- By "TAAVEL" we mean the legal entity of Silverspark Tech incorporated under the Indian Law and having PAN No. BOPPR2508C (“TAAVEL”) and its affiliates and subsidiaries, the features and Services we make available, including through (a) our website at www.taavel.com and any other TAAVEL branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions) (collectively called the “Website”); (b) our application for mobile, tablet and other smart devices and application program interfaces (collectively called the “Application”); (c) social plugins such as the Like button, the Share button and other similar offerings and any other features, content, or widgets offered by TAAVEL (d) other media, software (such as a toolbar), devices, or networks now existing or later developed.
- By "information" we mean facts and other information about you, including actions taken by users and non-users who interact with TAAVEL.
- By "content" we mean means any location information, information, text, graphics, images, audio, video, software, data compilations, comments, information, data, text, photographs, software, scripts, graphics, and interactive features and any other form of information capable of being stored in a computer that appears on or forms part of this Website and/or Application and includes anything you or other Users post on TAAVEL that would not be included in the definition of information, including any contentgenerated, provided, or otherwise made accessible by TAAVEL on or through the Service.
- By "data" or "user data" or "user's data" we mean any data, including a User's content or information that you or third parties can retrieve from TAAVEL or provide to TAAVEL through Platform.
- By "post" we mean post on TAAVEL or otherwise make available by using TAAVEL.
- By "use" we mean use, run, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
- By "application" we mean our our application for mobile, tablet and other smart devices and application program interfaces, as well as anything else that receives or has received data from us. If you no longer access to the Application but have not deleted all data from us, the term Application will apply until you delete the data.
Description of services
- TAAVEL currently provides Users with access to the travel content of regions across the world clubbed with collaborative search, trip planning and social networking services. TAAVEL further provides an online platform through its Website and/or Application to allow Users to post photos, videos, blog and have access to other public content posted by Users. You also understand and agree that the Service may include advertisements of third-party (ies) and that these advertisements are necessary for TAAVEL to provide the Service.
- You also understand and agree that the Service may include certain communications from TAAVEL, such as service announcements and administrative messages and that these communications are considered part of TAAVEL membership and you may choose to opt out of receiving such communications.
You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
Sharing Your Content and Information
You own all of the content and information you post and share etc., on TAAVEL, and you can control how it is shared through your privacy and account settings. In addition:
- All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. TAAVEL cannot guarantee the authenticity of any Content or data which Users may provide about themselves. You acknowledge that all Content accessed by you using the Service is at your own risk and you will be solely responsible and liable for any damage or loss to you or any other party resulting therefrom. Content added, created, uploaded, submitted, distributed, posted or otherwise obtained through the Service by Users, including Content that is added to the Service in connection with Users linking their accounts to third party websites and services, is collectively referred to as, "User Submissions".
- For content that is covered by intellectual property rights, like photos (IP content), you specifically give us the following permission, subject to your privacy: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with TAAVEL (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
- When you use our Website, Application and/or Services and related website portals, links, third party links etc., the Website, Application and/or Services may ask for your permission to access your content and information as well as content and information that others have shared with you. We respect your privacy, and the Website, Application and/or Services may control how they can use, store, and transfer that content and information. When you publish content or information using the Public setting (Called "Everyone" in Privacy Settings or called by whatever name in the future, but meaning thereby to include the general public at large, e.g. This option allows everyone to view all sections of your TAAVEL profile, including but not limited to photos and albums, itineraries and tracker), it means that you are unconditionally allowing everyone in the public at large, including people of and at TAAVEL, to access and use that information, and to associate it with you.
- TAAVEL does not take responsibility or any liability whatsoever nature with regard to any particulars of restaurants, hotels, places, events, service providers, tour operators, bar/pub/restaurant, cafe, nightclub or any eatery or any other social place etc. that TAAVEL may recommend or display on its Website, Application and/or Services. It is clearly understood that TAAVEL only shows and does not require any written consent from such third parties and therefore no liability is taken up by TAAVEL for such recommendations or display on its Website, Application and/or Services or acting thereupon by any User or travel agent.
