Use of the BMYT Platform/BMYT Services

Please read the following terms and conditions carefully before registering on, accessing, browsing, downloading or using the BMYT website located at boardmytrip.com, and all associated sites linked to boardmytrip.com, or the BMYT mobile application or any similar platform (hereinafter collectively, the BMYT Platform run by BOARD MYTRIP OPC PRIVATE LIMITED. PATEL FALIYA, JUNA DUNGRA,KAMREJ, SURAT-394180 (hereinafter collectively, BMYT ) on any device and/or before availing any services offered by BMYT on the BMYT Platform which may include services such as recharge or bill payment, digital products, semi-closed wallet service and marketplace service or any other service that may be offered by BMYT on the BMYT Platform (hereinafter individually, and collectively, the BMYT Services). For the avoidance of doubt, it is clarified that these terms and conditions shall apply to all BMYT Services, whether offered by BOARD MYTRIP OPC PRIVATE LIMITED or its affiliates.

Acceptance

By registering on, accessing, browsing, downloading or using the BMYT Platform for any general purpose or for the specific purpose of availing any BMYT Service, You agree to be bound by the single-sign-on ID (hereinafter IBO) terms and conditions set forth below as well as by the service-specific terms and conditions applicable to each BMYT Service (hereinafter collectively, the T&Cs). These T&Cs shall also include any additional or modified terms and conditions in relation to the IBO or any additional or modified service-specific terms and conditions in relation to any BMYT Service or any future service that may be offered by BMYT on the BMYT Platform. By registering on, accessing, browsing, downloading or using (as applicable) the BMYT Platform or availing any BMYT Service or the IBO, You automatically and immediately agree to all the T&Cs. If at any time You do not accept or agree with any of the T&Cs or do not wish to be bound by the T&Cs, You may not access, browse or use the BMYT Platform and immediately terminate Your availing the BMYT Services. Accepting or agreeing to the T&Cs will constitute a legal contract (hereinafter Agreement) between You, being at least 18 years of age and an individual user of the BMYT Platform or a customer or beneficiary of the BMYT Services, and BMYT. All services are rendered by BMYT through the BMYT Platform under the brand name “BMYT” (or any derivatives or variations thereof). Consequently, all the rights, benefits, liabilities and obligations under the T&Cs shall, as the case may be, accrue to the benefit of, or incurred by, BMYT, regarding Your use of BMYT’s digital services (which includes but may not be limited to prepaid recharge, bill payment), the semi closed wallet service, the marketplace service or any such other services which may be added on the BMYT Platform and which will henceforth be a BMYT Service, from time to time. The BMYT Services shall be used by You subject to Your adherence with the T&Cs. As long as You accept and comply with these T&Cs, BMYT grants You a personal, non-exclusive, non-transferable, limited, revocable privilege to enter and use the BMYT Platform and/or avail the BMYT Services.

Eligibility

The BMYT Services are not available to persons under the age of 18 or to anyone previously suspended or removed by BMYT from availing the BMYT Services or accessing the BMYT Platform. By accepting the T&Cs or by otherwise using the BMYT Services on the BMYT Platform, You represent that You are at least 18 years of age and have not been previously suspended or removed by BMYT, or disqualified for any other reason, from availing the BMYT Services or using the BMYT Platform. In addition, You represent and warrant that You have the right, authority and capacity to enter into this Agreement and to abide by all the T&Cs as part of this Agreement. Finally, You shall not impersonate any person or entity, or falsely state or otherwise misrepresent Your identity, age or affiliation with any person or entity. Finally, in the event of any violation of the T&Cs, BMYT reserves the right to suspend or permanently prevent You from availing BMYT Services or using the BMYT Platform.

