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User Agreement

APPLICABILITY OF THE AGREEMENT:

This agreement ("user agreement") incorporates the terms and conditions for Triphealer and its affiliate Companies to provide services to the person intending to purchase or inquiring for any products and/ or services of Triphealer by using triphealer.com websites or using any other customer interface channels of Triphealer which includes its sales persons, offices, call centers, advertisements, information campaigns etc.

Both User and Triphealer are individually referred as 'party' to the agreement and collective referred to as 'parties'.

USER'S RESPONSIBILITY OF COGNIZANCE OF THIS AGREEMENT

The Users availing services from Triphealer shall be deemed to have read, understood and expressly accepted the terms and conditions of this agreement, which shall govern the desired transaction or provision of such services by Triphealer for all purposes, and shall be binding on the User. All rights and liabilities of the User and/or Triphealer with respect to any services to be provided by Triphealer shall be restricted to the scope of this agreement.

TRIPHEALER reserves the right, in its sole discretion, to terminate the access to any or all TRIPHEALER websites or its other sales channels and the related services or any portion thereof at any time, without notice, for general maintenance or any reason what so ever.

In addition to this Agreement, there are certain terms of service (TOS) specific to the services rendered/ products provided by TRIPHEALER like the air tickets, MICE, bus, rail, holiday packages etc. Such TOS will be provided/ updated by TRIPHEALER which shall be deemed to be a part of this Agreement and in the event of a conflict between such TOS and this Agreement, the terms of this Agreement shall prevail. The User shall be required to read and accept the relevant TOS for the service/ product availed by the User.

Additionally, the Service Provider itself may provide terms and guidelines that govern particular features, offers or the operating rules and policies applicable to each Service (for example, flights, hotel reservations, packages, etc.). The User shall be responsible for ensuring compliance with the terms and guidelines or operating rules and policies of the Service Provider with whom the User elects to deal, including terms and conditions set forth in a Service Providers' fare rules, contract of carriage or other rules.

TRIPHEALER's Services are offered to the User conditioned on acceptance without modification of all the terms, conditions and notices contained in this Agreement and the TOS, as may be applicable from time to time. For the removal of doubts, it is clarified that availing of the Services by the User constitutes an acknowledgement and acceptance by the User of this Agreement and the TOS. If the User does not agree with any part of such terms, conditions and notices, the User must not avail TRIPHEALER's Services.

In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any other TRIPHEALER document, then these terms shall control.

THIRD PARTY ACCOUNT INFORMATION

By using the Account Access service in TRIPHEALER's websites, the User authorizes TRIPHEALER and its agents to access third party sites, including that of Banks and other payment gateways, designated by them or on their behalf for retrieving requested information

While registering, the User will choose a password and is responsible for maintaining the confidentiality of the password and the account.

TRIPHEALER reserves the right to charge listing fees for certain listings, as well as transaction fees based on certain completed transactions using the services. TRIPHEALER further reserves the right to alter any and all fees from time to time, without notice.

The User shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of the services.

In case, there is a short charging by TRIPHEALER for listing, services or transaction fee or any other fee or service because of any technical or other reason, it reserves the right to deduct/charge/claim the balance subsequent to the transaction at its own discretion.

Any increase in the price charged by Company on account of change in rate of taxes or imposition of new taxes by Government shall have to be borne by customer.

In the rare possibilities of the reservation not getting confirmed for any reason whatsoever, we will process the refund and intimate you of the same. Triphealer is not under any obligation to make another booking in lieu of or to compensate/ replace the unconfirmed one. All subsequent further bookings will be treated as new transactions with no reference to the earlier unconfirmed reservation.

The User shall request Triphealer for any refunds against the unutilized or 'no show' air or hotel booking for any reasons within 90 days from the date of departure for the air ticket and/or the date of check in for the hotel booking. Any applicable refunds would accordingly be processed as per the defined policies of Airlines, hotels and Triphealer as the case may be. No refund would be payable for any requests made after the expiry of 90 days as above and all unclaimed amounts for such unutilized or �no show� air or hotel booking shall be deemed to have been forfeited.

CONFIDENTIALITY

Any information which is specifically mentioned by TRIPHEALER as Confidential shall be maintained confidentially by the user and shall not be disclosed unless as required by law or to serve the purpose of this agreement and the obligations of both the parties therein.

USAGE OF THE MOBILE NUMBER OF THE USER BY TRIPHEALER

TRIPHEALER may send booking confirmation, itinerary information, cancellation, payment confirmation, refund status, schedule change or any such other information relevant for the transaction, via SMS or by voice call on the contact number given by the User at the time of booking; TRIPHEALER may also contact the User by voice call, SMS or email in case the User couldn’t or hasn’t concluded the booking, for any reason what so ever, to know the preference of the User for concluding the booking and also to help the User for the same. The User hereby unconditionally consents that such communications via SMS and/ or voice call by TRIPHEALER is (a) upon the request and authorization of the User, (b) ‘transactional’ and not an ‘unsolicited commercial communication’ as per the guidelines of Telecom Regulation Authority of India (TRAI) and (c) in compliance with the relevant guidelines of TRAI or such other authority in India and abroad. The User will indemnify TRIPHEALER against all types of losses and damages incurred by TRIPHEALER due to any action taken by TRAI, Access Providers (as per TRAI regulations) or any other authority due to any erroneous compliant raised by the User on TRIPHEALER with respect to the intimations mentioned above or due to a wrong number or email id being provided by the User for any reason whatsoever.

SAFETY OF DATA DOWNLOADED

The User understands and agrees that any material and/or data downloaded or otherwise obtained through the use of the Service is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.

Nevertheless, TRIPHEALER will always make its best endeavors to ensure that the content on its websites or other information channels are free of any virus or such other malwares.

