TERMS AND CONDITIONS

BY ACCESSING AND VISITING THIS Website and/or Application, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THESE CUSTOMER TERMS (“CUSTOMER TERMS or “TERMS”).

PLEASE ENSURE THAT YOU READ AND UNDERSTAND ALL OF THESE CUSTOMER TERMS BEFORE YOU START USING THE Website and/or Application, AS YOU WILL BE BOUND BY THESE CUSTOMER TERMS.

These Customer Terms are between the users of the Website and/or Application (referred to as "You" or "Your" or "Yourself" or "User" or "Customers"), AND Travokarma Technologies Private Limited (“TK”), having its registered address at # 198, CMH ROAD, 2ND FLOOR, INDIRANAGAR Bangalore North Bangalore KA 560038 IN and shall be a legally binding agreement between You and TK. You, AND TK shall each be referred to individually as “Party” and collectively the “Parties”.

IF YOU DO NOT AGREE WITH ANY OF THESE CUSTOMER TERMS, YOU MUST IMMEDIATELY CEASE ACCESSING AND USING THE Website and/or Application AND THE SERVICES BEING PROVIDED UNDER THESE CUSTOMER TERMS. YOUR USE OF THE WEBSITE AND/OR APPLICATION WILL BE DEEMED AS THE ACCEPTANCE OF THESE CUSTOMER TERMS AND RESULT INTO A BINDING AGREEMENT BETWEEN YOU AND Travokarma Technologies Private Limited IN RESPECT OF YOUR USE OF THE Website and/or Application, AND/OR SUBSCRIPTION OF AVAILABLE SERVICES.

BACKGROUND

TK owns and operates the Website and/or Application connected to or mentioned on this site and the Services provided under this Website and/or Application. The Website and/or Application inter alia contains a booking functionality which enables users to subscribe to the services offered. The site provides the information and Booking Services.

These Customer Terms apply to Your access to, and use of, the Website and/or Application (whether through a computer, mobile phone or other electronic device), and other services and all information, recommendations provided to You on or through the Website and/or Application unless agreed to otherwise by the Parties in writing.

TK may amend these terms from time to time and the Terms available on the Website and/or Application shall be reflected to reflect such changes. TK shall also notify you of the changes and your continued usage of the Website shall be deemed as your consent to such changes. . Your use of the Website and/or Application is subject to the current version of the Terms made available on the Website and/or Application at the time of such use. TK may require You in certain situations to provide consent to the updated Terms in a manner specified by TK before any further use of the Website and/or Application and the Services.

THE PARTIES AGREE AS FOLLOWS

1. DEFINITIONS AND INTERPRETATION

1.1

Unless context requires otherwise, capitalized terms in these Customer Terms have the following meaning:

1.1.1

"Account" means the account created by You on the Website and/or Application for accessing the Services.

1.1.2

"Additional Fee" means any amount over and above the Booking Services being provided and outside the scope of services entered into and not accounted for while making any subscription. These could include but not be limited to duty, taxes, levies or similar fees or charges that are not included in the subscription but are payable by You to TK in respect of the costs incurred by TK or any third-party resource of TK (including government agencies and regulatory authorities) under any Applicable Laws in connection with the Services.

1.1.3

"Affiliate" means, in relation to any entity, entity that either directly or indirectly, through one or more intermediaries, Controls, is Controlled by, or is under common Control With TK. . For purposes of this definition, “Control” means, with regard to TK or any other entity, (i) the legal or beneficial ownership, directly or indirectly, of 50% or more of the shares (or other ownership interests if not a corporation) of the entity or TK through voting rights or through the exercise of rights pursuant to agreement; or (ii) the possession, directly or indirectly, of the power to direct or cause the direction of the management or policies of the entity or TK.

1.1.4

"Applicable Laws" means (in any relevant jurisdiction) all laws, including rules of common law, principles of equity, statutes, regulations, proclamations, ordinances, by-laws, rules, statutory rules of an industry body, statutory and mandatory codes or guidelines or the like, writs, orders, injunctions, judgments applicable from time to time.