Other Terms and Conditions

Additional terms and conditions may apply in order for You to avail specific BMYT Services and to specific portions or features of the BMYT Platform, including contests, promotions or other similar features, all of which terms are made a part of these T&Cs by this reference. You agree to abide by such other terms and conditions, including where applicable representing that You are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these T&Cs and the terms posted for or applicable to a specific portion of the BMYT Platform or for any BMYT Service offered on or through the BMYT Platform, the latter terms shall control with respect to Your use of that portion of the BMYT Platform or the specific BMYT Service. BMYT may make changes to any BMYT Services offered on the BMYT Platform, or to the applicable terms for any such BMYT Services, at any time, without notice. The materials on the BMYT Platform with respect to the BMYT Services may be out of date, and BMYT makes no commitment to update the materials on the BMYT Platform with respect to such BMYT Services. The following terms also govern and apply to Your use of the BMYT Platform, and they are incorporated herein by this reference:

IBO Service, Participating Platforms

BMYT’s IBO service offers You the convenience, after a one-time registration any BMYT Platform, to sign on (log in) to all web pages and online platforms operated by BMYT or its affiliates (hereinafter the Participating Platforms) with single log-in access / data, without going through a separate registration process every time. After successfully registering for the IBO Service, the user can log-in via each Participating Platform with his IBO access credentials. Moreover, if already logged in to one of the Participating Platforms, the user can immediately use all other Participating Platforms without additional log-in procedures (subject to the respective Participating Platform requiring further declarations). The Participating Platforms that offer the IBO as a login feature, are visible on registration and in the user account. The number of Participating Platforms may also vary in the course of time. With regard to the contractual relationships of the users with the respective Participating Platforms, for the purposes of which BMYT’s IBO service is or can be used in accordance with these T&Cs, these can alternatively have their own commercial and user terms and conditions. These business or user terms and conditions are available on the respective Participating Platforms. For the respective contents of the Participating Platforms, the respective affiliate of BMYT is solely responsible only for those content that it actually operates. For the IBO service, these T&Cs apply exclusively, whereas for the use of the Participating Platforms, their business and user terms and conditions apply along with these T&Cs. The IBO shall be owned and operated by BOARDMYTRIP for use on all Participating Platforms. For the use of BMYT’s IBO service, the user must register. Registration as a user is only allowed if the user meets the eligibility criteria as set out in these T&Cs. Each user can set up only one user account. The user is obliged to provide correct and complete information during the registration and use of the IBO service. The login data is intended solely for personal use by the user and therefore always to be kept secret and safe. The user is not entitled to share his login details with third parties to use the IBO service or to disclose them otherwise. The user is obliged to inform BMYT immediately on becoming aware of and/or suspecting a case of any unauthorized use, disclosure and/or misuse of their access data or of their user account. Furthermore, the user is obliged not to use the user account of another person. Submission of the duly completed registration form by the user simply provides invitation to us to make an offer to enter into the agreement on the use of our IBO service (hereinafter the IBO Agreement). Our offer for the conclusion of the IBO Agreement is then effected by the fact that BMYT sends the user a confirmation by e mail, in which a confirmation link is included next to the user name and the password for the IBO Service. By the user clicking on this confirmation link, the user accepts BMYT’s offer, so that in this way the IBO Agreement enters into force. Conclusion of the IBO Agreement may, also be effected through other communication modes and following such processes which help achieve the same purpose as the aforementioned e-mail confirmation process. BMYT is entitled to reject individual users without giving reasons. The user guarantees that the data submitted for their user account (and any other information that is otherwise left for BMYT) are in all respects complete, true, accurate and not misleading. Any changes to user’s data should be promptly updated correctly in its account.

Communication Policy

By accepting the T&Cs, You accept the following:

