Visitindia - Terms of Use

Agreement between User and VISITINDIA

Visitindia.com portal is operated by PRIMOSOFT, Indore, India and its affiliates (collectively, the 'VISITINDIA portal’ or 'VISITINDIA’).

The VISITINDIA portal is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the VISITINDIA portal 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 VISITINDIA.

Additionally, the VISITINDIA portal may contain terms that govern particular features or offers. 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 VISITINDIA portal, then these terms shall prevail.

Modification of these Terms of Use

VISITINDIA reserves the right to change the terms, conditions, and notices under which the VISITINDIA portal are offered, including but not limited to the charges associated with the use of the VISITINDIA portal. You are responsible for regularly reviewing these terms and conditions. VISITINDIA has endeavored to ensure that all the information on the VISITINDIA portal is correct, but VISITINDIA neither warrants nor makes any representations regarding the accuracy or completeness of any data or information contained. VISITINDIA 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 VISITINDIA Portal.

The User hereby consents, expresses and agrees that he has read and fully understands the Privacy Policy of VISITINDIA contained in VISITINDIA Portal and he hereby consents that the terms and contents of such Privacy Policy are acceptable to him.

Limited User

Unless otherwise specified, the VISITINDIA portal 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 VISITINDIA 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, VISITINDIA does not own or operate airlines and other suppliers and cannot therefore control or prevent changes in the published descriptions. VISITINDIA, 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 VISITINDIA

Since VISITINDIA acts as a Tourist Information Provider and some of our features having booking facility, 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 VISITINDIA be liable for the services provided by the supplier.

Links to Third Party Sites

The VISITINDIA portal may contain links to other portal or websites ("Linked Sites"). The Linked Sites are not under the control of VISITINDIA and VISITINDIA 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. VISITINDIA is not responsible for any form of transmission, whatsoever, received from any Linked Site. VISITINDIA 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 VISITINDIA portal, the user warrants that they will not use the VISITINDIA portal 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 VISITINDIA portal may contain services such as email, news & media services, helpline, canvas to write about any tourist place, destination, or anything related to the subject like sharing thoughts, information related to various tourist spots, news groups, 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. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information. 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.

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.

Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages. Conduct or forward surveys, contests, pyramid schemes or chain letters. 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. 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. Violate any code of conduct or other guidelines, which may be applicable for or to any particular Communication Service.

The user should take particular care while disclosing any identifying information in any Communication Service, which may be identifiable. Violate any applicable laws or regulations for the time being in force in or outside India. Violate any of the terms and conditions of the user agreement or any other terms and conditions for the use of VISITINDIA Portal contained elsewhere herein.

VISITINDIA has no obligation to monitor the Communication Services. However, VISITINDIA reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. VISITINDIA 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.

VISITINDIA 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 VISITINDIA's sole discretion.

VISITINDIA does not control or endorse the content, messages or information found in any Communication Service and, therefore, VISITINDIA 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

VISITINDIA reserves the right, in its sole discretion, to terminate the access to any or all VISITINDIA portal 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 VISITINDIA and its agents to access third party sites designated by them or on their behalf for retrieving requested information, thereby appointing VISITINDIA 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 VISITINDIA immediately of any unauthorized use of their password or account or any other breach of security. VISITINDIA 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.

Fees Payment

VISITINDIA reserves the right to charge listing fees or service charges for certain listings, as well as transaction fees based on certain completed transactions using the Services. VISITINDIA 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.

Using the Services

VISITINDIA is responsible only for the transactions that are done by the user through VISITINDIA. VISITINDIA 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 VISITINDIA portal, then these terms shall control. User Agreement VISITINDIA is not responsible for any errors, omissions or representations on any of its pages or on any links or on any of the linked portal pages. VISITINDIA 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 VISITINDIA and VISITINDIA 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. VISITINDIA 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 VISITINDIA.

VISITINDIA hereby expressly disclaims any implied warranties imputed by the laws of any jurisdiction. VISITINDIA considers itself and intends to be subject to the jurisdiction only of the courts of NCT of Delhi, India.

If the user does not agree with any of the disclaimers above, they are advised not to read the material on any of the VISITINDIA pages or otherwise use any of the contents, pages, information or any other material contained on the VISITINDIA Portal. 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. VISITINDIA may change the features or functionality of the services at any time, in their sole discretion. VISITINDIA 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 VISITINDIA portal may include inaccuracies or typographical errors. Changes are/may be periodically made/added to the information herein. VISITINDIA may make improvements and/or changes in the VISITINDIA portal at any time without any notice to the User. Any advice received except through an authorized representative of VISITINDIA via the VISITINDIA portal should not be relied upon for any decisions.

VISITINDIA 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 VISITINDIA is not complete until full money towards the service is received from the customer and accepted by VISITINDIA.

The maximum liability on part of VISITINDIA 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 VISITINDIA 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 VISITINDIA portal(s). Neither shall VISITINDIA be responsible for the delay or inability to use the VISITINDIA portal or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the VISITINDIA portal(s), or otherwise arising out of the use of the VISITINDIA portal(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 VISITINDIA 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 VISITINDIA portal(s), or with any of these terms of use, their sole and exclusive remedy is to discontinue using this site.

Liability of VISITINDIA

Propriety Rights

VISITINDIA may provide the user with content such as sound, photographs, graphics, video or other material contained in sponsor advertisements or information. The content / material showing in VISITINDIA portal may be protected by copyrights, trademarks, or other intellectual property rights and laws. The user may use this material only as expressly authorized by VISITINDIA 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 of Use

VISITINDIA reserves the right to change the terms, conditions, and notices under which the VISITINDIA portal 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 VISITINDIA portal 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 VISITINDIA portal(s).

Relationship

None of the provisions of any agreement, terms and conditions, notices, or the right to use this portal by the user contained herein or any other section or pages of VISITINDIA Portal or its partner portal, shall be deemed to constitute a partnership between the user and VISITINDIA and no Party shall have any authority to bind or shall be deemed to be the agent of the other in any way.

Headings

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 portal by the user contained herein or any other section or pages of VISITINDIA Portal or its partner portal 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.

Indemnification

The User agrees to indemnify, defend and hold harmless VISITINDIA and/or its affiliates, partner portal 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 VISITINDIA and/or its affiliates, partner portal 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.

Severability

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.