- We always appreciate your feedback or other suggestions about TAAVEL, but you do hereby categorically agree, declare and understand that we may use them without any obligation to compensate you for them or even otherwise, not use them at all.
Use of the Website
TAAVEL exclusively owns all the intellectual property, including copyright in the data and content contained, in the Editors itineraries, Travel Blog and Destinations & Itinerary write-up, and Destinations & Itineraries' Must Do's. TAAVEL respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide TAAVEL the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the site;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
Registration and Account Security
By creating an account on the Website and/or Application you and represent, warrant and covenant that you provide us with accurate and complete registration information (including, but not limited to e-mail address, age and Phone number. A user can register on the Application and use our Services via their facebook or google plus account.
You alone are liable and responsible for maintaining the confidentiality of the password and account, and you alone are liable and fully responsible for all activities that occur under your password or account.
- TAAVEL users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
- You will not provide any false personal information on TAAVEL, or create an account for anyone other than yourself without permission.
- You will not create more than one personal account.
- If you provide any information that is untrue, inaccurate, not current or incomplete, or TAAVEL has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, TAAVEL has the right to suspend or terminate your account and refuse any and all current or future use of the service. If we disable your account, you will not create another one without our permission.
- You will not use your personal "profile" and "travel feed" (i.e. your “home screen‟) and other data for your own commercial gain, and will use a TAAVEL page and its guidelines, for such purposes.
- You will not use TAAVEL if you are under the age of 13.
- You will not use TAAVEL if you are a convicted sex offender.
- You will maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
- You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account. You will immediately notify TAAVEL of any unauthorized use of your password or account or any other breach of security.
- You will ensure that you log-out from your account at the end of each session. TAAVEL cannot and will not be liable for any loss or damage arising from your failure to comply with this provision.
- You will not transfer your account (including any Page you administer) to anyone without first getting our written permission (email: info@___________).
- If you select a username or similar identifier, including infringing copyright or other IP owned material, for your account or Travel Agent Page, we reserve the right to remove or reclaim it if we believe it is inappropriate and unlawful (such as when a trademark owner complains about a username that does not closely relate to a User's actual name).
- TAAVEL reserves the right to refuse registration of, or cancel a account in its sole discretion. You are solely responsible and liable for all activity that occurs on your account and shall be responsible for maintaining the confidentiality of your user name and password. You shall never use another user's account without such other User's prior express permission. You will immediately notify TAAVEL in writing of any unauthorized use of your account, or other account related security breach of which you are aware.
Protecting Other People's Rights
We respect other people's rights, and expect you to do the same.
- You will not post content or take any action on TAAVEL that infringes or violates someone else's rights, including those of IP, or otherwise violates the law.
- If you infringe other people's intellectual property rights, we shall have the right to disable your account when appropriate without prior notice to you.
- You will not use our copyrights or trademarks or any confusingly or deceptively similar marks.
- You will not post anyone's identification documents or sensitive financial information on TAAVEL.
Mobile and Other Devices
We currently provide our Application and Services for free, but please be aware that your carrier's normal rates and fees, such as text messaging and data charges, will still apply.
Payments & Advertisements
This is a free for use Website and Application. Users liability may be financial and monetary for which TAAVEL takes no responsibility and may be to any extent. Users do hereby indemnify and keep indemnified TAAVEL from losses, damages, claims etc. that may arise to the maximum extent permitted by applicable law. TAAVEL is NOT a booking agent or a travel agency, and does not charge service fees to users of the Site. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser / third party recommendations like restaurants, hotels, places, events, service providers, tour operators etc., on the Service. You agree that TAAVEL shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertiser / third party recommendations like restaurants, hotels, places, events, service providers, tour operators etc., on the Service. TAAVEL does not take responsibility or any liability whatsoever nature with regard to any particulars of restaurants, hotels, places, events, service providers, tour operators etc.,that TAAVEL may recommend or display on its Website and/or Application. The User understands and agrees that TAAVEL only recommends and does not require any written consent from such third parties and therefore no liability is taken up by TAAVEL for such recommendation or acting thereupon by any user or travel agent.