  • BMYT may send alerts to the mobile phone number provided by You while registering with the BMYT Platform for the IBO service or on any updated mobile number subsequently provided by You on the BMYT Platform, or via e-mail or push notifications. The alerts will be received in case of SMS, only if the mobile phone is in ‘On’ mode to receive the SMS, in case of e-mail, only if the e-mail servers and e-mail ids are functional, and in case of push notifications, if the user has enabled the receipt of such notifications. If the mobile phone is in ‘Off’ mode or if the e-mail servers or ids are not functional or if the push-notifications feature has been turned off, then You may not get the alert at all or get delayed messages.
  • BMYT will make best efforts to provide alerts via SMS/e-mail/push notifications and it shall be deemed that You shall have received the information sent from BMYT as an alert on the mobile phone number or e-mail id provided during the course of, or in relation to, using the BMYT Platform or availing any BMYT Services. BMYT shall not be under any obligation to confirm the authenticity of the person(s) receiving the alert. You cannot hold BMYT liable for non-availability of the SMS/email alert/push notifications service in any manner whatsoever.
  • The SMS/e-mail alert/push notification service provided by BMYT is an additional facility provided for Your convenience and that it may be susceptible to error, omission and/or inaccuracy. In the event that You observe any error in the information provided in the alert, BMYT shall be immediately informed about the same by You and BMYT will make best possible efforts to rectify the error as early as possible. You shall not hold BMYT liable for any loss, damages, claim, expense including legal cost that may be incurred/suffered by You on account of the SMS/e-mail alert/push notification facility.
  • The clarity, readability, accuracy and promptness of providing the SMS/e-mail alert/push notification service depend on many factors including the infrastructure and connectivity of the service provider. BMYT shall not be responsible for any non-delivery, delayed delivery or distortion of the alert in any way whatsoever.
  • You will indemnify and hold harmless BMYT and the SMS/e-mail service provider including its officials from any damages, claims, demands, proceedings, losses, costs, charges and expenses whatsoever including legal charges and attorney’s fees which BMYT or the SMS/e-mail service provider may at any time incur, sustain, suffer or be subjected to as a consequence of, or arising out of, any of the following:
    1. Misuse by You or improper or fraudulent information provided by You;
    2. Incorrect number or a number that belongs to an unrelated third party provided by You; and/or
    3. The customer receiving any message relating to the reservation number, travel itinerary information, booking confirmation, modification to a ticket, cancellation of ticket, change in bus schedule, delay, and/or rescheduling from BMYT and/or the SMS/e-mail service provider.

Use of BMYT Platform

You understand that except for information, products or services clearly indicated as being supplied by BMYT, we do not operate, control, or endorse any information, products or services on the Internet in anyway. You also understand that BMYT cannot and does not guarantee or warrant that files available for download through the BMYT Platform will be free of viruses, worms or other code that may be damaging. You are responsible for implementing procedures to satisfy Your particular requirements of Internet security and for accuracy of data input and output.

Prohibited Conduct

By accessing or using the BMYT Platform or by availing BMYT Services, You agree not to:

  • Violate the T&Cs;
  • Impersonate any person or entity, falsely claim or otherwise misrepresent Your affiliation with any person or entity, or access the accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via the BMYT Services, perform any other similar fraudulent activity or otherwise avail BMYT Services with what we reasonably believe to be potentially fraudulent funds;
  • Infringe our or any third party’s intellectual property rights, rights of publicity or privacy;
  • Use the BMYT Services if You are under the age of 18 years without a parental sponsor or, in any event, use the BMYT Services if You are under the age of 13 years old even with a parental sponsor and in accordance with applicable law;
  • Post or transmit any message which is libellous, defamatory or which discloses private or personal matters concerning any person;
  • Post or transmit any message, data, image or program which is pornographic, vulgar or offensive in nature;
  • Refuse to cooperate in an investigation or provide confirmation of Your identity or any other information provide by You to BMYT;
  • Remove, circumvent, disable, damage or otherwise interfere with security-related features of the BMYT Services and the BMYT Platform or features that enforce limitations on the use of the BMYT Services or the BMYT Platform;
  • Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of as regards BMYT Services or BMYT Platform or any part thereof, except and only to the extent this is expressly permissible by applicable law;
  • Use the BMYT Services or the BMYT Platform in any manner that could damage, disable, overburden, or impair it, including, without limitation, using the BMYT Services or the BMYT Platform in an automated manner;
  • Modify, adapt, translate or create derivative works based upon the BMYT Services and the BMYT Platform or any part thereof, except and only to the extent that that this is permissible by applicable law;
  • Intentionally interfere with or damage operation of the BMYT Services or the BMYT Platform or any other user’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code or file with contaminating or destructive features;
  • Use any robot, spider, other automatic device, or manual process to monitor or copy the BMYT Platform without prior written permission;
  • Interfere or disrupt the BMYT Platform or networks connected to the BMYT Platform;
  • Take any action that imposes an unreasonably or disproportionately large load on BMYT’s infrastructure/network;
  • Use any device, software or routine to bypass the BMYT Platform’s robot exclusion headers, or interfere or attempt to interfere, with the BMYT Services;
  • Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through the BMYT Platform or to manipulate Your presence on the BMYT Platform;
  • Sell the BMYT Services, information, or software associated with or derived from it;
  • Use the facilities and capabilities of the BMYT Platform to conduct any activity or solicit the performance of any illegal activity or other activity which infringes the rights of others;
  • Breach this Agreement, the IBO Agreement or any other agreement or policy as may be applicable pursuant to the T&Cs;
  • Provide false, inaccurate or misleading information;
  • Use the BMYT Platform to collect or obtain personal information, including without limitation, financial information, about other users of the BMYT Platform, except and only as expressly provided in the T&Cs;
  • Avail BMYT Services with what BMYT reasonably believes to be potentially fraudulent funds;
  • Use the BMYT Services in a manner that results in or may result in complaints, disputes, reversals, chargebacks, fees, fines, penalties and other liability to BMYT, a third party or You;
  • Use the BMYT Services in a manner that BMYT or any payment card network reasonably believe to be an abuse of the payment card system or a violation of payment card network rules;
  • Take any action that may cause BMYT to lose any of the BMYT Services from its service providers or lose any of its recharge partners or business partners, including mobile operators or telecom companies, payment processors or other suppliers;
  • Send automated request of any kind to the BMYT Platform without express permission in advance from BMYT.

