User Agreement

USER AGREEMENT

1. APPLICABILITY

a) This User Agreement along ( the "User Agreement") forms the terms and conditions for the use of services and products of EBMV LLP (hereinafter referred to as "we", "our", "us", as the case may be)

b) Any person ("User") who inquiries about or purchases any products or services of EBMV LLP through its websites, mobile applications, sales persons, offices, call centers, branch offices, franchisees, agents etc. (all the aforesaid platforms collectively referred to as “Sales Channels”) agree to be governed by this User Agreement. The websites and the mobile applications of EBMV LLP are collectively referred to as ‘Website’.

c) Both User and EBMV LLP are individually referred to as 'Party' and collectively referred to as 'Parties' to the User Agreement.

2. ELIGIBILITY TO USE

a) The User must be atleast 18 years of age and must possess the legal authority to enter into an agreement so as become a User and use the services of EBMV LLP. If you are a minor or are below the age of 18 years, you shall not register as a User of the Website and shall not transact on or use the Website.

b) As a minor if you wish to use or transact on the Website, such use or transaction shall only be made by a person of legal contracting age (legal guardian or parents). We reserve the right to terminate your membership and/or block access to the Website if it is discovered that you are a minor or incompetent to contract according to the law or any information pertaining to your age entered at the time of creation of account is false.

c) Before using the Website, approaching any Sales Channels or procuring the our services, the Users shall compulsorily read and understand this User Agreement, and shall be deemed to have accepted this User Agreement as a binding document that governs User’s dealings and transactions with us. If the User does not agree with any part of this Agreement, then the User must not avail our services and must not access or approach our Sales Channels.

d) All rights and liabilities of the User and EBMV LLP with respect to any services or product shall be restricted to the scope of this User Agreement.

3. CONTENT

a) All content provided through various Sales Channels, including but not limited to audio, images, software, text, icons and such similar content ("Content"), are registered by us and protected under applicable intellectual property laws. User cannot use this Content for any other purpose, except as specified herein.

b) User agrees to follow all instructions provided by us which will prescribe the way such User may use the Content.

c) There are a number of proprietary logos, service marks and trademarks displayed on the Website and through other Sales Channels, as may be applicable. We do not grant the User a license, right or authority to utilize such proprietary logos, service marks, or trademarks in any manner. Any unauthorized use of the Content, will be in violation of the applicable law.

d) We respect the intellectual property rights of others. If you notice any act of infringement on the Website, you are requested to send us a written notice/ intimation which must include the following information;

i. clear identification of such copyrighted work that you claim has been infringed;

ii. location of the material on the Website, including but not limited to the link of the infringing material

iii. The proof that the alleged copyrighted work is owned by you;

iv. Contact information;

e) The aforesaid notices can be sent to our authorized email address- [E-MAIL ADDRESS] 

4. WEBSITE

a) The Website is meant to be used by bonafide User(s) for a lawful use.

b) User shall not distribute exchange, modify, sell or transmit anything from the Website, including but not limited to any text, images, audio and video, for any business, commercial or public purpose.

c) The User Agreement grants a limited, non-exclusive, non-transferable right to use this Website as expressly permitted in this User Agreement. The User agrees not to interrupt or attempt to interrupt the operation of the Website in any manner whatsoever.

d) Access to certain features of the Website may only be available to registered User(s). The process of registration, may require the User to answer certain questions or provide certain information that may or may not be personal in nature. Some such fields may be mandatory or optional. User represents and warrants that all information supplied to us is true and accurate.

e) We reserve the right, in its sole discretion, to terminate the access to the Website and the services offered on the same or any portion thereof at any time, without notice, for general maintenance or any other reason whatsoever.

f) We will always make its best endeavors to ensure that the content on its websites or other sales channels are free of any virus or such other malwares. However, any data or information downloaded or otherwise obtained through the use of the Website or any other Sales Channel is done entirely at the User’s own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that may result from the download of such data or information.

g) We reserve the right to periodically make improvements or changes in its Website at any time without any prior notice to the User. User(s) are requested to report any content on the Website which is deemed to be unlawful, objectionable, libelous, defamatory, obscene, harassing, invasive to privacy, abusive, fraudulent, against any religious beliefs, spam, or is violative of any applicable law. On receiving such report, we reserve the right to investigate and/or take such action as the we may deem appropriate.

