| Agreement
Between User and ZaharaTravel.com |
www.zaharaTravel.com website is operated by Zahara Travel & Service
Bureau . and its affiliates (collectively, the 'Zahara Online websites').
The Zahara Travel websites are offered to you conditioned on your acceptance
without modification of the terms, conditions, and notices contained herein.
Your use of the Zahara Travel website constitutes your agreement to
all such terms, conditions, and notices. If you do not agree with any
part of the following terms, conditions and notices, you must not use
the services of Zahara Travel.
Additionally, the Zahara Travel website may contain terms that govern
particular features or offers (for example, flights, hotel reservations,
packages etc.) 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 Zahara Travel website, then these terms
shall prevail.
| Modification
of these terms of use |
Zahara Travel reserves the right to change the terms,
conditions, and notices under which the Zahara Travel websites are offered,
including but not limited to the charges associated with the use of the
Zahara Travel website. You are responsible for regularly reviewing these
terms and conditions. Zahara Travel has endeavored to ensure that all
the information on The Zahara Travel website is correct, but Zahara
Travel neither warrants nor makes any representations regarding the
accuracy or completeness of any data or information contained. Zahara
Travel disclaims any liability, responsibility or any other claim, whatsoever,
in respect of any loss, whether direct or consequential, to any user or
any other person, arising out of or from the use of the information contained
in Zahara Travel Websites.
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The User hereby consents, expresses and agrees that he has read
and fully understands the Privacy Policy of Zahara Travel contained
in Zahara Travel Websites and he hereby consents that the terms and
contents of such Privacy Policy are acceptable to him.
Unless otherwise specified, the Zahara Travel website is not for commercial
use. It is specifically meant for personal use only. The user shall 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 this site.
| Alteration
in Published Description/ Content |
Although Zahara Travel makes every effort to ensure that the description
and content on each page of the site is correct, it does not, however,
take responsibility for changes occurred due to human, data entry errors
or for any loss or damages suffered by any user due to any information
contained herein. Also, Zahara Travel does not own or operate airlines
and other suppliers and cannot therefore control or prevent changes in
the published descriptions. Zahara Travel , therefore, reserves the
right to make such changes and in the event of you placing an order with
us or choosing to avail of our services, the same will be communicated
to you before the confirmation invoice is made.
| Liability
of ZaharaTravel.com |
Since Zahara Travel acts only as a booking agent, it has no liability
whatsoever for any aspect of the arrangements between the supplier and
the customer as regard to the standard of service. In no circumstances
shall Zahara Travel be liable for the services provided by the supplier.
| Link
To Third Party Sites |
The Zahara Travel websites may contain links to other websites ("Linked
Sites"). The Linked Sites are not under the control of Zahara Travel
and Zahara Travel is not responsible for the contents of any Linked
Site, including without limitation any link contained in a Linked Site,
or any changes or updates to a Linked Site. Zahara Travel is not responsible
for any form of transmission, whatsoever, received from any Linked Site.
Zahara Travel is providing these links to you only as a convenience,
and the inclusion of any link does not imply endorsement by us of the
site or any association with its operators or owners including the legal
heirs or assigns thereof.
| Prohibition
Against Unlawful use |
As a condition of your use of the Zahara Travel websites,
the user warrants that they will not use the Zahara Travel website for
any purpose that is unlawful or illegal under any law for the time being
in force within or outside India or prohibited by these terms, conditions,
and notices including both specific and implied. In addition the Site
shall not be used in any manner, which could damage, disable, overburden,
or impair it or interfere with any other party's use and/or enjoyment
of the Site. The user shall refrain from obtaining or attempt to obtain
any materials or information through any means not intentionally made
available or provided for through the Site.
| Use
of Communication services |
The Zahara Travel websites may contain services such as email, chat,
bulletin board services, information related to various tourist spots,
news groups, forums, communities, personal web pages, calendars, and/or
other message (collectively, "Communication Services"), you
agree to use the Communication Services only to post, send and receive
messages and material that are proper and related to the particular Communication
Service. By way of example, and not as a limitation, you agree that when
using a Communication Service, you will not:
| • |
Defame,
abuse, harass, stalk, threaten or
otherwise violate the legal rights
(such as rights of privacy and publicity)
of others.
