TRAVEX ADVERTISING LLC
T&C


1.    Introduction

1.1.    Travex Advertising LLC., having its registered office at ________ (hereinafter referred to as “Travex”, “We”, “Us” or “Our”) provides an online services of _________ and more particularly described under Point 2 of these T&C ("Services"), which Services are accessible at https://instaTravex.com/ and any other websites through which Travex makes the Services available (collectively, the Travex "Website") and as applications for mobile, tablet and other smart devices and applications program interfaces (collectively, the "Mobile App").

1.2.    By accessing or using the Website, Mobile App or Services or by downloading or posting any content from or on the Website, via the Mobile Apps, You would be indicating that You have read, and that You understand and agree to be bound by these T&C and receive our Services (“Terms of Services” or “Terms” or "T&C"), whether or not You have registered with the Website and/or Mobile App.

1.3.    Therefore, please read these T&C before accessing or using the Website, Mobile App or Services or downloading or posting any content from or on the Website, via the Mobile App or through the Services, carefully as they contain important information regarding your legal rights, remedies and obligations.

1.4.    If You do not agree to these T&C, then you have no right to access or use the Website, Mobile App, Services.

1.5.    These T&C  may be updated by Travex at any time without notice to the User. You can review the most current version of the T&C at any time by accessing the “T&C & Conditions” link on the Travex Website. In addition, when using Travex Services, then You are agreeing to these T&C governing Your use of this Website. By accessing the Website, You acknowledge, accept and agree to this T&C. This T&C is effective from the time You access the Website. By accepting this T&C, You are accepting and agreeing to be bound by the Privacy Policy as well.

1.6.    This document is an electronic record and is generated by a computer system and does not require any physical or digital signatures.

1.7.    “You" or “Your” or “User” means and includes any person or an entity or any legal entity using or accessing the services provided on the Website or Mobile App.

2.    Background

2.1.     Travex is a meticulously designed travel concierge which is composed to help travellers take an informed decision and make the most of their journey. From personal experiences and entries from the diaries of the traveller to finding the right accommodation, advising the best method of travel, what to shop, and selecting the must see places, Travex has it all. Travel Smart with Travex !

2.2    The year 2014 marked the launch of Travex travel guide a smart updated, informative, well planned magazine with credible catalogued travel contents. The magazine has proven to be a great source of current information on hotels, transport, shopping, nightlife, sight-seeing, leisure activities, family fun and much more. This print version became sought after being placed at airports, star hotel concierges, money exchanges, rent a car outlets and even in taxis and attained exaction among the traveller's.

2.3    Continuing to build on the success and popularity of the magazine, Travex has framed the Travex Mobile App which brings the same quality and experience of the print version to your fingertips particularly for the tech savvy travellers. This modern day compass gives intelligent directions to the traveller and acts as a local friend and a constant companion on your travel. The Mobile App is all that you need to get a sense of complete exploration and satisfaction sans the heavy bulk of guide books and unmanageable folds of huge maps. It has been engineered to be undemanding in terms of resources like RAM use or Storage and is also inclusive of real time features, geo specific recommendations, alerts on great shopping sale, special dinner even an exotic event happening right in your vicinity. A traveller once registered on the Website/ Mobile App can access any travel related information on hotels, transport, shopping, nightlife, sight-seeing, leisure activities, family fun and much more services. As our tagline rightly says “once you have our App, you won’t need a map”, you can finally give up learning on “how to systematically fold back an opened road map into its originally intended shape”.

3.    Using the Website/ Mobile App

3.1.    By using our Website/ Mobile App will be able to associate with the experiences of travellers from all over the globe, get an insight into the destinations that have been personally visited by the travellers from all over the world, irrespective of where they are located. Also, the Website/Mobile App will have the flexibility to provide the Travel related information, guidancefrom anywhere across the globe. This not only ensures optimum utilization of the Services but also helps the tourist to be a traveller and not just a tourist.

3.2.    Similarly, a traveller once registered on the Website/ Mobile App can access any travel related information on hotels, transport, shopping, nightlife, sight-seeing, leisure activities, family fun and much more. The information is easily accessible to the traveller as it is browser based Website/Mobile App. The Website/Mobile App has been designed to be simple and user friendly.

