit to a country or countries or territory or territories outside India and includes expenses for travel or hotel stay or boarding or lodging or any other expenditure of similar nature or in relation thereto.

‘Specified Person’ means a person defined as per provisions of Section 206CCA(3) of Income Tax Act, 1961.

The User is liable to pay Tax collected at source (TCS) on booking of an ‘Overseas tour package’ at an appropriate rate over and above the price charged for such package in compliance with the provisions of Section 206C (1G)(b) of the Income Tax Act, 1961. Confirmtkt will deposit the TCS amount so collected with the Government and issue appropriate document/certificate to the User in compliance with aforesaid provision.

The User is required to provide a valid PAN of User/Traveler(s) at the time of booking an overseas tour package with Confirmtkt. The User understands and agrees that Confirmtkt, at the time of booking or at a later stage, will validate the PAN provided by the User to check compliance of provisions of Section 206CC of Income Tax Act. The User agree that in case the PAN is found to be invalid, or it does not belong to User/traveler(s), Confirmtkt has an obligation to cancel the booking in compliance with the law and process the refund as per the cancellation policy applicable to said booking.

The User further understand and agrees that Confirmtkt would also, at the time of booking or at a later stage, validate User/traveler(s) PAN as per the provisions of Section 206CCA of Income Tax Act and if on validation the User qualifies as a ‘Specified person’, the User agrees to pay TCS to Confirmtkt at such higher rate as may be applicable under section 206CCA. The User agrees to pay the additional TCS amount to Confirmtkt where, as a result of validation under section 206CCA, the TCS collected at the time of booking fall short of the applicable rate of TCS. If User fails or disagree to pay the additional TCS, Confirmtkt has the right to cancel the booking and process appropriate refund as per the cancellation policy applicable to such booking.

COMPLIANCE OF LIBERALIZED REMITTANCE SCHEME (LRS)

The RBI mandates collection of PAN details for all transactions made under Liberalized Remittance Scheme (LRS) which include any international booking made on the Website or through Sales Channels. The User warrants and confirms that PAN details of the User/traveler will be shared by the User on or before the cut-off date prescribed by Confirmtkt either at the time of booking or after the booking is made. In case the traveler is a minor, Confirmtkt will require PAN details of the parent/guardian of such minor. The User further confirms that non-compliance of this requirement may result in cancellation of the booking.

The User warrants and confirms that the total amount of foreign exchange purchased or remitted during the current financial year, through all sources in India (including the current transaction) falls within the permissible limit prescribed by the RBI. In case the limit gets breached before the actual remittance request is approved by the AD Bank, Confirmtkt has an obligation to cancel the booking in compliance with the law and process refund as per cancellation policy applicable to said booking. The User further confirms that foreign exchange, if any, purchased by User for the purpose of international travel under the current booking will be utilized for the purpose indicated above.

The User authorizes Confirmtkt to retrieve User’s/ traveler’s (in case booking on someone’s behalf) PAN details from Users profile, previous bookings or share User/traveller’s data with third party(ies) for collecting or verifying PAN details solely for the purposes mentioned in this Agreement.

The User understands Confirmtkt does not collect User’s PAN details without consent. If the User wishes to opt of providing the same or wishes to delete it if already provided, the User may do so by accessing the profile information through the Desktop.

The User authorizes Confirmtkt to share User/traveler data with third party(ies) for collecting or verifying PAN details of User/traveler.

OBLIGATION TO OBTAIN VISA

International bookings made through Confirmtkt are subject to the requirements of visa including but not limited to transit visa, OK TO BOARD which are to be obtained by the User as per the requirement of their travel bookings and the requirements of the countries the User intends to visit or transit through.

Confirmtkt is not responsible for any issues, including inability to travel, arising out of such visa requirements and is also not liable to refund any amount to the User for being unable to utilize the booking due to absence or denial of visa, irrespective whether or not the User has availed the services of Confirmtkt for the visa process too. Refund, if any, will be as per the applicable terms of booking and cancellation policy.

FORCE MAJEURE

There can be exceptional circumstances where Confirmtkt and / or the Service Providers may be unable to honor the confirmed bookings due to various reasons like act of God, labor unrest, insolvency, a pandemic, an epidemic, business exigencies, government decisions, terrorist activity, any operational and technical issues, route and flight cancellations etc. or any other reason beyond the control of Confirmtkt. If Confirmtkt has advance knowledge of any such situations where dishonor of bookings may happen, it will make its best efforts to provide similar alternative to the User or refund the booking amount after deducting applicable service charges, if supported and refunded by that respective service operators. The User agrees that Confirmtkt being merely a facilitator of the services and products booked, cannot be held responsible for any such Force Majeure circumstance. The User has to contact the Service Provider directly for any further resolutions and refunds.

The User agrees that in the event of non-confirmation of booking due to any technical reasons (like network downtime, disconnection with third party platforms such as payment gateways, banks etc.) or any other similar failures, Confirmtkt’s obligation shall be limited refunding the booking amount, if any, received from the customer. Such refund shall completely discharge Confirmtkt from all liabilities with respect to that transaction. Additional liabilities, if any, shall be borne by the User.

In no event shall Confirmtkt and be liable for any direct, indirect, punitive, incidental, special or consequential damages, and any other damages like damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website or any other Sales Channel.

