User Agremeent

USER AGREEMENT

Introduction

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 Sahasra Travel Technologies (alias its branded name “Trypmaker”)

(User) Any person who inquiries or purchases any product or service of Trypmaker through its website, mobile application, sales person, sales channels, partners, offices, etc  (all the above channels collectively called as “Sales Channels” ) agree to be governed by this agreement. The Website and mobile application are collectively called here as “Website”

Eligibility

               The User must be atleast 18 years of age and must possess the legal authority to enter into an agreement to become a User and use the services of Trypmaker. 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.

 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.

Before using the Website, approaching any Sales Channels or procuring the services of TRYPMAKER, the Users shall compulsorily read and understand User Agreement(put on our website), and shall be deemed to have accepted this Agreement as a binding document that governs User's dealings and transactions with TRYPMAKER.

If the User does not agree with any part of this Agreement, then the User must not avail TRYPMAKER's services and must not access or approach the Sales Channels of TRYPMAKER. All rights and liabilities of the User and TRYPMAKER with respect to any services or product facilitated by TRYPMAKER shall be restricted to the scope of this User Agreement.

Content

The content provided through various Sales Channels, including but not limited to Images, Videos, Audio, Software, Text, Icons etc ("Content"), are registered by TRYPMAKER 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 TRYPMAKER which will prescribe the way such User may use the Content. Any unauthorized use of the Content, will be in violation of the applicable law. TRYPMAKER respects 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;

  • Clear identification of such copyrighted work that you claim has been infringed,
  • Location of the material on the Website, including but not limited to the link of the infringing material,
  • The proof that the alleged copyrighted work is owned by you,
  • Your Contact information

 The notices can be sent to TRYPMAKER by email at support@trypmaker.com

B2B Website

Except with the prior Agent registration with Trypmaker as B2B agent, and explicit permission of Trypmaker to use the Website, all travel agents, tour operators, consolidators or aggregators ("Travel Agents") are barred from using this Website for any commercial or resale purpose. If any such bookings are detected, TRYPMAKER reserves the right, including without limitation, to cancel all such bookings immediately without any notice to such travel agents and also to withhold payments or any refunds thereto. TRYPMAKER shall not be held liable for any incidental loss or damage that may arise from the bookings made by any person through such Travel Agents. The liability in case of such cancellations shall be solely borne by such Travel Agents. All discounts and offers mentioned on the Website are applicable only to the User(s) of TRYPMAKER for legitimate bookings.

Limited Liability

Unless TRYPMAKER explicitly acts as a reseller in certain scenarios, TRYPMAKER always acts as a facilitator by connecting the User with the respective service providers like airlines, hotels, restaurants, bus operators etc. (collectively referred to as "Service Providers"). TRYPMAKER's liability is limited to providing the User with a confirmed booking as selected by the User. Any issues or concerns faced by the User at the time of availing any such services shall be the sole responsibility of the Service Provider. TRYPMAKER will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence on part of any Service Provider.

 Unless explicitly committed by TRYPMAKER as a part of any product or service,            TRYPMAKER assumes no liability for the standard of services as provided by the respective Service Providers; TRYPMAKER provides no guarantee with regard to their quality or fitness as represented; TRYPMAKER doesn't guarantee the availability of any services as listed by a Service Provider.

By making a booking, User understands TRYPMAKER merely provides a technology platform for booking of services and products and the ultimate liability rests on the respective Service Provider and not TRYPMAKER. Thus the ultimate contract of service is between User and Service Provider.

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 TRYPMAKER. 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 which has power to do so with respect to the use of services or for each transaction.

 

The services are provided on an "as is" and "as available" basis. TRYPMAKER may change the features or functionality of the services being provided at any time, in its sole discretion, without any prior notice. TRYPMAKER 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 TRYPMAKER 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 TRYPMAKER'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.

PRIVACY POLICY (LINK to Privay Policy)

Service Charges/Fee/Payment

In addition to the cost of booking as charged by the Service Providers, TRYPMAKER reserves the right to charge certain fees in the nature of convenience fees or service fees. TRYPMAKER 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, TRYPMAKER shall reserve the right to deduct, charge or claim the balance amount from the User and the User shall pay such balance amount to TRYPMAKER. In cases where the short charge is claimed prior to the utilization of the booking, TRYPMAKER 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 TRYPMAKER 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, TRYPMAKER will process the refund of the booking amount paid by the User and intimate the User about the same. TRYPMAKER 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 applicable refund will be processed as per the defined policies of the service provider and TRYPMAKER as the case may be.

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 TRYPMAKER. TRYPMAKER 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 TRYPMAKER. 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 TRYPMAKER or to any personal account of any person, TRYPMAKER shall not be held liable for the same. User shall not hold any right to recover from TRYPMAKER 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 TRYPMAKER. The User shall immediately inform TRYPMAKER if such details are demanded by any of its agents' employees or representatives. TRYPMAKER shall not be liable for any loss that the User incurs for sharing the aforesaid details.

REFUNDS

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 TRYPMAKER are subject to the applicable cancellation policy as set out on the booking page or as communicated to the customers in writing.