3.3.    You agree that, the Website/Mobile App serves as a crucial conduit that connects the travellers/tourists to the team of Travex. By registering with Travex and installing the Mobile App, the travellers/tourists get immediate access to all their answers related to travel.

3.4.    You agree and understand that this Website and the Mobile App is a platform that enables the Users of this Website/Mobile App to engage with Travex and avail Services offered by Travex and also enables providing information by the well travelled tourists to Travex at just the click of a button.

3.5.    In order to provide the Services, Travex has also engaged with certain booking agents ("Booking Agents") who shall provide booking services with respect to__________. It is clered that, Travex shall not be liable to any claims of defects in the Services due to the errors made by the Booking Agents while providing Services to the travelers/ tourists.

3.6.    It is also clarified that Travex itself does not provide booking Services. It is the local tour operators, destination management companies  who shall render booking services to the travelers/tourists.

3.7.    Please also note that We are not responsible for the behaviour, actions or inactions of the booking agents for rendering travel Services, its quality of the booking services which travellers may use. Any contract for the provision of booking services is between the Booking Agent and the traveller/tourist and not Travex. We simply provide a platform to connect the potential travellers/tourists and information given by and collated from well travelled tourists located at different places across the world.

3.8.    While making use of the Website and or theMobile App, and other services such as the discussion forums, comments and feedback and other services interalia, You will post in the appropriate category or area and You agree that Your use of the Website and or the Mobile App shall be strictly governed by this T&C.

3.9.    We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these T&C, at any time without any prior written notice to You. It is Your responsibility to review these T&C periodically for updates / changes. Your continued use of the Website and or the Mobile App following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these T&C , We grant You a personal, non-exclusive, non-transferable, limited privilege to use and enter the Website and or the Mobile App.

3.10.    Accessing, browsing or otherwise using the Website and or the Mobile App indicates Your agreement to all the terms and conditions under these T&C of use, so please read the T&C carefully before proceeding. By impliedly or expressly accepting these T&C, You also accept and agree to be bound by Travex other policies (including but not limited to Privacy Policy) as amended from time to time.

3.11.    You agree that, We are mere a platform that will give travel related information to the potential travellers/tourists.We shall not be responsible for any  findings in the information that represent the breach in standard of care to be taken by the Booking Agent.

3.12.    In addition, certain areas of the Website and Mobile App (and your access to or use of certain aspects of the Services) may have different terms and conditions, standards, guidelines, or policies posted or may require You to agree with and accept additional terms and conditions. If there is a conflict between these T&C and conditions posted for a specific area of the Website, Mobile App, Services, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Website, Mobile App or Services.

3.13.    If you do not agree to these T&C, you have no right to obtain information from or otherwise continue using the Website, Mobile App or Services. Failure to use the Website, Mobile App or Services in accordance with these T&C may subject you to civil and criminal liabilities.

4.    Eligibility

4.1.    Use of the Website, Mobile App and Services is available only to persons who can form legally binding contracts under any relevant laws. The Website, Mobile Application and Services are intended solely for persons who are 18 years of age or older. Any access to or use of the Website, Mobile App or Services by anyone under 18 years is expressly prohibited. By accessing or using the Website, Mobile App or Services you represent and warrant that you are 18 years or older.

5.    Account Registration

5.1.    In order to access certain features of the Website, Mobile App or Services, you must register to create an account ("Travex Account") and become a member. You may register to join the Services directly via the Website or Mobile App or as described in these T&C.