Termination; Agreement Violations

You agree that BMYT, in its sole discretion, for any or no reason, and without penalty, may suspend or terminate Your account (or any part thereof) or Your use of the BMYT Services/BMYT Platform and remove and discard on the BMYT Platform all or any part of Your account, Your user profile, or Your recipient profile, including Your IBO, at any time. BMYT may also in its sole discretion and at any time discontinue providing access to the BMYT Services, or any part thereof, with or without notice. You agree that any termination of Your access to the BMYT Services/BMYT Platform or any account You may have or portion thereof may be effected without prior notice, and You agree that BMYT will not be liable to You or any third party for any such termination or interruption. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies BMYT may have at law or in equity. Upon termination for any reason, You agree to immediately stop using the BMYT Services/BMYT Platform.

Limitation of Liability and Damages

In no event, BMYT or its contractors, agents, licensors, partners or suppliers will be liable to You for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to: (i) this Agreement; (ii) the IBO Agreement; (iii) the BMYT Services, the BMYT Platform or any reference site/app/platform/service; or (iv) Your use or inability to use the BMYT Services, the BMYT Platform (including any and all materials) or any reference sites/app/platform/service, even if BMYT or a BMYT authorized representative has been advised of the possibility of such damages. In no event, BMYT, directors, employees, agents will be liable to You for any damages, liabilities, losses, and causes of action arising out of or relating to: (i) this Agreement; (ii) the IBO Agreement; (iii) the BMYT Services, the BMYT Platform or any reference site/app/platform/service; or (iv) Your use or inability to use the BMYT services, the BMYT Platform (including any and all materials) or any reference sites/app/platform/service; or (v) any other interactions with BMYT, however caused and whether arising in contract, tort including negligence, warranty or otherwise, beyond or in excess of the amount paid by You, if any, for using the portion of the BMYT Service or the BMYT Platform giving rise to the cause of action, or beyond or in excess Rs. 5,000, whichever is less. You acknowledge and agree that BMYT has offered its products and services, set its prices, and entered into this Agreement in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between You and BMYT, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between You and BMYT. BMYT would not be able to provide the services to You on an economically reasonable basis without these limitations. Applicable law may not completely allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitations or exclusions will apply to You subject to applicable law. In such cases, BMYT’s liability will be limited to the fullest extent permitted by applicable law. This paragraph shall survive the termination of this Agreement.

Indemnification

You agree to indemnify, save, and hold BMYT, its affiliates, employees, officers, directors and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to: (i) Your use or misuse of the BMYT Services or of the BMYT Platform; (ii) any violation by You of this Agreement or the IBO Agreement; or (iii) any breach of the representations, warranties, and covenants made by You herein. BMYT reserves the right, at Your expense, to assume the exclusive defence and control of any matter for which You are required to indemnify BMYT, including rights to settle, and You agree to cooperate with BMYT’s defence and settlement of these claims. BMYT will use reasonable efforts to notify You of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This paragraph shall survive termination of this Agreement.