1.1.5

"Website and/or Application" means such features of the “” mobile Website and/or Application or other programs, software, mobile Website and/or Application owned (or licensed to) by TK, and other URLs as may be specified by TK from time to time. The Website and/or Application includes the electronic interface where the Subscriber account is accessible, the login credentials (user ID and password) for which will be provided by TK to the Subscriber.

1.1.6

"Area of Operation" means the area in which these Customer Terms are accepted by You, being the territory of the Republic of India.

1.1.7

"Booking Confirmation" shall mean and include confirmation of the listing and other associated services requested by You and in accordance with the Service Terms and Conditions.

1.1.8

"Booking Services" shall mean such products and services provided and available for purchase and subscription, respectively, by TK and being performed by TK or its 3rd Party affiliates on the Site and/or Website and/or Application and more fully described under Clause 4.1 to Clause 4.4 of these Customer Terms.

1.1.9

"Business Day" means any day excluding Sunday or public holiday in the Area of Operation.

1.1.10

"TK" has the meaning given in the “Parties” section on the front page of these Customer Terms and includes its Affiliates unless expressly stated otherwise in any provision hereunder.

1.1.11

"Force Majeure" has the meaning set out in Clause 12.1.

1.1.12

"Creator" shall mean any individual or entity that publishes details of their listing made available for booking on the Website and/or Application.

1.1.13

"IP" has the meaning set out in Clause 11.1.

1.1.14

"Listing" shall mean all properties, experiences, activities and workshops, fundraising, mart and jobs that are available for viewing and booking on the Website and/or Application, these include any and all types of properties listed, not limited to villas, hotels, homestays, private estates etc and any and all activities as mentioned on the Platform that can be subscribed to.

1.1.15

"Privacy Policy" means the privacy policy available on the Website and/or Application, as amended by TK from time to time.

1.1.16

"Registration Data" means Your name, email address, telephone number and other information (including personal data) that is provided to TK for registering on the Website and/or Application.

1.1.17

"Services" means the services other than the Booking Services that TK provides primarily relating to Listing Details, information collection, and other services as accessed through the Website and/or Application or via the Website and/or Application within the Area of Operation.

1.1.18

"You / Your" means you, the user and subscriber of the Website and/or Application and the Services.

2. INTERPRETATION

2.1

Unless the context requires otherwise, in these Customer Terms:

2.1.1

the singular includes the plural and vice versa;

2.1.2

the words 'such as', 'for example', 'including', 'particularly' and similar expressions are not used as, nor are intended to be, interpreted as words of limitation;

2.1.3

a reference to:

2.1.3.1

person includes an individual, partnership, joint venture, trust, corporation or any other entity or association whether or not it is incorporated or has a separate legal identity;

2.1.3.2

Party includes that Party's executors, administrators, successors, and permitted substitutes and assigns, including any person taking by way of novation;

2.1.3.3

"Rupee" is to the lawful currency of the Republic of India;

2.1.3.4

anything (including a right, obligation or concept) includes each part of it;

2.1.4

in determining the time of day, the relevant time of day is the time in the Area of Operation;

2.1.5

if a period of time is calculated from a particular day, act or event (such as the giving of a notice), it is to be calculated exclusive of that day, or the day of that act or event; and

2.1.6

no rule of construction applies to the disadvantage of a Party because that Party was responsible for the preparation of these Customer Terms or any part of them.