5.2.    You can also register to join by logging into your account with certain third-party social networking sites ("SNS") (including, but not limited to, Facebook, Instagram; each such account, a "Third-Party Account"), via our Website or Mobile App, as described below. As part of the functionality of the Website, Mobile App and Services, you may link your Travex Account with Third-Party Accounts, by either: (i) providing your Third-Party Account login information to Travex through the Website or Mobile App or Services; or (ii) allowing Travex to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Travex and/or grant Tavex access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Tavex to pay any fees or making Travex subject to any usage limitations imposed by such third-party service providers. By granting Travex access to any Third-Party Accounts, you understand that Travex will access, make available and store (if applicable) any Content that you have provided to and stored in your Third-Party Account ("SNS Content") so that it is available on and through the Website or Mobile App or Services via your Travex Account and Travex Account profile page. Unless otherwise specified in these T&C, all SNS Content, if any, will be considered to be member content for all purposes of theseT&C. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts will be available on and through your Travex Account on the Website or Mobile App. Please note that if a Third-Party Account or associated service becomes unavailable or Travex's access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Website, Mobile App and Services. You have the ability to disable the connection between your Travex Account and your Third-Party Accounts, at any time, by accessing the "Settings" section of the Website or Mobile App. Please note that your relationship with the third-party service providers associated with your third-party accounts is governed solely by your agreement(s) with such third-party service providers. Travex makes no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality or non-infringement and Travex is not responsible for any SNS Content.

5.3.    Your Travex Account and your Travex Account profile page will be created for your use of the Website or Mobile App based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active Travex Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Travex reserves the right to suspend or terminate your Travex Account and your access to the Website or Mobile App and Services if you create more than one (1) Travex Account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current, incomplete, or otherwise in violation of these Terms.

5.4.    You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Travex Account, whether or not you have authorized such activities or actions. You will immediately notify Travex of any unauthorized use of your Travex Account.
5.5.    You can register as a traveler/tourist, by providing a valid phone number, Your name, valid and functional e-mail address and any other additional information under applicable regulations may prescribe to be necessary to satisfy Know Your Customer norms ("KYC Norms"), or other information as We may deem fit (“Registration Data”).

5.6.    You shall ensure that the Registration Data provided by You must be accurate, complete, current and true. We shall bear no liability for false, incomplete, old or incorrect Registration Data provided by You.

5.7.    You hereby expressly consent to receive communications from Us through Your registered phone number and/or e-mail id. You consent to be contacted by Us via phone calls/SMS notifications. You agree that any communication so received by You from Us will not amount to spam, unsolicited communication or a violation of Your registration on the national do not call registry.

5.8.    You are solely responsible for maintaining the confidentiality of Your Registration Data and will be liable for all activities and transactions that occur through Your Travex Account, whether initiated by You or any third party. The password and other details of the account should not be shared with any third party. Your account is non-transferable and is not capable of being sold to a third party. We shall not be liable for any loss that You may incur as a result of someone else using Your password or account, either with or without Your knowledge.

5.9.    In the event of any change in the said information, You agree to promptly update Your account information to ensure that the communications We intend to send to You are promptly delivered to You and are not sent to any other entity/third party.

5.10.    We reserve the right to suspend or terminate Your Travex Account with immediate effect and for an indefinite period, if We have a reason to believe that the Registration Data or any other data provided by You is incorrect or false, or that the security of Your account has been compromised in any way.

5.11.    In case of any unauthorized use of Your Travex Account please immediately reach Us at the Email:_________________________-.

5.12.    In case, You are unable to access Your Travex Account please inform Us at Email: ________ and make a written request for blocking Your Travex Account. We will not be liable for any unauthorized transactions made through Your Travex Account prior to You making a request in writing for blocking and We shall require atleast 72 (Seventy Two) hours to process your request unless in case of force majeure events which are beyond our reasonable control.

5.13.    Any information provided by You should be: (a) true, accurate, current and complete and (b) You are also required to maintain and promptly update such information. If You provide any information that is untrue, inaccurate, not current or incomplete, or Travex has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Travex has the right to suspend or terminate your account and refuse any and all current or future use of any Services provided by Us (or any portion thereof).

5.14.    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.

6.    Charges & Payments

6.1.    You will make payment in full to Us to avail certain features of the Services in the manner provided in the Website/Mobile App. The rates of which can be found on the Website/Mobile App. The charges shall be updated or amended from time to time and it shall be Your responsibility to remain informed about the current charges for the same.

6.2.    You agree that You will pay either by way of credit/debit card or any other payment method adopted by the Travex. Any payment made is non-refundable.

6.3.    You agree that Travex through its Website or Mobile App would raise system generated invoice in relation to the features of the Services that You have availed. Travex will raise invoice which shall be inclusive of all applicable Taxes.