Disclaimer; No Warranties

To the fullest extent permissible pursuant to applicable law, BMYT and its third-party partners disclaim all warranties or guarantees – whether statutory, express or implied – including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. No advice or information, whether oral or written, obtained by You from BMYT or through the BMYT Services or the BMYT Platform will create any warranty or guarantee other than those expressly stated herein. For the purposes of this Disclaimer, You expressly acknowledge that as used in this section, the term “BMYT” includes BMYT’s officers, directors, employees. You acknowledge that BMYT is a reseller of mobile recharges and is not liable for any third party (telecom companies, mobile operators or suppliers) obligations due to rates, quality and all other instances, whether to any such telecom companies’ subscribers or otherwise. You expressly agree that use of the BMYT Services on the BMYT Platform is at Your sole risk. It is Your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the site or on the Internet generally. BMYT does not warrant that the BMYT Services will be uninterrupted or error-free or that defects in the site will be corrected. The BMYT Services and the BMYT Platform and any data, information, third party software, reference sites, services, or software made available in conjunction with or through the services and the site are provided on an “as is” and “as available,” “with all faults” basis and without warranties or representations of any kind either express or implied. BMYT, and its partners do not warrant that the data, BMYT software, functions, or any other information offered on or through the BMYT Services/BMYT Platform or any reference sites/platforms/apps/services will be uninterrupted, or free of errors, viruses or other harmful components and do not warrant that any of the foregoing will be corrected. BMYT and its licensors, and partners do not warrant or make any representations regarding the use or the results of the use of the BMYT Services/BMYT Platform or any reference sites/platforms/apps/services in terms of correctness, accuracy, reliability, or otherwise. You understand and agree that You use, access, download, or otherwise obtain information, materials, or data through the BMYT Services/BMYT Platform or any reference sites/platforms/apps/services at Your own discretion and risk and that You will be solely responsible for any damage to Your property (including Your computer system and mobile device or any other equipment) or loss of data that results from the download or use of such material or data. We do not authorize anyone to make any warranty on our behalf and You should not rely on any such statement. This paragraph shall survive termination of this Agreement. In no event will BMYT be liable for any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the BMYT Platform.

Ownership; Proprietary Rights

The BMYT Services and the BMYT Platform are owned and operated by BMYT. The visual interfaces, graphics, design, compilation, information, computer code (including source code and object code), products, software, services, and all other elements of the BMYT Services and the BMYT Platform provided by BMYT (hereafter Materials) are protected by Indian copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. As between You and BMYT, all Materials, trademarks, service marks, and trade names contained on the BMYT Platform are the property of BMYT. You agree not to remove, obscure, or alter BMYT or any third party’s copyright, patent, trademark, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the BMYT Services/BMYT Platform. Except as expressly authorized by BMYT, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. BMYT reserves all rights not expressly granted in this Agreement. If You have comments regarding the BMYT Services and/or the BMYT Platform or ideas on how to improve it, please contact customer service. Please note that by doing so, You hereby irrevocably assign to BMYT, and shall assign to BMYT, all rights, title and interests in and to all ideas and suggestions and any and all worldwide intellectual property rights associated therewith. You agree to perform such acts and execute such documents as may be reasonably necessary to perfect the foregoing rights.

Modification of this Agreement

BMYT reserves the right to change, modify, add, or remove portions of this Agreement (each, a change and collectively, changes) at any time by posting notification on the BMYT Platform or otherwise communicating the notification to You. The changes will become effective, and shall be deemed accepted by You, 24 hours after the initial posting and shall apply immediately on a going-forward basis with respect to Your use of the BMYT Platform, availing the BMYT Services or for payment transactions initiated after the posting date. If You do not agree with any such change, Your sole and exclusive remedy is to terminate Your use of the BMYT Services/BMYT Platform. For certain changes, BMYT may be required under applicable law to give You advance notice, and BMYT will comply with such requirements. Your continued use of the BMYT Platform following the posting of changes will mean that You accept and agree to the changes.

Notice

BMYT may provide You with notices and communications by e-mail, SMS, push notifications, regular mail or postings on the BMYT Platform or by any other reasonable means. Except as otherwise set forth herein, notice to BMYT must be sent by courier or registered mail to BOARDMYTRIP Communications Ltd., B-121, Sector-5, Noida, Uttar Pradesh 201301, India.