3. REGISTRATION AND USAGE

3.1

In order to avail the use of the Services, and the Website and/or Application, You must:

3.1.1

be competent to enter into a contract under Applicable Laws, and You must provide TK with accurate, complete, current, valid and true Registration Data ("Eligibility Requirements");

3.1.2

only open one Account using Your Registration Data, and not use the account of any other person;

3.1.3

only use the Website and/or Application in accordance with these Customer Terms and all Applicable Laws, and not use the Website and/or Application, Subscription Services or Services for any illegal or unlawful purposes;

3.1.4

only use the Website and/or Application, Subscription Services and Services for Your sole, personal use, and not transfer, sell, sub-license or assign it to a third party;

3.1.5

not do or try to do anything to interfere with or harm the Website and/or Application, the Subscription Services, the Services or the network of TK or any of its Affiliates in any way whatsoever;

3.1.6

provide such information and documents which TK may reasonably request from time to time, and promptly notify TK of any change to any of Your Registration Data or other information provided to TK; and

3.1.7

only use an authorized telephonic or internet network to access and use the Website and/or Application. When using the Website and/or Application, the Subscription Services and the Services, standard messaging charges, data charges and/or voice charges (as applicable) may be imposed by Your network service provider and the same are Your responsibility.

3.1.8

You are solely responsible for maintaining the confidentiality of Website and/or Application login credentials, and will be liable for all activities and transactions, and any other misuse of the Website and/or Application, that occurs through Your Account (whether initiated by You or any third party), except to the extent caused or contributed by TK.

3.1.9

You must also notify TK immediately if You cannot access Your Account, You know of or suspect any unauthorized access or use of Your Registration Data, login details or Account, or the security of Your Account has been compromised in any way.

3.1.10

Using the Website And/Or Application for, publicly making available, performing, displaying to the public, recording, transferring, reproducing, copying, or redistributing content which is not expressly permitted under the Agreements or applicable law or which otherwise infringes the intellectual property rights (such as copyright) of TK, any person or any entity.

3.1.11

Circumventing any technology used by TK, its licensees, or any third party to protect the Application

3.1.12

Removing or altering any copyright, trademark, or other intellectual property notices contained on the Application or provided through the Website And/Or Application (including for the purpose of disguising or changing any indications of the ownership or source of any Content);

3.1.13

Selling a user account or otherwise accepting or offering to accept any compensation, financial or otherwise, to influence the name of an account or the content included on an account.

3.1.14

TK and/or any of its Third-Party Service Providers may suspend access and Service subscriptions entered into if:

3.1.14.1

the Registration Data or any other information provided by You is false, or You cease to satisfy the Eligibility Requirements;

3.1.14.2

the security of Your Account has been compromised in any way; or

3.1.14.3

You have not complied with any of the requirements in this Clause 3.

3.1.15

TK and/or any of its Third-Party Service Providers may block, suspend, alter or update the Website and/or Application, the Booking Services and/or the Services at any time (including without notice):

3.1.15.1

to make improvements to the Website and/or Application, the Booking Services and/or the Services (including the security of the Website and/or Application, the Booking Services and/or the Services);

3.1.15.2

as required by Applicable Law; or

3.1.15.3

to protect a legitimate business interest.

3.1.16

However, You may terminate these Customer Terms in accordance with Clause 13 at any time.

4. SUBSCRIPTION SERVICES

4.1

The Website and/or Application allows the Subscriber to select their desired service requirement from the list of services and packages offered by TK on the Website and/or Application.

4.2

Once You request for a service and the same has been accepted, TK will provide:

4.2.1

You with a Booking Confirmation through the Website and/or Application, and information regarding the Services and any other details TK considers appropriate; and

4.2.2

the 3rd Party service providers with Your details necessary to enable the performance of the Services (if applicable)

4.3

Along with the above services provided by TK, TK shall do the following:

4.3.1

Keeping records of the Subscription Services availed;

4.3.2

Remotely monitor any Service transactions using the Website and/or Application; and

4.3.3

Providing customer support for grievance redressal;

4.4

Except as expressly stated in these Customer Terms, the obligations of TK are limited to (a) providing a non-exclusive, limited usage license to access the Website and/or Application and its services to You; (b) managing and operating the Website and/or Application and Services in the manner reasonably determined by TK; (c) operating an online booking platform facilitating the provision of sale of Products and Services to You; and (d) payment collection on behalf of the service providers in respect of the Product(s) and Services booked by You.

5. YOUR OBLIGATIONS

5.1

You must provide true, current and complete information in your dealings with TK (including when setting up an account) and must promptly update that information as required so that the information remains true, current and complete.