5. USER’S RESPONSIBILITY

a) Users are advised to check the description of the services and products carefully before making a booking. User(s) agree to be bound by all the conditions as contained in booking confirmation or as laid out in the confirmed booking voucher. These conditions are also to be read in consonance with the User Agreement.

b) If a User intends to make a booking on behalf of another person, it shall be the responsibility of the User to inform such person about the terms of this Agreement, including all rules and restrictions applicable thereto.

c) The User undertakes to abide by all procedures and guidelines, as modified from time to time, in connection with the use of the services available through us. The User further undertakes to comply with all applicable laws, regulations, orders, directions etc. issued by either the Central Government, State Government, District Authorities or any other statutory body empowered to do so w.r.t use of services or for each transaction.

d) The services are provided on an "as is" and "as available" basis. We may change the features or functionality of the services being provided at any time, in its sole discretion, without any prior notice. We expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, reasonably fit for all purposes. No advice or information, whether oral or written, which the User obtains from us or through the services opted shall create any warranty not expressly made herein or in the terms and conditions of the services.

e) User also authorizes our representative to contact such user over phone, message and email. This consent shall supersede any preferences set by such User through national customer preference register (NCPR) or any other similar preferences.

6. SECURITY AND ACCOUNT RELATED INFORMATION

a) While registering on the Website, the User will have to choose a password to access that User’s account and User shall be solely responsible for maintaining the confidentiality of both the password and the account as well as for all activities on the account. It is the duty of the User to notify us immediately in writing of any unauthorized use of their password or account or any other breach of security. We will not be liable for any loss that may be incurred by the User as a result of unauthorized use of the password or account, either with or without the User’s knowledge. The User shall not use anyone else's account at any time.

b) User understands that any information that is provided to this Website may be read or intercepted by others due to any breach of security at the User’s end.

c) We keep all the data in relation to credit card, debit card, bank information etc. secured and in an encrypted form in compliance with the applicable laws and regulations. However, for cases of fraud detection, offering bookings on credit (finance) etc., we may at times verify certain information of its Users like their credit score, as and when required.

d) Additionally, we may share your Personal Information in an anonymized and/ or aggregated form with a third party that we may engage to perform certain tasks on its behalf or to fulfill the desired booking, including but not limited to payment processing, data hosting, data processing , credit score and assessing credit worthiness for offering bookings on credit in accordance with the applicable laws.

e) Additionally, we may share your Personal Information in an anonymized and/ or aggregated form with a third party that we may engage to perform certain tasks on its behalf, including but not limited to payment processing, data hosting, data processing , credit score and assessing credit worthiness for offering bookings on credit in accordance with the applicable laws.

f) We adopt the best industry standard to secure the information as provided by the User. However, we cannot guarantee that there will never be any security breach of its systems which may have an impact on User’s information too.

g) The data of the User as available with us may be shared with concerned law enforcement agencies for any lawful or investigation purpose without the consent of the User.

7. FEES AND PAYMENT

a) In addition to the cost of booking as charged by the Service Providers, we reserve the right to charge certain fees in the nature of convenience fees or service fees. We further reserve the right to alter any and all fees from time to time. Any such additional fees, including fee towards any modifications thereof, will be displayed to the User before confirming the booking or collecting the payment from such User.

b) In cases of short charging of the booking amount, taxes, statutory fee, convenience fee etc., owing to any technical error or other reason, we shall reserve the right to deduct, charge or claim the balance amount from the User and the User shall pay such balance amount to us. In cases where the short charge is claimed prior to the utilization of the booking, we will be at liberty to cancel such bookings if the amount is not paid before the utilization date.

c) Any increase in the price charged by us on account of change in rate of taxes or imposition of new taxes, levies by Government shall have to be borne by the User. Such imposition of taxes, levies may be without prior notice and could also be retrospective but will always be as per applicable law.

d) In the rare circumstance of a booking not getting confirmed for any reason whatsoever, we will process the refund of the booking amount paid by the User and intimate the User about the same. We are not under any obligation to provide an alternate booking in lieu of or to compensate or replace the unconfirmed booking. All subsequent bookings will be treated as new transactions. Any applicable refund will be processed as per the defined policies of the service provider and us as the case may be.