7.    User Conduct

7.1.    "Your Information" is defined as any information You provide to Us during access to and registration on the Website, posting, in the feedback area (if any), through the discussion forums or in the course of using any other feature of the Website/Mobile App. You agree that You are the lawful owner having all rights, title and interest in Your Information, and further agree that You are solely responsible and accountable for Your Information and that We act as a mere a platform that connects You with the travelers/tourists and vice – a- versa to provide various Services You required from time to time.

7.1.1.    Travex is entitled to at all time verify the information that You have provided. It is Your responsibility to visit the correct portal or dial-in the accurate call center number as Travexshall not be liable for any negligence done by You.

7.1.2.    You shall not share any information connected with the use of the Website or Mobile App with any third-party and You are responsible for restricting access to Your computer, computer system, computer network. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this T&C, We shall have the right to indefinitely refuse to provide You with access to the Website and/or the Mobile App.

7.1.3.    Given the nature of this assignment, Travex work will be based upon the information and representations supplied by the clients. Travex assumes no responsibility for independent investigation or verification of such information and has relied on such information being complete and accurate in all respects. Travex shall not be responsible for any losses, damages, costs or other consequences, if information material to the relevant transaction is withheld or concealed or misrepresented.

7.2.    You agree that You shall not upload, modify, publish, transmit, update, post or share any Information which:

7.2.1.    is fraudulent, misrepresents, misleads Us;

7.2.2.    infringes any intellectual property or other proprietary right or right of publicity or privacy of any third-party;

7.2.3.    consists of material that is an expression of bigotry, racism or hatred based on age, gender, race, religion, caste, class, lifestyle preference, and nationality and/or is in the nature of being derogatory, slanderous to any third-party;

7.2.4.    is obscene, contains pornography or an “indecent representation of women” or contains sexually explicit content, or content that promotes pedophilia;

7.2.5.    harasses or advocates harassment of another person or promotes illegal activities or conduct that is abusive, threatening, defamatory or libelous;

7.2.6.    contains restricted or password-only access pages, or hidden pages or images;

7.2.7.    provides instructional information about illegal activities, violating someone's privacy, or providing or creating a computer virus;

7.2.8.    tries to gain unauthorized access to or exceeds the scope of authorized access to the Website or Mobile App or solicits information used to identify You for commercial or unlawful purposes from other Users;

7.2.9.    technical communication document intended to give assistance to people using a particular system.Throughout this T&C , Travex prior written consent means a communication from Travex legal department, specifically in response to Your request, and specifically addressing the activity or conduct for which You seek authorization;

7.2.10.    interferes with another User’s use and enjoyment of the Website or the Mobile App;

7.2.11.    refers to any Website and or the Mobile App or URL that, in Our sole discretion, contains material that is inappropriate for the Website or any other Website, contains content that would be prohibited or violates the letter or spirit of these T&C ;

7.2.12.    harms minors in any way;

7.2.13.    deceives or misleads the addressee/ Users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

7.2.14.    distributes or contains spam, multiple / chain letters, in any of its forms;

7.2.15.    distributes virus or any other technologies that may harm the Website and/or Mobile App or the interests or property of the Website Users or imposes unreasonable load on the infrastructure or interferes with the proper working of the Website and/or the Mobile App.

7.2.16.    placed in a wrong category or in an incorrect area of the Website and/or the Mobile App;

7.2.17.    posts or pertains to information that is either prohibited or restricted under the law of India;

7.2.18.    contains Mobile App virus or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

7.2.19.     technical communication document intended to give assistance to people using a particular systemthreatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or insults any other nation;

7.2.20.    creates liability for Us or causes Us to lose (in whole or in part) the services of Our Internet Service Provider (“ISPs”) or other suppliers;

7.2.21.    You agree that You will not access the system for the purpose of copying the Mobile App, logic, look and feel, or any features of the system for use in any competitive system;

7.2.22.    You shall not disturb, interfere or disrupt the service, computer hardware or Mobile App providing the service, and/or use or access of the service in any manner for which it has not been designed or authorized.  

7.3.    By accessing the Website, you further agree that:

7.3.1.    You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website and/or the Mobile App or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Website and or the Mobile Appor any content, to obtain or attempt to obtain any information through any means not purposely made available through the Website and or any Mobile App. We reserve Our right to bar any such activity.