MISCELLANEOUS

This User Agreement and any policies or operating rules posted by us on the Site constitute the entire agreement and understanding between User and Confirmtkt. Our failure to exercise or enforce any right or provision of this User Agreement shall not operate as a waiver of such right or provision.

This User Agreement operates to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.

If any provision or part of a provision of this User Agreement is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from this User Agreement and does not affect the validity and enforceability of any remaining provisions.

There is no joint venture, partnership, employment or agency relationship created between you and us as a result of this User Agreement or use of the Site. You agree that this User Agreement will not be construed against us by virtue of having drafted them.

You hereby waive any and all defenses you may have based on the electronic form of this User Agreement.

GRIEVANCE REDRESSAL

Confirmtkt strongly believes in resolving the issues raised by the User(s). In the event if user feels that his/her concern has not been resolved to their satisfaction, User may contact our grievance officer, who shall endeavour to redress the concern within 30 days from the date of escalation. To reach the grievance officer please email on support@confirmtkt.com . User(s) are advised to escalate to the grievance officer only when they have already raised their complaint which has not been resolved to their satisfaction, or their concern has not been resolved within 30 days from the date of ticket generation. User(s) will be required to share their booking reference number and the ticket ID generated for their complaint.

In compliance of the Information Technology Act, 2000 and rules made there under and also in compliance of the Consumer Protection (E-Commerce) Rules, 2020 the name and contact details of the Grievance Officer are herein as under:

Name: Riyaz Rehaman
Email ID: rehaman.riyaz@confirmtkt.com
Contact Number: +91-9686544863

ConfirmTkt
Le Travenues Technology Limited,
2nd Floor, North Tower, Smartworks,
Vaishnavi Tech Park, Sy No.16/1 and 17/2,
Bellandur Gate Sarjapur Main Road, Ambalipura South Wing,
Bengaluru-560103
Email Address: support@confirmtkt.com

CIN:U63000HR2006PLC071540

TERMS OF SERVICE

All Services offered on Site shall be governed by the following Terms of Service:

Confirmtkt acts as a facilitator for Users to book and search for desired train tickets on IRCTC platform. All train bookings or reservations made on the Site are subject to the applicable terms and conditions set out by IRCTC. Booking ProcessTo book train tickets, User will be redirected to IRCTC website/application. Users will need their IRCTC username and password in order to book their tickets on Confirmtkt website/application. E-tickets are booked and issued through Indian Railways only and are subject to the rules and policies of Indian Railways. Users can book a maximum of 6 seats/ berths in a booking. Seat/ berth allotment is done by Indian Railways based on their allocation logic. Confirmtkt does not guarantee allotment of preferred seat/ berth. Users with a confirmed e-ticket are permitted to board the train. Their names will appear on the chart. Fully waitlisted e-tickets are automatically cancelled by IRCTC after chart preparation. If fully waitlisted passengers are found travelling, they will be treated as without-ticket and charged as per Railway rules. Booked tickets are non-transferrable and are subject to identification. Users must carry valid ID proof such as PAN card/ Aadhar Card/ Voter ID etc. at the time of travel or boarding the train for validation. Confirmtkt will not be responsible for any schedule change by the Railways. Users are advised to confirm their train timings 24 hours prior to the train departure.The Railways rules and regulations may change from time to time. Please refer tohttp://www.indianrail.gov.in/enquiry/StaticPages/StaticEnquiry.jsp?StaticPage=index.htmlfor the latest rules and regulations. While we endeavor to keep the rules and regulations updated at all times but should not be held responsible for the same.Please reach out to IRCTCdirectly for all relevant information/ queries relating to your bookings.

ModificationsConfirmtkt cannot make any modifications to the booked tickets, including but not limited to change in passenger names, change in route, boarding point etc. Any modifications to booked tickets can be made only by IRCTC. We suggest Users to read IRCTC amendment policy herehttps://www.services.irctc.co.in/beta_htmls/Eticket_new_cancel.htmlto know more details.

Payments, Cancellations and Refunds Cancellation of booked tickets are subject to IRCTC cancellation policy and charges as per time of cancellation and booking quota (tatkal/ general/ ladies/ premium, etc.) Customers are advised to go through IRCTC cancellation policy prior to cancellation to know about the relevant cancellation charges. You can cancel a train ticket booked via Confirmtkt, only before chart preparation.Cancellation charges may vary depending on ticket type and time of ticket cancellation. Cancellations and refunds will be based on Indian Railways refund and TDR filing rules. These rules are subject to change by Indian Railways.You can find complete details of the Railway cancellation policy and rules here: http://www.indianrail.gov.in/enquiry/StaticPages/StaticEnquiry.jsp?StaticPage=refund_Rules.html&locale=en
orhttp://contents.irctc.co.in/en/eticketCancel.htmlPayment Gateway charges/service fee charged by Confirmtkt at the time of booking the tickets are non-refundable. The refund gets credited to Wallet and/or same User bank account/credit card/debit card/wallet, etc. used for booking tickets unless User has chosen for instant refund through any other payment mode, after deducting the applicable Confirmtkt ’s charges.

http://www.indianrail.gov.in/enquiry/StaticPages/StaticEnquiry.jsp?StaticPage=refund_Rules.html&locale=en
orhttp://contents.irctc.co.in/en/eticketCancel.html