5.2

If you are given a User ID, you must keep your User ID secure and:

5.3

Not permit any other person to use your User ID, including not disclosing or providing it to any other person; and

5.4

Immediately notify us if you become aware of any disclosure or unauthorised use of your User ID, by sending an email to info@travokarma.com

5.5

Not act in a way, or use or introduce anything (including any virus, worm, Trojan horse, timebomb, keystroke logger, spyware or other similar feature) that in any way compromises, or may compromise, the Website and/or Application or any Underlying System, or otherwise attempt to damage or interfere with the Website and/or Application or any Underlying System;

5.6

Not to, scan or test the vulnerability of the Website and/or Application or any network connected to the Website and/or Application, nor breach the security or authentication measures on the Website and/or Application or any network connected to the Website and/or Application in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information;

5.7

Not to disrupt or interfere with the security of the Website and/or Application, systems resources, accounts, passwords, servers or networks connected to or accessible through the Website and/or Applications.

5.8

Unless with our agreement, access the Website and/or Application via standard web browsers only and not by any other method. Other methods include scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction or monitoring method.

5.9

You must obtain our written permission to establish a link to our Website and/or Application. If you wish to do so, email your request to info@travokarma.com.

5.10

You indemnify us against any and all losses we suffer or incur as a direct or indirect result of your failure to comply with these Terms, including any failure of a person who accesses and uses our Website and/or Application by using your User ID.

5.11

Use of information provided by the Website and/or Application:

5.11.1

You may access and use the materials solely for personal, informational, and internal purposes, in accordance with the Terms;

5.11.2

You shall not remove any text, copyright or other proprietary notices contained in the catalogues of Products and Services or any other materials available on the Website and/or Application to be used for any personal or commercial purposes.

5.11.3

You shall use the Website and/or Application for reasonable and lawful purposes only and shall not indulge in any activity that is not envisaged through the Website and/or Application or these Terms or any other applicable terms.

6. DISCLAIMERS

6.1

To the extent permitted by law, we and our licensees have no liability or responsibility to you or any other person for any Loss in connection with:

6.1.1

the Website and/or Application being unavailable (in whole or in part) or performing slowly;

6.1.2

any error in, or omission from, any information made available through the Website and/or Application;

6.1.3

any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use the Website and/or Application. To avoid doubt, you are responsible for ensuring the process by which you access and use the Website and/or Application protects you from this; and

6.1.4

any site linked from the Website and/or Application. Any link on the Website and/or Application to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or operators.

6.2

By accessing or using the Website and/or Application or Services, You may be exposed to content from other users that You may consider offensive, indecent or otherwise objectionable. TK disclaims all liabilities arising in relation to such offensive content on the Website and/or Application. You may report such content by writing to us at info@travokarma.com. Tk may use tools to translate Your Content into other languages for the ease of its customers and TK makes no representation regarding the accuracy of such translations and disclaims all liabilities arising out of any information asymmetry, misunderstanding between the customer, creator or service provider.

6.3

We make no representation or warranty that the Website and/or Application is appropriate or available for use in all countries or that the content satisfies the laws of all countries. You are responsible for ensuring that your access to and use of the Website and/or Application is not illegal or prohibited, and for your own compliance with applicable local laws.

6.4

We do not endorse the existence, conduct, performance, safety, quality, legality or suitability of any services, campaigns or activities created by the Service provider, creator, Listing or third party and we do not warrant that any verification, identity or background checks conducted on any activities, fundraise or any other services, will identify past misconduct or prevent future misconduct.

7. FEEDBACK, ISSUES AND COMPLAINTS

7.1

All feedbacks issues and complaints are to be sent to TK via the following email: info@travokarma.com

8. LIABILITY

8.1

To the maximum extent permitted by law:

8.1.1

you access and use the Website and/or Application at your own risk; and

8.1.2

we are not liable or responsible to you or any other person for any Loss under or in connection with these Terms, the Website and/or Application, or your access and use of (or inability to access or use) the Website and/or Application. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity or otherwise.