e) The User shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of the service, as per the applicable laws

f) The User agrees and understands that all payments shall only be made to bank accounts of EBMV LLP. We or our agents, representatives or employees shall never ask a customer to transfer money to any private account or to an account not held in our name. The User agrees that if that user transfers any amount against any booking or transaction to any bank account that is not legitimately held by us or to any personal account of any person, we shall not be held liable for the same. User shall not hold any right to recover from us any amount which is transferred by the User to any third party.

g) The User will not share his 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. The User shall immediately inform us if such details are demanded by any of its agents’ employees or representatives. We shall not be liable for any loss that the User incurs for sharing the aforesaid details.

h) Refunds, if any, on cancelled bookings will always be processed to the respective account or the banking instrument (credit card, wallet etc.) from which payment was made for that booking.

i) Booking(s) made by the User through us are subject to the applicable cancellation policy as set out on the booking page or as communicated to the customers in writing.

8. USAGE OF THE MOBILE NUMBER, COMMUNICATION DETAILS OF THE USER

a) We will send booking confirmation, itinerary information, cancellation, payment confirmation, refund status, schedule change or any such other information relevant for 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 detail provided by the User at the time of booking.

b) We may also contact the User through the modes mentioned above for any pending or failed bookings, to know the preference of the User for concluding the booking and also to help the User for the same.

c) The User hereby unconditionally consents that such communications via SMS, internet-based messaging applications like WhatsApp, voice call, email or any other mode by us are:

i) upon the request and authorization of the User;

ii) ‘transactional’ and not an ‘unsolicited commercial communication’ as per the guidelines of Telecom Regulation Authority of India (TRAI), and

iii) in compliance with the relevant guidelines of TRAI or such other authority in India and abroad.

d) The User will indemnify us against all types of losses and damages incurred by us due to any action taken by TRAI, Access Providers (as per TRAI regulations) or any other authority due to any erroneous complaint raised by the User with respect to the communications mentioned above or due to a wrong number or email id being provided by the User for any reason whatsoever.

9. COMPLIANCE OF LIBERALIZED REMITTANCE SCHEME (LRS)

a) 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 us either at the time of booking or after the booking is made. In case the traveler is a minor, we 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

b) 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. 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.

c) The User authorizes us 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.

d) The User understands, we do 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.

10. OBLIGATION TO OBTAIN VISA

a) International bookings made through us 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.

b) We are 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 our services for the visa process too. Refund, if any, will be as per the applicable terms of booking and cancellation policy.

11. FORCE MAJEURE

a) There can be exceptional circumstances where we and / or the Service Providers may be unable to honor the confirmed bookings due to various reasons like act of God, labor unrest, insolvency, business exigencies, government decisions, terrorist activity, any operational and technical issues, route and flight cancellations etc. or any other reason beyond our control. If we have 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 we 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.

b) 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, our obligation shall be limited refunding the booking amount, if any, received from the customer. Such refund shall completely discharge us from all liabilities with respect to that transaction. Additional liabilities, if any, shall be borne by the User.

c) In no event shall we 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.

12. RIGHT TO REFUSE

a) We at our sole discretion reserve the right to not accept any booking without assigning any reason thereof.

b) We will not provide any service or share confirmed booking details till such time the complete consideration is received from the User.

c) In addition to other remedies and recourse available to us under this User Agreement or under applicable law, we may limit the User's activity, warn other

d) users of the User's actions, immediately suspend or terminate the User's registration, or refuse to provide the User with access to the Website if:

i) The User is in breach of this User Agreement; or

ii) We are unable to verify or authenticate any information provided by the User; or

iii) We believe 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, or our’s itself.

e) Once a User has been suspended or terminated, such User shall not register or attempt to register with us with different credentials, or use the Website in any manner whatsoever until such User is reinstated by us. We may at any time in our sole discretion reinstate suspended users.

f) If a User breaches this User Agreement, we reserve the right to recover any amounts due to be paid by the User to us, and to take appropriate legal action as we deem necessary.

g) The User shall not write or send any content to us which is, or communicate with us using language or content which is:

i) abusive, threatening, offensive, defamatory, coercive, obscene, belligerent, glorifying violence, vulgar, sexually explicit, pornographic, illicit or otherwise objectionable;

ii) contrary to any applicable law;

iii) violates third parties' intellectual property rights;

iv) a spam; or

v) in breach of any other part of these terms and conditions of use.

h) If the User violates any of the aforesaid terms, we shall be at liberty to take appropriate legal action against the User.