7.3.2.    You shall not attempt to gain unauthorized access to any portion or feature of the Website and or the Mobile App, or any other systems or networks connected to the Website or the Mobile Appto any server, computer, network, or to any of the services offered on or through the Website and/or the Mobile App, by hacking, password “mining” or any other illegitimate means.

7.3.3.    You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website or the Mobile App, nor breach the security or authentication measures on the Website or the Mobile Appor any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website or the Mobile App, to its source, or exploit the Website or the Mobile Appor any service or information made available or offered by or through the Website or the Mobile App, in any way where the purpose is to reveal any information, including but not limited to information identifying another or information, other than Your own information, as provided for by the Website or the Mobile App.

7.3.4.    You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us or otherwise engage in any conduct or action that might tarnish the image or reputation, of Travex, or members on the platform or otherwise tarnish or dilute any service marks, trade name and/or goodwill associated with such service marks, trade name owned or used by Us. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website and or the Mobile Appor its systems or networks, or any systems or networks connected to the Website or the Mobile App.

7.3.5.    You agree not to use any device, Mobile App or routine to interfere or attempt to interfere with the proper working of the Website and or the Mobile Appor with any other person’s use of the Website or the Mobile App.

7.3.6.    You shall not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Us, on or through the Website and or the Mobile App or any service offered on or through the Website. You may not pretend that, You are or that You represent, someone else, or impersonate any other individual or entity.

7.3.7.    You shall not use the Website and or the Mobile App or any content for any purpose that is unlawful or prohibited by these T&C &Conditions , or to solicit the performance of any illegal activity or other activity which infringes the rights of Travex, and/ or other members.

7.3.8.    You shall at all times ensure full compliance with the applicable and rules there under as applicable and as amended from time to time and also all applicable domestic laws, rules and regulations statutes, ordinances and regulations regarding Your use of Our service.

7.3.9.    You shall not engage in advertising to, or solicitation of, other Users of the Website including, but not limited to, services being displayed on the Website or access through this Website/Mobile App. In order to protect Our Users from such advertising or solicitation, We reserve the right to restrict the number of messages or emails which a User may send to other Users in any 24-hour period which We deem appropriate in Our sole discretion. You understand that We have the right at all times to disclose any information (including the identity of the persons providing information on the Website) as necessary to satisfy any law, regulation or valid Governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, We can (and You hereby expressly authorize Us to) disclose any information about You to any law enforcement or other Government officials, as we, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes.

7.3.10.    We reserve the right, but have no obligation, to monitor the materials posted on the Website and or the Mobile App. We shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these T&C. Notwithstanding this right, You remain solely responsible for the content of the materials you post on the Website and in Your private messages. In no event shall Travex, assume or have any responsibility or liability for any content posted or for any claims, damages or losses resulting from use of content and/or appearance of content on the Website  and or the Mobile App.

7.3.11.    It is possible that other Users (including unauthorized Users or “hackers”) may post or transmit offensive or obscene materials on the Website and or the Mobile App and that You may be involuntarily exposed to. It also is possible for others to obtain information about You due to Your use of the Website and or the Mobile App, and that the recipient may use such information to harass or injure You. We do not approve of such unauthorized use, but by using the Website and or the Mobile AppYou acknowledge and agree that We are not responsible for the use of any information that You publicly disclose or share with others on the Website and or the Mobile App. Please carefully select the type of information that You publicly disclose or share with others on the Website and or the Mobile App.

7.3.12.    You will compensate and defend Us fully against any claims or legal proceedings brought against Us by Travelers/ Tourists or any other person as a result of Your breach of these T&C &Conditions.

8.    No Endorsement

By using the Website, Mobile App or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other members or other third parties will be limited to a claim against the particular members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from Travex with respect to such actions or omissions.

9.    Reporting Misconduct

If anyone who you feel is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behaviour, or (ii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Travex by contacting us with your police station and report number; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.