8.1.3

TK not responsible for any loss of actual or anticipated profits of the user from their use of the Application.

8.1.4

TK is not responsible for, and will not be obligated to be involved in, any disputes that arise between users and between a user and a third party in connection with their use of the Application.

9. INDEMNIFICATION

9.1

You agree to defend, indemnify and hold TK harmless from and against all damages, losses, legal actions and expenses of any kind (including reasonable attorney fees and costs) arising out of or related to: (1) your breach of the Agreement; (2) any Content you access, post or otherwise contribute (Your Content); (3) any activity in which you engage on or through the TK Website And/Or Application; and (4) your violation of any law or the rights of a third party such as Copyrights.

10. REPRESENTATIONS AND WARRANTIES

You hereby represent and warrant that that you are authorized to enter into contracts for and bind your team, business or other organization, and that each entity you use is in good standing under the laws of the place where it is established. If you perform other functions, you represent and warrant that you are authorized to perform those functions. If you instruct TK to provide the transfer of payments towards bookings to any specific account or introduce any change in details of such accounts, or send payments to someone else, you must be authorized to do so, and are responsible and liable for the payment amounts and accuracy of any payout information you provide.

You represent and warrant that you are solely responsible for all Content that you provide and warrant that you either own it or are authorized to grant TK the rights described in these Terms. You are responsible and liable if any of Your Content violates or infringes the intellectual property or privacy rights of any third party.

You represent and warrant that you are not a person or entity barred from using TK Platform under the laws of India, your place of residence, or any other applicable jurisdiction.

11. PRIVACY POLICY

11.1

You are required to provide personal information to us, although in some cases if you choose not to do so then we will be unable to make certain sections of the Website and/or Application available to you. For example, we may need to have your contact information in order to provide you with updates from our Website and/or Application.

11.2

TK collects, stores, processes and transfers personal information (including sensitive financial information) in compliance with the Privacy Policy and any applicable statutes and regulations relating to the protection of personal data.

11.3

When you provide personal information to us, we will comply with the Privacy Policy of this Website and/or Application.

11.4

Your Content: In these Website and/or Application standard Terms and Conditions, “Your Content” shall mean any audio, video, text, images or other material you choose to display on this Website and/or Application. With respect to Your Content, by displaying it, you grant TK a non-exclusive, worldwide, irrevocable, royalty-free, sub-licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.

11.5

Your Content must be your own and must not be infringing on any third party's rights. TK reserves the right to remove any of Your Content from this Website and/or Application at any time, and for any reason, without notice.

11.6

Generally, we do not disclose personal information to third parties for them to use for their own purposes. However, some of the circumstances in which we may do this are:

11.6.1

to service providers and other persons working with us to make the Website and/or Application available or improve or develop its functionality (e.g. we may use a third-party supplier to host the Website and/or Application);

11.6.2

in relation to the proposed purchase or acquisition of our business or assets; or

11.6.3

where required by applicable law or any court, or in response to a legitimate request by a law enforcement agency.

11.7

Any personal information you provide to us may be stored on the secure servers of our trusted service providers, which may be located outside The Republic of India. This may involve the transfer of your personal information to countries which have less legal protection for personal information than The Republic of India. Such transfer shall however be subject to the data localisation requirements under applicable laws and regulations.

11.8

You have the right to request access to and correction of any of the personal information we hold about you. If you would like to exercise these rights, please email us at: info@travokarma.com

12. INTELLECTUAL PROPERTY RIGHTS

12.1

The Website and/or Application and all associated intellectual property rights (“IP”) remain the property of TK or its third-party licensees. Except as expressly stated, nothing in these Customer Terms grants the Customer any rights in or related to the IP, and all rights not expressly granted to the Customer are reserved by TK.