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| • |
Publish, post, upload, distribute
or disseminate any inappropriate, profane,
defamatory, infringing, obscene, indecent
or unlawful topic, name, material or
information.
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| • |
Upload files that contain software
or other material protected by intellectual
property laws (or by rights of privacy
of publicity) unless you own or control
the rights thereto or have received
all necessary consents.
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| • |
Upload or distribute files that contain
viruses, corrupted files, or any other
similar software or programs that may
damage the operation of another's computer.
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| • |
Advertise or offer to sell or buy
any goods or services for any business
purpose, unless such Communication Service
specifically allows such messages.
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| • |
Conduct or forward surveys, contests,
pyramid schemes or chain letters.
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| • |
Download any file posted by another
user of a Communication Service that
you know, or reasonably should know,
cannot be legally distributed in such
manner.
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| • |
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.
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| • |
Violate any code of conduct or other
guidelines, which may be applicable
for or to any particular Communication
Service.
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| • |
The user should take particular care
while disclosing any identifying information
in any Communication Service, which
may be identifiable.
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| • |
Violate any applicable laws or regulations
for the time being in force in or outside
India.
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| • |
Violate any of the terms and conditions
of the user agreement or any other terms
and conditions for the use of Zahara
Travel Websites contained elsewhere
herein.
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Zahara Travel has no obligation to monitor the Communication
Services. However, Zahara Travel reserves the right to review materials
posted to a Communication Service and to remove any materials in its sole
discretion. Zahara Travel reserves the right to terminate the users
access(es) to any or all of the Communication Services at any time without
notice for any reason whatsoever.
Zahara Travel reserves the right at all times to disclose any information
as necessary to satisfy any applicable law, regulation, legal process
or governmental request, or to edit, refuse to post or to remove any information
or materials, in whole or in part, in Zahara Travel 'S Sole Discretion.
Zahara Travel does not control or endorse the content, messages or information
found in any Communication Service and, therefore, Zahara Travel specifically
disclaims any liability or responsibility whatsoever with regard to the
Communication Services and any actions resulting from the users participation
in any Communication Service.
Materials uploaded to a Communication Service may be subject to posted
limitations on usage, reproduction and/or dissemination; User is responsible
for keeping himself/herself updated of and adhering to such limitations
if they download the materials.
| Termination
/ Access Restriction |
Zahara Travel reserves the right, in its sole discretion, to terminate
the access to any or all Zahara Travel websites and the related services
or any portion thereof at any time, without notice.
| Third
Party Account Information |
By using the Account Access service, the user authorizes Zahara Travel
and its agents to access third party sites designated by them or on their
behalf for retrieving requested information, thereby appointing Zahara
Travel and its agents as their agent for this purpose. While registering
the user will choose a password and is responsible for maintaining the
confidentiality of the password and account. The user is fully responsible
for all activities that occur while using their password or account. It
is the duty of the user to notify Zahara Travel immediately of any unauthorized
use of their password or account or any other breach of security. Zahara
Travel will not be liable for any loss that may be incurred by the user
as a result of unauthorized use of their password or account, either with
or without their knowledge. The user shall not use anyone else's password
at any time.
Zahara Travel reserves the right to charge listing fees for certain
listings, as well as transaction fees based on certain completed transactions
using the Services. Zahara Travel 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.
Zahara Travel is responsible only for the transactions that are done
by the user through Zahara Travel . Zahara Travel will not be responsible
for screening, censoring or otherwise controlling transactions, including
whether the transaction is legal and valid as per the laws of the land
of the user. The user warrants that they will abide by all such additional
procedures and guidelines, as modified from time to time, in connection
with the use of the services. The user further warrants that they will
comply with all applicable laws and regulations regarding use of the 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 particular Zahara Travel website, then
these terms shall control.
Zahara Travel is not responsible for any errors, omissions or representations
on any of its pages or on any links or on any of the linked website pages.
Zahara Travel does not endorse any advertiser on its web pages in any
manner. The users are requested to verify the accuracy of all information
on their own before undertaking any reliance on such information.
The linked sites are not under the control of Zahara Travel and Zahara
Travel is not responsible for the contents of any linked site or any
link contained in a linked site, or any changes or updates to such sites.
Zahara Travel is providing these links to the users only as a convenience,
and the inclusion of any link does not imply endorsement of the site by
Zahara Travel .