10.    Intellectual Property Ownership and Rights Notices

The Website, Mobile App and Services are protected by copyright, trademark, and other laws of the country. You acknowledge and agree that the Website, Mobile App and Services, including all associated intellectual property rights, are the exclusive property of Travex and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website, Mobile App and Services. All trademarks, service marks, logos, trade names, and any other proprietary designations of Travex used on or in connection with the Website, Mobile App and Services are trademarks or registered trademarks of Travex in UAE and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Website, Mobile App and Services are used for identification purposes only and may be the property of their respective owners. As a member, you understand and agree that you are bound by the additional terms, Guidelines and Policies that apply to your use of the Website, Mobile App and Services, including Travex's trademark & branding guidelines (as may be updated from time to time).

11.    Additional Terms

Our Website, Mobile App and Services have different products, features and offerings, so sometimes additional terms or product requirements may apply to your use of those products, features or offerings. If additional terms are available for the relevant product or Services you use, those additional terms become part of these T&C.

12.    Application License

Subject to your compliance with these T&C, Travex grants you a limited non-exclusive, non-transferable license to download and install a copy of the applications on each mobile device or computer that you own or control and run such copy of the applications solely for your own personal use.

13.    Travex Content and Member Content License

13.1.    "Content" means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.

13.2.    "Member Content" means all Content that any person who posts, uploads, publishes, submits, transmits, through the Website or Mobile App.

13.3.    "Travex Content" means all Content that Travex makes available through the Website, Mobile App and Services, or its related promotional campaigns and official social media channels, including any Content licensed from a third party, but excluding Member Content.

13.4.    Subject to your compliance with these T&C, Travex grants you a limited, non-exclusive, non-transferable license, to (i) access and view any Travex Content solely for your personal and non-commercial purposes and (ii) access and view any other Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.

13.5.    You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Website, Mobile App and Services, except as expressly permitted in these T&C. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Travex or its licensors, except for the licenses and rights expressly granted in these Terms.

13.6.    We may, in our sole discretion, permit you to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Website, Mobile App and Services, or through Travex promotional campaigns, you hereby grant to Travex a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, by means of or to promote or market the Website, Mobile App and Services. Travex does not claim any ownership rights in any such Member Content and nothing in these T&C will be deemed to restrict any rights that you may have to use and exploit any such Member Content.

13.7.    You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Website, Mobile App and Services or through Travex promotional campaigns. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Website, Mobile App and Services or through Travex promotional campaigns or you have all rights, licenses, consents and releases that are necessary to grant to Travex the rights in such Member Content, as contemplated under these T&C; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Travex's use of the Member Content (or any portion thereof) on, through or by means of the Website, Mobile App and Services or Travex promotional campaigns will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

13.8.    We reserve the right to remove any Content where We have grounds for suspecting the violation of these T&C.


14.    Hyperlinks

The Website, Mobile App and Services may contain links to third-party websites or resources. You acknowledge and agree that Travex is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Travex of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.

15.    Feedback

15.1.    We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Website, Mobile App and Services ("Feedback"). You may submit Feedback by emailing us, through the "Contact" section of the Website or Mobile App, or by other means of communication.

15.2.    You acknowledge and agree that all Feedback you give us will be the sole and exclusive property of Travex and you hereby irrevocably assign to Travex and agree to irrevocably assign to Travex all of your right, title, and interest in and to all  Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such Feedback. At Travex's request and expense, you will execute documents and take such further acts as Travex may reasonably request to assist Travex to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.

16.    Disclaimer of warranties and limitation of liability

16.1.    This Website, Mobile App, all the Services, included on or otherwise made available to You through this Website are provided on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, Travex does not warrant that:

16.1.1.    This Website and or Mobile App will be constantly available, or available at all; or

16.1.2.    The information on this Website and/ or the Mobile App is complete, true, accurate or not misleading;

16.1.3.    User expressly understands and agrees that Travex shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to use, data, or other intangible losses (even if Travex has been advised of the possibility of such damages), resulting from (i) the use or inability to use the Website (ii) the cost of procuring data, information through or from the Website; (iii) unauthorized access to or alterations of Your transmission or data (iv) statements of conduct of any third-party as the result of any use of the Website (v) and all other matter relating to the Website. Accordingly, to the extent legally permitted, We exclude all implied warranties, of merchantability, fitness or quality of the Website.