12.2

The Customer must not:

12.2.1

copy, reproduce, modify, create derivative works of, decompile, reverse engineer, or attempt to derive the composition or underlying information, structure or ideas of, any IP;

12.2.2

breach, disable, tamper with, or develop or use (or attempt) any workaround for any security measure provided on the Website and/or Application and/or Website and/or Application and/or Application;

12.2.3

use any IP in a way that infringes or misappropriates a third party's intellectual property rights or moral rights;

12.2.4

distribute, disclose or allow use of any IP by any third party in any format, through any timesharing service, service bureau, network or by any other means;

12.2.5

merge or combine any IP with any other technology not provided by TK or any; or

12.2.6

remove any proprietary notice language on any copies of any IP.

12.2.7

copy, reproduce or share the terms under these Terms and Conditions of use

12.3

Subject to compliance with these Customer Terms, TK grants the Customer a limited, non-exclusive, personal, non-transferable license during the term of these Customer Terms to use and access the Website and/or Application on any Device that the Customer owns or controls and to run the Website and/or Application solely for the Customers own personal use (including for the processing of payments).

12.4

The Customer is solely responsible for any notes, messages, e-mails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted through the Website and/or Application and/or Website and/or Application and/or Application or Device by or on Customer behalf (“Customer Content”). Customer must ensure that the Content is not unlawful and does not infringe any third party's rights (including intellectual property rights), and Customer must not:

12.4.1

publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, blasphemous, pornographic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, or otherwise unlawful material or information, or any material relating to or encouraging money laundering or gambling;

12.4.2

upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless You own or control the rights thereto or have received all necessary consents;

12.4.3

upload files that contain viruses, corrupt files, or any other similar software or programs that may damage the operation of another computer or electronic device;

12.4.4

download any file posted by another user that You know, or reasonably should know, cannot be legally distributed in such manner;

12.4.5

falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;

12.4.6

deceive or mislead the addressee about the origin of a message or communicate any information which is grossly offensive or menacing in nature;

12.4.7

harvest or otherwise collect information about others, including e-mail addresses, without their consent.

12.5

You grant TK a worldwide, perpetual, royalty-free, transferable license to use, copy, modify, adapt and commercially exploit Your Content (including making derivative works of the whole or any part of Your Content) for any purpose, including promotional and advertising purposes that TK deems fit. You represent and warrant that You have the necessary rights to Your Content and are permitted to provide Your Content to TK. For clarification, You are not entitled to any payment or other compensation for TK's use of Your Content.

12.6

Except for the Registration Data or any other data submitted by You during the use of the Service (“Permitted Information”), You should not, send any confidential or proprietary information to TK, unless required by Applicable Laws. Except for the Permitted Information, and subject to TK handling Your personal information in accordance with the Privacy Policy, any of Your Content will not be considered confidential or proprietary.

12.7

If you provide feedback, ideas or suggestions to TK in connection with the TK Website And/Or Application (“Feedback”), you acknowledge that the Feedback is not confidential and you authorize TK to use that Feedback without restriction and without payment to you. Feedback is considered a type of User Content.

12.8

Aside from the rights specifically granted herein, you retain ownership of all rights, including intellectual property rights, in the User Content. Where applicable and permitted under applicable law, you also agree to waive and not enforce any “moral rights” or equivalent rights, such as your right to be identified as the author of any User Content, including Feedback, and your right to object to derogatory treatment of such User Content.

13. APPLE LICENSING AGREEMENT

Apps made available through the App Store are licensed, not sold, to you. Your license to each App is subject to your prior acceptance of either this Licensed Application End User License Agreement (“Standard EULA”), or a custom end user license agreement between you and the Application Provider (“Custom EULA”), if one is provided. Your license to any Apple App under this Standard EULA or Custom EULA is granted by Apple, and your license to any Third Party App under this Standard EULA or Custom EULA is granted by the Application Provider of that Third Party App. Any App that is subject to this Standard EULA is referred to herein as the “Licensed Application.” The Application Provider or Apple as applicable (“Licensor”) reserves all rights in and to the Licensed Application not expressly granted to you under this Standard EULA.