13. RIGHT TO CANCEL

a) The User expressly undertakes to provide us with correct and valid information while making use of the Website under this User Agreement, and not to make any misrepresentation of facts. Any default on part of the User would disentitle the User from availing the services.

b) In case we discover or have 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 the travelers is not correct or that any fact has been misrepresented by that User, we shall be entitled to appropriate legal remedies against the User, including cancellation of the bookings, without any prior intimation to the User. In such an event, we shall not be responsible or liable for any loss or damage that may be caused to the User or any other person in the booking, as a consequence of such cancellation of booking or services.

c) If any judicial, quasi-judicial, investigation agency, government authority approaches us to cancel any booking, we will cancel the same without approaching the concerned User whose booking has been cancelled.

d) The User shall not hold us responsible for any loss or damage arising out of measures taken by us for safeguarding its own interest and that of its genuine customers. This would also include our denying or cancelling any bookings on account of suspected fraud transactions.

14. FAKE CALLS AND OTHER SIMILAR PHISHING, SPAMMING OR FRAUDULENT ACTIVITIES

a) Our employees or authorized representatives will never contact a User asking for his/ her credit or debit card number, expiry date, CVV, net banking login, passwords, OTP etc. nor will they ever request for a fund transfer to a personal or an individual bank account. Further, they will also not ask a User to install any third-party applications that enable them to view a User’s mobile or computer screen.

b) 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.

.

15. INDEMNIFICATION

a) The User agrees to indemnify, defend and hold harmless EBMV LLP, its affiliates and their respective officers, lawful successors and assigns from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by such indemnified persons, that arise out of, result from, or may be payable by virtue of, any breach of any representation or warranty provided by the User, or non-performance of any covenant by the User.

b) The User shall be solely liable for any breach of any country specific rules and regulations or general code of conduct and we cannot be held responsible for the same.

16. MISCLLEANEOUS

a) SEVERABILITY: If any provision of this User 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 User Agreement shall continue to be in full force and effect.

b) JURISDICTION: This Agreement is subject to interpretation as per the laws of India, and the parties shall refer any unresolved disputes to the exclusive jurisdiction of courts in Delhi.

c) AMENDMENT TO THE USER AGREEMENT: We reserve the right to change the User Agreement from time to time. The User is responsible for regularly reviewing the User Agreement.

d) CONFIDENTIALITY: Any information which is specifically mentioned by us 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 User Agreement and the obligations of both the parties herein.

e) FEEDBACK FROM CUSTOMER: We would like to know the feedback of the Users for improving its services. The User hereby authorizes us to contact the User for their feedback on various services offered by us. Such feedback may be collected through emails, telephone calls, SMS or any other medium from time to time. In case the User chooses not to be contacted, such User shall write to us for specific exclusion.

f) PRIVACY POLICY: User shall also refer to our Privacy Policy which governs use of the Website. By using the Website, User agrees to the terms of the Privacy Policy and accordingly consents to the use of the User’s personal information by us and its affiliates in accordance with the terms of the Privacy Policy.

g) GRIEVANCE REDRESSAL: We strongly believe in resolving the issues raised by the User(s). In the event if user feels that it’s concern has not been resolved to it’s satisfaction, User may contact our grievance officer, who shall endeavour to redress the concern within 30 working days from the date of escalation. 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 working days from the date of ticket generation. User(s) will be required to share their booking reference number for their complaint, for any escalations to the Grievance Officer.
 

In compliance of the Information Technology Act, 2000 and rules made thereunder 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:
Email ID:
224, JMD Metropolis, Sohna Road, Sector-48

Gurugram, Haryana- 122001
 

Working hours : Mon to Fri (9:00 to 18:00)