16.2.    You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Website, Mobile App, all the Services and any contact you have with other users of Travex whether in person or online remains with you. Neither Travex nor any other party involved in creating, producing, or delivering the Website, Mobile App, all the Services including Travex will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with theseT&C, from the use of or inability to use the Website, Mobile App, all the Services, from any communications, interactions or meetings with other users of the Website, Mobile App, all the Services or other persons with whom you communicate or interact as a result of your use of the Website, Mobile App, all the Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Travex has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.

16.3.    In no event will Travex's aggregate liability arising out of or in connection with these T&C and your use of the Website, Mobile App, all the Services, or from the use of or inability to use the Website, Mobile App, all the Services, exceed the amounts you have paid via the Website, or the Mobile App in the three (3) month period prior to the event giving rise to the liability. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Travex and You.

16.4.    Without prejudice to the foregoing, and insofar as allowed under mandatory applicable law, Travex aggregate maximum liability shall in no event exceed an amount of Dirhams ____(________).

16.5.    The Services availed from the Website and/ or the Mobile Appis at User’s own discretion and risk and the User will be solely responsible for any damage to their computer system or loss of data that results from the download of such information.

16.6.    The Website’s employees may provide Users with Information in the manner provided in the Website. This information is based on the subjective opinion of the individual providing it. While We will make efforts to assure that Our employees, agents, associates and/or consultants are knowledgeable about Information provided on the Website and/or Mobile App, yet We do not guarantee the accuracy, expertise, experience, background or knowledge level of such person providing such Information.

16.7.    No Information, whether oral or written, obtained by the User from the Website and/or Mobile App shall create any warranty not expressly stated in this T&C &Conditions.

17.    Indemnity

17.1.    The User agrees to indemnify and hold Travex, its officers, subsidiaries, affiliates, successors, assigns, directors, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fee and court costs, made by any third-party due to or arising out of the information submitted by the User, use of service by the User, violation of the T&C , breach by the User of any of the representations and warranties herein, or User’s violation of any rights of another (including infringement of Intellectual Property Rights) or User’s violation of any law, rules or regulations.

18.    Confidential Information

18.1.    Travex agrees to keep confidential all information received from You during the execution of this engagement. However, such confidential information shall not include information (including, but not limited to ideas, concepts, know-how, techniques and methodologies) previously known to Travex and within the public domain or independently developed by Travex in the course of execution of this engagement or acquired by Travex from a third party which is not, to Travex knowledge, under an obligation to You not to disclose such information or which is or becomes publicly available through no breach by Travex.

18.2.    In the event Travex receives a validly issued administrative or judicial process requiring disclosure of any confidential information, Travex shall be entitled to disclose such information in order to comply with such administrative or judicial process.

19.    Term and Termination, Suspension and Other Measures

19.1.    Term: This T&C shall be effective for till the time You access or use the Website, Mobile App, all the Services or by downloading or posting any content from or on the Website, Mobile App, all the Services Until such time when You or Travex terminate the T&C as described below.

19.2.    Termination for convenience

19.2.1.    You may terminate this T&C at any time via the "Cancel Account" feature on the Website or Mobile App or by sending us an email. If you cancel your Travex Account, Your Travex account will be automatically cancelled without any refund.

19.2.2.    Without limiting our rights specified below, Travex may terminate this Agreement for convenience at any time by giving you 30 days' notice via email to your registered email address.

19.3.    Termination for breach, suspension and other measures

19.3.1.    Travex may immediately, without notice terminate our engagement if (i) you have materially breached these T&C or our Policies, including but not limited to any breach of Your warranties outlined in these T&C or breach of the "User Conduct" provisions in these T&C, (ii) you have provided inaccurate, fraudulent, outdated or incomplete information during the Travex Account registration, or thereafter, (iii) you have violated applicable laws, regulations or third party rights, or (iv) Travex believes in good faith that such action is reasonably necessary to protect the safety or property of other members, Travex or third parties, for fraud prevention, risk assessment, security or investigation purposes.

19.3.2.    In addition Travex may deactivate or delay reviews, or other Member Content, cancel any pending activation, limit your use of or access to your Travex Account and the Website, Mobile App, all the Services, temporarily or permanently revoke any special status associated with your Travex Account, or temporarily or permanently suspend your Travex Account if (i) you have breached these T&C or our Policies, including material and nonmaterial breaches, or (ii) Travex believes in good faith that such action is reasonably necessary to protect the safety or property of other members, Travex or third parties, for fraud prevention, risk assessment, security or investigation purposes.