a. Scope of License: Licensor grants to you a nontransferable license to use the Licensed Application on any Apple-branded products that you own or control and as permitted by the Usage Rules. The terms of this Standard EULA will govern any content, materials, or services accessible from or purchased within the Licensed Application as well as upgrades provided by Licensor that replace or supplement the original Licensed Application, unless such upgrade is accompanied by a Custom EULA. Except as provided in the Usage Rules, you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute or sublicense the Licensed Application and, if you sell your Apple Device to a third party, you must remove the Licensed Application from the Apple Device before doing so. You may not copy (except as permitted by this license and the Usage Rules), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Licensed Application).

b. Consent to Use of Data: You agree that Licensor may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Licensed Application. Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.

c. Termination. This Standard EULA is effective until terminated by you or Licensor. Your rights under this Standard EULA will terminate automatically if you fail to comply with any of its terms.

d. External Services. The Licensed Application may enable access to Licensor's and/or third-party services and websites (collectively and individually, "External Services"). You agree to use the External Services at your sole risk. Licensor is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by any Licensed Application or External Service, including but not limited to financial, medical and location information, is for general informational purposes only and is not guaranteed by Licensor or its agents. You will not use the External Services in any manner that is inconsistent with the terms of this Standard EULA or that infringes the intellectual property rights of Licensor or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that Licensor is not responsible for any such use. External Services may not be available in all languages or in your Home Country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. Licensor reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.

e. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED "AS IS" AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

f. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Licensor’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

g. You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.

h. The Licensed Application and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.

i. Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and Apple shall be governed by the laws of the State of California, excluding its conflicts of law provisions. You and Apple agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California, to resolve any dispute or claim arising from this Agreement. If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Service from the U.S.; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from this Agreement shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province or country identified below whose law governs:

If you are a citizen of any European Union country or Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence.

Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.

14. FORCE MAJEURE

14.1

Any delay in or failure to perform any obligations by a Party under these Customer Terms will not constitute a breach of these Customer Terms to the extent caused by acts of any government authorities, acts of God, global pandemics, fire, flood, explosion, riots, war, rebellion, insurrection or other event beyond the reasonable control of that Party (“Force Majeure”).

15. TERMINATION

15.1

These Customer Terms continue until such time as they are terminated in accordance with this Clause 13.1.

15.2

You may terminate these Customer Terms at any time by closing Your Account or leaving the Website and/or Application. You can close Your Account at any time by following the instructions on the Website and/or Application.

15.3

TK may terminate these Customer Terms with immediate effect if:

15.3.1

necessary to comply with any Applicable Law;

15.3.2

You cease to satisfy the Eligibility Requirements; or

15.3.3

You commit a breach (other than a trivial or inconsequential breach) of these Customer Terms that is not capable of remedy or (if capable of remedy) is not remedied within 4 Business Days after TK notifies You of the breach.

15.4

Upon termination of these Customer Terms for any reason:

15.4.1

Your rights to use the Website and/or Application will cease immediately, Your registration and Your Account will cease to apply, and TK may block Your access to the Website and/or Application;

15.4.2

TK will charge You all amounts due and owing at the date of termination in accordance with Clause 4 and

15.4.3

The Parties must cease acting in a manner that would imply a continuing relationship between the Parties.

15.4.4

will survive termination of these Customer Terms together with any other terms which by their nature do so.

15.5

Termination of these Customer Terms will not prejudice any rights of the Parties that may have accrued prior to such termination.

16. NOTICE

16.1

Any notices, requests and other communications required or permitted under these Customer Terms must be in writing and sent to the recipient Party as follows (as amended to time by the recipient Party by notice to the other Party):

16.2

TK at -
Travokarma
# 198, CMH ROAD
2ND FLOOR INDIRANAGAR
Bangalore North Bangalore
KA 560038
100 Ft Road, HAL 2nd stage, Indiranagar
Bangalore- 560008
Karnataka, India
info@travokarma.com

16.3

To You by email or text message (SMS) to the email address or mobile number (as applicable) specified in the Account.