Zahara Travel hereby expressly disclaims any implied warranties imputed
by the laws of any jurisdiction. Zahara Travel considers itself and
intends to be subject to the jurisdiction only of the courts of sultanate
of Oman .
If the user does not agree with any of the disclaimers above, they are
advised not to read the material on any of the Zahara Travel pages or
otherwise use any of the contents, pages, information or any other material
contained on the Websites. The user expressly agrees that use of the services
is at their sole risk. The services are provided on an "as is"
and "as available" basis. Zahara Travel may change the features
or functionality of the services at any time, in their sole discretion.
Zahara Travel expressly disclaims all warranties of any kind, whether
express or implied, including, but not limited to the implied warranties
of merchantability, fitness for a particular purpose and non-infringement.
The information, software, products, and
services included in or available through
the Zahara Travel websites may include
inaccuracies or typographical errors. Changes
are/may be periodically made/added to the
information herein. Zahara Travel may
make improvements and/or changes in the
Zahara Travel websites at any time without
any notice to the User. Any advice received
except through an authorised representative
of Zahara Travel via the Zahara Travel
websites should not be relied upon for any
decisions.
Zahara Travel at its sole discretion
reserves the right not to accept any customer
order without assigning any reason thereof.
Any contract to provide any service by Zahara
Travel is not complete until full money
towards the service is received from the
customer and accepted by Zahara Travel
.
The maximum liability on
part of Zahara Travel arising under
any circumstances, in respect of any services
offered on the site, shall be limited
to the refund of total amount received
from the customer for availing the services
less any cancellation, refund or others
charges, as may be applicable. In no case
the liability shall include any consequential
loss, damage or additional expense whatsoever.
In no event shall Zahara Travel and/or
its suppliers be liable for any direct,
indirect, punitive, incidental, special,
consequential damages or any damages whatsoever
including, without limitation, damages
for loss of use, data or profits, arising
out of or in any way connected with the
use or performance of the Zahara Travel
website(s). Neither shall Zahara Travel
be responsible for the delay or inability
to use the Zahara Travel websites or
related services, the provision of or
failure to provide services, or for any
information, software, products, services
and related graphics obtained through
the Zahara Travel website(s), or otherwise
arising out of the use of the Zahara Travel
website(s), whether based on contract,
tort, negligence, strict liability or
otherwise. 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.
No advice or information, whether oral
or written, which the user obtains from
Zahara Travel or through the services
shall create any warranty not expressly
made herein or in the terms and conditions
of the services. In case the user is not
satisfied with any services provided under
this site or any portion of the Zahara
Travel website(s), or with any of these
terms of use, their sole and exclusive
remedy is to discontinue using this site.
Zahara Travel may provide the user with content such
as sound, photographs, graphics, video or other material contained in
sponsor advertisements or information. This material may be protected
by copyrights, trademarks, or other intellectual property rights and laws.
The user may use this material only as expressly authorized by Zahara
Travel and shall not copy, transmit or create derivative works of such
material without express authorization.
The user acknowledges and agrees that he/she shall not upload, post, reproduce,
or distribute any content on or through the Services that is protected
by copyright or other proprietary right of a third party, without obtaining
the permission of the owner of such right. Any copyrighted or other proprietary
content distributed with the consent of the owner must contain the appropriate
copyright or other proprietary rights notice. The unauthorized submission
or distribution of copyrighted or other proprietary content is illegal
and could subject the user to personal liability or criminal prosecution.
| Modification
of these terms and conditions |
Zahara Travel reserves the right to change the terms, conditions,
and notices under which the Zahara Travel websites are offered, including
but not limited to the charges. The user is responsible for regularly
reviewing these terms and conditions.
| Personal
and Non - Commercial Use Limitation |
Unless otherwise specified, the Zahara Travel websites are
for your 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 Zahara Travel website.
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 Zahara Travel Websites or its partner
websites, shall be deemed to constitute a partnership between the user
and Zahara Travel and no Party shall have any authority to bind or shall
be deemed to be the agent of the other in any way.
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 Zahara Travel Websites or its partner websites or
any provision hereof in any manner whatsoever.
| 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.
The User agrees to indemnify, defend and hold harmless Zahara
Travel and/or its affiliates, partner 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 Zahara Travel 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.
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.
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