19.3.3.    In case of non-material breaches and where appropriate, you will be given notice of any measure by Travex and an opportunity to resolve the issue to Travex's reasonable satisfaction.

19.4.    Consequences of Termination

19.4.1.    If we take any of the measures described above we may (i) communicate to You that a pending or confirmed activation has been cancelled and You will not be entitled to any compensation for confirmed activations that were cancelled.

19.4.2.    If You or We terminate our engagement, we do not have an obligation to delete or return to you any of your Member Content, including but not limited to any reviews or Feedback. When our engagement has been terminated, you are not entitled to a restoration of your Travex Account or any of your Member Content. If your access to or use of the Website, Mobile App, all the Services has been limited or your Travex Account has been suspended or this Agreement has been terminated by us, you may not register a new Travex Account or attempt to access and use the Website, Mobile App, all the Services through other Travex Accounts.

19.5.    Survival

If You or We terminate our engagement, the clauses of these T&C that reasonably should survive termination of our engagement will remain in effect.

20.    Notices

Any notices or other communications permitted or required hereunder, including those regarding modifications to these T&C, will be in writing and given by Travex (i) via email (in each case to the address that you provide) or (ii) by posting to the Website or via the Mobile Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

21.    Governing Law & Jurisdiction

21.1.    These T&C and your use of the Services will be interpreted in accordance with the laws of UAE. You and we agree to submit any dispute arising under these T&C to the personal jurisdiction of a court located in Dubai for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

21.2.    Any dispute, controversy, or claim arising out of or relating to this T&C &Conditions  or the validity, interpretation, breach or termination thereof (“Dispute”), including claims seeking redress or asserting rights under the applicable law shall be amicably settled through mutual consultation and escalation.

21.3.    If the Dispute is not settled amicably as aforesaid within a period of 14  (Fourteen) calendar days, the matter would be referred to arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996. Arbitration shall be presided over by a sole arbitrator appointed by CBA. The arbitration proceedings shall be conducted in the english language. The seat and venue for the arbitration proceedings shall be Dubai.

22.    Contact Us

22.1.    The email contact details of the grievance officer are provided below:


Email:    info@travex.org
 

22.2.    Your communication with Us will be of a professional nature only. You will not contact Us to harass, intimidate or threaten any person, or to promote any cause, which You may support.

23.    Waiver

23.1.    Our failure, delay or omission to exercise or enforce any rights or provisions of these T&C will not constitute a waiver of such rights or provisions. A waiver on any one occasion will not be construed as a bar or waiver of any rights or remedies on future occasions. Any claim in relation to Services or T&C should be filed within 3 (Three) months from when the cause of action arose. Any claims filed beyond this time period shall be barred.

24.    Force Majure

24.1.    Neither party hereto shall be responsible for delays or failures in performance resulting from acts beyond its reasonable control and without its fault or negligence. Such excusable delays or failures may be caused by, among other things, strikes, lock-out, riots, rebellions, accidental explosions, floods, storms, acts of God and similar occurrences.

25.    Severability

25.1.    If any part of these T&C is determined to be invalid or unenforceable pursuant to the Applicable Laws then the invalid or unenforceable provisions will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these T&C will continue in effect.

26.    Miscellaneous

26.1.    Travex shall have no liability of any nature, whether in contract, or otherwise, for any losses whatsoever and howsoever caused, from or in any manner connected with any of the Services provided by Us.

26.2.    Travex reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) provided by Us with or without notice. You agree that Travex shall not be liable to You or to any third party for any modification, suspension or discontinuance of such Services. It is Your responsibility to review these T&C periodically for updates/changes.

26.3.    You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the information provided by us, including any intellectual property rights of Travex or any person firm or corporation having posted information for availability through the Services provided by us.

26.4.    You agree that in the event Your post or Your information violates any provision of this T&C, We shall have the right to refuse to provide You or any person acting on Your behalf, access to the Website and Mobile App, terminate and/ or suspend Your access if applicable in the future.