17. ENTIRE AGREEMENT

17.1

These Customer Terms constitute the entire agreement between the Parties in connection with and will supersede all previous communications (either oral or written) between the Parties with respect to the subject matter of these Customer Terms, and no agreement or understanding varying or extending the same will be binding on either Party unless arising out of the specific provisions of these Customer Terms.

17.2

No party has entered into these Customer Terms in reliance on any term or statement other than the terms expressly set out herein, provided that this Clause 15.2 shall not apply to any fraudulent misrepresentation.

18. RELATIONSHIP OF THE PARTIES

18.1

Nothing in these Customer Terms is intended to constitute a fiduciary relationship or an agency, partnership, or trust, and You have no authority to bind TK, nor does TK have any authority to bind You.

19. GOVERNING LAW AND DISPUTE RESOLUTION

19.1

These Customer Terms shall be governed by the law of the Republic of India.

19.2

In the event of a dispute arising out of this Agreement, the parties agree to attempt to resolve any dispute by negotiation between the parties. If they are unable to resolve the dispute, either party may commence mediation and/or binding arbitration under the Indian Arbitration and Conciliation Act, 1996 including any amendments thereto. The prevailing party in any dispute resolved by binding arbitration or litigation shall be entitled to recover its attorneys’ fees and costs. Courts in Bangalore shall have exclusive jurisdiction with respect to the arbitration proceedings.

19.3

These Terms will be governed by and construed in accordance with the laws of the State of Karnataka, and you submit to the exclusive jurisdiction of the courts located in Bangalore for the resolution of any disputes.

20. AMENDMENTS TO THESE CUSTOMER TERMS

20.1

TK may amend the terms of these Customer Terms and shall keep you updated regarding such amendments.

20.2

You will be required to confirm Your acceptance of the amendments referred to in Clause 18.1. However, if You do not agree to any such amendments, You may terminate these Customer Terms in accordance with Clause 13.2 at any time prior to such amendments coming into effect.

20.3

TK may change these Terms at any time by updating them on the Website and/or Application. Unless stated otherwise, any change takes effect immediately. You are responsible for ensuring you are familiar with the latest Terms. By continuing to access and use the Website and/or Application, you agree to be bound by the changed Terms.

20.4

TK may change, suspend, discontinue, or restrict access to, the Website and/or Application without notice or liability.

20.5

These Terms were last updated on March 3rd.

21. MISCELLANEOUS

21.1

Joint Ventures: TK will be entitled to enter into any transaction whereby it acquires, merges with or enters into a joint venture with any other institution engaged in the business of providing services similar to those referred to in these Customer Terms. In such case, You may be provided the Booking Services and/or other Services by TK or the other institution respectively jointly and/or severally with the parties to any such arrangement. These Customer Terms will continue to apply in the event of any such arrangement. You may terminate these Customer Terms in accordance with Clause 13.2 at any time.

21.2

Waiver: Either Party may exercise a right, power or remedy at its discretion and separately or concurrently with another right, power or remedy. No failure or delay on the part of either Party exercising any right, power or privilege under these Customer Terms will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege under these Customer Terms preclude any other or further exercise thereof or the exercise of any other rights, powers or privileges by such Party.

21.3

Assignment: TK shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

21.4

Severability: Any provision that is prohibited or unenforceable in any jurisdiction will, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions or affecting the validity or enforceability of such provision in any other jurisdiction.

21.5

No warranties: This Website and/or Application is provided “as is,” with all faults, and TK makes no express or implied representations or warranties, of any kind related to this Website and/or Application or the materials contained on this Website and/or Application. Additionally, nothing contained on this Website and/or Application shall be construed as providing consult or advice to you.

21.6

Rights cumulative: Subject to any express provision in these Customer Terms to the contrary, the rights, powers or remedies of a Party under these Customer Terms are cumulative and in addition to, and do not exclude or limit, any right, power or remedy in any other part of these Customer Terms or otherwise provided at law or in equity.