INSURANCE

Unless explicitly provided by TRYPMAKER in any specific service or deliverable, obtaining sufficient insurance coverage is the obligation of the User. In no case TRYPMAKER shall accept any claims arising out of such scenarios.

Insurance, if any provided as a part of the service or product by TRYPMAKER shall be as per the terms and conditions of the third-party insurance company. TRYPMAKER 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. TRYPMAKER shall not be held liable in case of partial acceptance or denial of the claims by the insurance company.

LIBERALIZED REMITTANCE SCHEME (LRS)

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

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.

 

The User authorizes TRYPMAKER to share User/traveler data with third party(ies) for collecting or verifying PAN details of User/traveler.

 VISA OBLIGATION

All International bookings made through TRYPMAKER 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. TRYPMAKER is 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 services of TRYPMAKER for the visa process too. Refund, if any, will be as per the applicable terms of booking and cancellation policy.

FORCE MAJEURE

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

 If TRYPMAKER has 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 TRYPMAKER 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.

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

In no event shall TRYPMAKER and 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.

ADVERTISERS ON TRYPMAKER, AND LINKED WEBSITES

The Website may contain links to third party websites. TRYPMAKER does not control such websites and is not responsible for its contents. If a User accesses any third-party website, the same shall be done entirely at the User's risk and TRYPMAKER shall assume no liability for the same. TRYPMAKER is not responsible for any errors, omissions or representations on any of its pages, links or any linked website pages to the extent such information is updated or provided directly by the Service Providers or the advertisers.

TRYPMAKER does not endorse any advertisers on its Website, or any linked sites in any manner. The Users are requested to verify the accuracy of all information provided on the third-party web pages.

The linked sites are not under the control of TRYPMAKER and hence TRYPMAKER is not responsible for the contents of any linked site(s) or any further links on such site(s), or any changes or updates to such sites. TRYPMAKER is providing these links to the Users only as a convenience.

RIGHT TO REFUSAL BY TRYPMAKER:

TRYPMAKER at its sole discretion reserves the right to not accept any booking without assigning any reason thereof. TRYPMAKER will not provide any service or share confirmed booking details till such time the complete consideration is received from the User.

In addition to other remedies and recourse available to TRYPMAKER under this User Agreement or under applicable law, TRYPMAKER may limit the User's activity, warn other 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:

  • The User is in breach of this Agreement; or
  • TRYPMAKER is unable to verify or authenticate any information provided by the User; or
  • TRYPMAKER believes 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 of TRYPMAKER, or TRYPMAKER itself.

Once a User has been suspended or terminated, such User shall not register or attempt to register with TRYPMAKER with different credentials, or use the Website in any manner whatsoever until such User is reinstated by TRYPMAKER.

TRYPMAKER may at any time in its sole discretion reinstate suspended users.

 If a User breaches this User Agreement, TRYPMAKER reserves the right to recover any amounts due to be paid by the User to TRYPMAKER, and to take appropriate legal action as it deems necessary. The User shall not write or send any content to TRYPMAKER which is, or communicate with TRYPMAKER using language or content which is:

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

•           contrary to any applicable law;

•           violates third parties' intellectual property rights;

•           a spam; or

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

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

RIGHT TO REFUSAL BY END SERVICE PROVIDER

User agrees that that the end service provider may refuse to provide the service(s), agreed to be provided to the User, for any booking made through TRYPMAKER with/without assigning any reasons or owing to reasons including but not limited to behavioral issues, public safety, health hazards, infectious diseases, government orders/notification etc. In such scenarios of refusal, the liability that may ensue shall solely vest with the end service provider as it is outside the purview of TRYPMAKER and the User agrees that any claim, refund or damages against such refusal shall lie solely against the end service provider and not TRYPMAKER.

RIGHT TO CANCEL

The User expressly undertakes to provide TRYPMAKER 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 from TRYPMAKER.

In case TRYPMAKER discovers or has 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, TRYPMAKER 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, TRYPMAKER 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.

If any judicial, quasi-judicial, investigation agency, government authority approaches TRYPMAKER to cancel any booking, TRYPMAKER will cancel the same without approaching the concerned User whose booking has been cancelled. The User shall not hold TRYPMAKER responsible for any loss or damage arising out of measures taken by TRYPMAKER for safeguarding its own interest and that of its genuine customers. This would also include TRYPMAKER denying or cancelling any bookings on account of suspected fraud transactions.

 

 

 

INDEMNIFICATION

The User agrees to indemnify, defend and hold harmless TRYPMAKER, its affiliates and their respective officers, directors, 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. The User shall be solely liable for any breach of any country specific rules and regulations or general code of conduct and TRYPMAKER cannot be held responsible for the same.

 

MISCLLEANEOUS

CONFIDENTIALITY: Any information which is specifically mentioned by TRYPMAKER 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.

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.

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 Telangana.

AMENDMENT TO THE USER AGREEMENT: TRYPMAKER reserves the right to change the User Agreement from time to time. The User is responsible for regularly reviewing the User Agreement.

FEEDBACK: TRYPMAKER would like to know the feedback of the Users for improving its services. The User hereby authorizes TRYPMAKER to contact the User for their feedback on various services offered by TRYPMAKER. 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 TRYPMAKER for specific exclusion at support@trypmaker.com.