FEEDBACK FROM CUSTOMER AND SOLICITATION:

The User is aware that Triphealer provides various services like hotel bookings, holidays and would like to learn about them, to enhance his / her travel experience. The User hereby specifically authorizes Triphealer to contact the User with offers on various services offered by it through direct mailers, e-mailers, telephone calls, short messaging services (SMS) or any other medium, from time to time. In case that the customer chooses not to be contacted, he /she shall write to Triphealer for specific exclusion or provide his / her preferences to the respective service provider. The customers are advised to read and understand the privacy policy of TRIPHEALER on its website in accordance of which TRIPHEALER contacts, solicits the user or shares the user's information.

VISA OBLIGATIONS OF THE USER

The travel bookings done by TRIPHEALER are subject to the applicable requirements of Visa which are to be obtained by the individual traveller. TRIPHEALER is not responsible for any issues, including inability to travel, arising out of such Visa requirements and is also not liable to refund for the untraveled bookings due to any such reason.

PERSONAL AND NON-COMMERCIAL USE LIMITATION

Unless otherwise specified, the TRIPHEALER services are for the User's personal and non - commercial use. The User may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the TRIPHEALER website(s) without the express written approval from TRIPHEALER.

INDEMNIFICATION

The User agrees to indemnify, defend and hold harmless TRIPHEALER and/or its affiliates, their websites and their respective lawful successors and assigns from and against any and all losses, liabilities, claims, damages, costs and expenses (including reasonable legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by TRIPHEALER and/or its affiliates, partner websites and their respective lawful successors and assigns that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by the User pursuant to this agreement.

The user shall be solely and exclusively liable for any breach of any country specific rules and regulations or general code of conduct and TRIPHEALER cannot be held responsible for the same.

RIGHT TO REFUSE

TRIPHEALER at its sole discretion reserves the right to not to accept any customer order without assigning any reason thereof. Any contract to provide any service by TRIPHEALER is not complete until full money towards the service is received from the customer and accepted by TRIPHEALER.

Without prejudice to the other remedies available to TRIPHEALER under this agreement, the TOS or under applicable law, TRIPHEALER may limit the user's activity, or end the user's listing, warn other users of the user's actions, immediately temporarily/indefinitely suspend or terminate the user's registration, and/or refuse to provide the user with access to the website if:

• The user is in breach of this agreement, the TOS and/or the documents it incorporates by reference;

• TRIPHEALER is unable to verify or authenticate any information provided by the user; or

• TRIPHEALER believes that the user's actions may infringe on any third party rights or breach any applicable law or otherwise result in any liability for the user, other users of the website and/or TRIPHEALER.

TRIPHEALER may at any time in its sole discretion reinstate suspended users. Once the user have been indefinitely suspended the user shall not register or attempt to register with TRIPHEALER or use the website in any manner whatsoever until such time that the user is reinstated by TRIPHEALER.

Notwithstanding the foregoing, if the user breaches this agreement, the TOS or the documents it incorporates by reference, TRIPHEALER reserves the right to recover any amounts due and owing by the user to TRIPHEALER and/or the service provider and to take strict legal action as TRIPHEALER deems necessary.

RIGHT TO CANCELLATION BY TRIPHEALER IN CASE OF INVALID INFROMATION FROM USER

The User expressly undertakes to provide to TRIPHEALER only correct and valid information while requesting for any services under this agreement, and not to make any misrepresentation of facts at all. Any default on part of the User would vitiate this agreement and shall disentitle the User from availing the services from TRIPHEALER.

In case TRIPHEALER discovers or has reasons to believe at any time during or after receiving a request for services from the User that the request for services is either unauthorized or the information provided by the User or any of them is not correct or that any fact has been misrepresented by him, TRIPHEALER in its sole discretion shall have the unrestricted right to take any steps against the User(s), including cancellation of the bookings, etc. without any prior intimation to the User. In such an event, TRIPHEALER shall not be responsible or liable for any loss or damage that may be caused to the User or any of them as a consequence of such cancellation of booking or services.

The User unequivocally indemnifies TRIPHEALER of any such claim or liability and shall not hold TRIPHEALER responsible for any loss or damage arising out of measures taken by TRIPHEALER for safeguarding its own interest and that of its genuine customers. This would also include TRIPHEALER denying/cancelling any bookings on account of suspected fraud transactions.

INTERPRETATION NUMBER AND GENDER

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 corresponding masculine, feminine and neuter form. 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", "hereof", "hereto", 'hereunder" and words of similar import refer to this agreement as a whole.

SEVERABILITY

If any provision of this agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of this Agreement shall continue to be in full force and effect.

HEADINGS

The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of this agreement, terms and conditions, notices, or the right to use this website by the User contained herein or any other section or pages of TRIPHEALER Websites or its partner websites or any provision hereof in any manner whatsoever.

In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular TRIPHEALER website, then these terms shall control.

RELATIONSHIP

None of the provisions of any agreement, terms and conditions, notices, or the right to use this website by the User contained herein or any other section or pages of TRIPHEALER Websites or its partner websites, shall be deemed to constitute a partnership between the User and TRIPHEALER and no party shall have any authority to bind or shall be deemed to be the agent of the other in any way.

MODIFICATION OF THESE TERMS OF USE

TRIPHEALER reserves the right to change the terms, conditions, and notices under which the TRIPHEALER websites are offered, including but not limited to the charges. The User is responsible for regularly reviewing these terms and conditions.

JURISDICTION

TRIPHEALER hereby expressly disclaims any implied warranties imputed by the laws of any jurisdiction or country other than those where it is operating its offices. TRIPHEALER considers itself and intends to be subject to the jurisdiction only of the courts of NCR of Delhi, India.

 
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