The Website and/or Application may at its sole discretion and without assigning any reason whatsoever at any time deactivate or/and suspend the user’s access to the Website, Application and/or the Services (as the case may be) without giving any prior notice, to carry out system maintenance or/and upgrading or/and testing or/and repairs or/and other related work. Without prejudice to any other provisions of this Agreement, TAAVEL shall not be liable to indemnify the user for any loss or/and damage or/and costs or/and expense that the user may suffer or incur, and no fees or/and charges payable by the user to TAAVEL shall be deducted or refunded or rebated, as a result of such deactivation or/and suspension.
Unless we make a change for legal or administrative reasons or otherwise, or even to correct an inaccurate statement, we will provide you with notice to review the revised terms. TAAVEL reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that TAAVEL shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. Your continued use of TAAVEL constitutes your continued acceptance of our terms, as amended, from time to time.
- You agree that regardless of any statute or law to the contrary or the applicable dispute resolution process, any claim or cause of action you may have arising out of or related to use of the Service or otherwise under these must be filed within one (1) year after such claim or cause of action arose or you hereby agree to be forever barred from bringing such claim.
- If anyone brings a claim against us related to your actions, content or information on TAAVEL, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users' actions on TAAVEL and are not responsible for the content or information users transmit or share on TAAVEL. We are not responsible for any IP infringed, offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on TAAVEL. We are not responsible for the conduct, whether online or offline, or any user of TAAVEL.
- Nothing in these terms of service is intended to exclude or limit any condition, warranty, right or liability which may not be lawfully excluded or limited. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only those limitations which are lawful in your jurisdiction (if any) will apply to you and our liability is limited to the maximum extent permitted by law.
- We try to keep TAAVEL up, bug-free, and safe, but you use it at your own risk. We are providing TAAVEL as is without any express or implied warranties including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that TAAVEL will always be safe, secure or error-free or that TAAVEL will always function without disruptions, delays or imperfections. TAAVEL is not responsible for the actions, content, information, or data of third parties and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties.
Use of Blogs, including messaging between Users.
- The Website and/or Application may contain discussion blogs or other forums in which you or third parties may post reviews, comments of travel experiences or other content, messages, materials or other items on the Website and/or Application. If TAAVEL provides such interactive areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. Further, by using any Interactive Areas, you expressly agree not to post, upload to, transmit, comment, distribute, store, create or otherwise publish through the Website and/or Application any of the following:
- Any message, data, information, text, videos, music, sound, photos, graphics, code or other material ("Content") that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the Securities and Exchange Board of India or any rules of a securities exchange where the shares of the concerned entity have been listed such as the National Stock Exchange and the Bombay Stock Exchange;
- Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- Unsolicited promotions, political campaigning, advertising or solicitations;
- Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, personal identification numbers and credit card numbers;
- Viruses, corrupted data or other harmful, disruptive or destructive files;
- Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or
- Content that, in the sole judgment of TAAVEL, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which may expose TAAVEL or its affiliates or its users to any harm or liability of any type.
- TAAVEL takes no responsibility and assumes no liability for any Content posted, shared, liked, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is TAAVEL liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, TAAVEL is not liable for any statements, representations or Content provided by its users in any public forum, personal home page or other Interactive Area. Although TAAVEL has no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, TAAVEL reserves the right, and has absolute discretion, to remove, screen or edit without notice any Content posted or stored on the Site at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any Content you post or store on the Site at your sole cost and expense.
- Any use of the interactive areas or other portions of the Website and/or Application in violation of the foregoing violates the Website and/or Application Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site. TAAVEL may provide, or third parties may provide, links to other World WideWeb sites or resources. Because TAAVEL has no control over such sites and resources,you acknowledge and agree that TAAVEL is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that TAAVEL shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
- We reserve all rights not expressly granted to you.
- Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside.