APPLICABILITY
This User Agreement along with Terms Of Service (collectively, the “User Agreement”) forms the terms and conditions for the use of services and products of Malomoto Private Limited(“TRIPEDIA”).
Any person (“User”) who inquiries about or purchases any products or services of TRIPEDIA India (i.e., where country/region selected is India) 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 TRIPEDIA are collectively referred to as ‘Website’.
Both User and TRIPEDIA are individually referred to as ‘Party’ and collectively referred to as ‘Parties’ to the User Agreement.
“Terms of Service” available on TRIPEDIA’s website details out terms & conditions applicable on various services or products facilitated by TRIPEDIA. The User should refer to the relevant Terms of Service applicable for the given product or service as booked by the User. Such Terms of Service are binding on the User.
CONTENT
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 TRIPEDIA and protected under applicable intellectual property laws. User cannot use this Content for any other purpose, except as specified herein.
User agrees to follow all instructions provided by TRIPEDIA which will prescribe the way such User may use the Content.
There are a number of proprietary logos, service marks and trademarks displayed on the Website and through other Sales Channels of TRIPEDIA, as may be applicable. TRIPEDIA does 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.
USER’S RESPONSIBILITY
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.
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.
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 TRIPEDIA. 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.
The services are provided on an “as is” and “as available” basis. TRIPEDIA may change the features or functionality of the services being provided at any time, in its sole discretion, without any prior notice. TRIPEDIA 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 TRIPEDIA or through the services opted shall create any warranty not expressly made herein or in the terms and conditions of the services.
User also authorizes TRIPEDIA’s 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.
SECURITY AND ACCOUNT RELATED INFORMATION
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 TRIPEDIA immediately in writing of any unauthorized use of their password or account or any other breach of security. TRIPEDIA 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.
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.
TRIPEDIA keeps 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., TRIPEDIA may at times verify certain information of its Users like their credit score, as and when required.
Additionally, TRIPEDIA may share your Personal Information in an anonymized and/ or aggregated form with a third party that TRIPEDIA 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.
TRIPEDIA adopts the best industry standard to secure the information as provided by the User. However, TRIPEDIA cannot guarantee that there will never be any security breach of its systems which may have an impact on User’s information too.
The data of the User as available with TRIPEDIA may be shared with concerned law enforcement agencies for any lawful or investigation purpose without the consent of the User.
FEES AND PAYMENT
In addition to the cost of booking as charged by the Service Providers, TRIPEDIA reserves the right to charge certain fees in the nature of convenience fees or service fees. TRIPEDIA further reserves 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.
In cases of short charging of the booking amount, taxes, statutory fee, convenience fee etc., owing to any technical error or other reason, TRIPEDIA shall reserve the right to deduct, charge or claim the balance amount from the User and the User shall pay such balance amount to TRIPEDIA. In cases where the short charge is claimed prior to the utilization of the booking, TRIPEDIA will be at liberty to cancel such bookings if the amount is not paid before the utilization date.
Any increase in the price charged by TRIPEDIA 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.
In the rare circumstance of a booking not getting confirmed for any reason whatsoever, TRIPEDIA will process the refund of the booking amount paid by the User and intimate the User about the same. TRIPEDIA is 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 refunds occasioned by cancellations (including user initiated cancellations, service provider initiated cancellations or force majeure related cancellations) shall be processed as per the policies of the service provider and subject to receipt of refunds from service provider. Service providers have absolute control over the refund policy, and the service provider is solely responsible for determining the amount of refund to be provided. TRIPEDIA shall make all efforts to process refunds within 24 hours of receipt of refund from the service provider. For refunds relating to transactions more than 6 months old, TRIPEDIA shall make all efforts to process refunds within 96 hours post receipt of refund from service provider and receipt of banking details from customer. Please reach out to the grievance officer if you have reason to believe that a refund has not been processed within these timelines.
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
The User agrees and understands that all payments shall only be made to bank accounts of TRIPEDIA. TRIPEDIA or its agents, representatives or employees shall never ask a customer to transfer money to any private account or to an account not held in the name of TRIPEDIA. 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 TRIPEDIA or to any personal account of any person, TRIPEDIA shall not be held liable for the same. User shall not hold any right to recover from TRIPEDIA any amount which is transferred by the User to any third party.
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 of TRIPEDIA. The User shall immediately inform TRIPEDIA if such details are demanded by any of its agents’ employees or representatives. TRIPEDIA shall not be liable for any loss that the User incurs for sharing the aforesaid details.
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.
Booking(s) made by the User through TRIPEDIA are subject to the applicable cancellation policy as set out on the booking page or as communicated to the customers in writing.
TRIPEDIA provides various modes of making payments on the Website for transacting, like UPI, Credit/Debit Cards of various banks, Net Banking facility of all major banks, TRIPEDIA and third party Wallets, Gift Cards, EMI and more.
USAGE OF THE MOBILE NUMBER, COMMUNICATION DETAILS OF THE USER BY TRIPEDIA
TRIPEDIA 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.
TRIPEDIA 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.
The User hereby unconditionally consents that such communications via SMS, internet-based messaging applications like WhatsApp, voice call, email or any other mode by TRIPEDIA are:
upon the request and authorization of the User;
‘transactional’ and not an ‘unsolicited commercial communication’ as per the guidelines of Telecom Regulation Authority of India (TRAI), and in compliance with the relevant guidelines of TRAI or such other authority in India and abroad.
The User will indemnify TRIPEDIA against all types of losses and damages incurred by TRIPEDIA 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 on TRIPEDIA 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.
INSURANCE
Unless explicitly provided by TRIPEDIA in any specific service or deliverable, obtaining sufficient insurance coverage is the obligation of the User. In no case TRIPEDIA shall accept any claims arising out of such scenarios.
Insurance, if any provided as a part of the service or product by TRIPEDIA shall be as per the terms and conditions of the third-party insurance company. TRIPEDIA merely acts as a facilitator in connecting the User with insurance company. The User shall contact the insurance company directly for any claims or disputes. TRIPEDIA shall not be held liable in case of partial acceptance or denial of the claims by the insurance company.