Waiver

The failure of BMYT to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by BMYT.

Dispute Resolution

If any dispute, controversy or claim arises under this Agreement or in relation to any BMYT Service or the BMYT Platform, including any question regarding the existence, validity or termination of this Agreement or T&Cs (hereinafter Dispute), the parties shall use all reasonable endeavours to resolve such Dispute amicably. If the parties are unable to resolve the Dispute amicably within 30 days of the notice of such Dispute, BMYT may elect to resolve any Dispute by a binding arbitration in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996 (hereinafter Act). Such Dispute shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The Dispute shall be resolved by a sole arbitrator, appointed in accordance with the Act. The seat of the arbitration shall be New Delhi and the language of this arbitration shall be English. Either You or BMYT may seek any interim or preliminary relief from a court of competent jurisdiction in New Delhi necessary to protect the rights or the property belonging to You or BMYT (or any of our agents, suppliers, and subcontractors), pending the completion of arbitration. Any arbitration shall be confidential, and neither You nor BMYT may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcing the arbitration award. All administrative fees and expenses of arbitration will be divided equally between You and BMYT. In all arbitrations, each party will bear the expense of its own lawyers and preparation. This paragraph shall survive termination of this Agreement.

Governing Law and Forum for Disputes

Subject to the Dispute Resolution section above, You agree that any claim or dispute You may have against BMYT must be resolved by a court having jurisdiction in New Delhi, India. You agree to submit to the personal jurisdiction of the courts located within New Delhi, India, for the purpose of litigating all such claims or disputes. This Agreement shall be governed by Indian law. This paragraph shall survive termination of this Agreement.

Severability

If any provision of this Agreement is held to be unlawful, void, invalid or otherwise unenforceable, then that provision will be limited or eliminated from this Agreement to the minimum extent required, and the remaining provisions will remain valid and enforceable.

Survival

Upon termination of this Agreement, any provision which, by its nature or express terms should survive, will survive such termination or expiration as applied to transfers and relationship prior to such termination or expiration.

Headings

The heading references herein are for convenience purposes only and they do not constitute a part of these T&Cs and will not be deemed to limit or affect any of the provisions hereof.

Entire Agreement

This Agreement is the entire agreement between You and BMYT relating to the subject matter hereof and this Agreement will not be modified except by a change to this Agreement made by BMYT in accordance with the terms of this Agreement.

Eligibility

The BMYT Digital Services are not available to persons under the age of 18 or to anyone previously suspended or removed by BMYT from availing the BMYT Digital Services or accessing the BMYT Platform. By accepting the T&Cs or by otherwise using the BMYT Digital Services on the BMYT Platform, You represent that You are at least 18 years of age and have not been previously suspended or removed by BMYT, or disqualified for any other reason, from availing the BMYT Bill Payment and Digital Goods Services or using the BMYT Platform. In addition, You represent and warrant that You have the right, authority and capacity to enter into this Agreement and to abide by all the T&Cs as part of this Agreement. Finally, You shall not impersonate any person or entity, or falsely state or otherwise misrepresent Your identity, age or affiliation with any person or entity. Finally, in the event of any violation of the T&Cs, BMYT reserves the right to suspend or permanently prevent You from availing BMYT Digital Services or using the BMYT Platform.

Cancellation Policy

Cancellation before the tour/trip starts: In case a customer cancels their tour before the scheduled start date, the company will not refund. Cancellation during the tour/trip: If a customer decides to cancel their tour in the middle of the trip, they may not be entitled to any refund. However, some travel companies may offer a partial refund depending on the circumstances. Delayed or missed flights: If a customer misses their flight or it gets delayed due to circumstances beyond their control, the travel company may not be liable to provide any refund or compensation or any other cancellation on package they have booked(can be international or domestic package).

BMYT offers a convenient and secure way to make payments towards identified biller(s) using a valid payment account. Depending upon the BMYT business partner through whom the specific service is availed by You (i) the specific features of the service may differ; (ii) the number of billers available over the service may differ; (iii) the type and range of payment accounts that can be used to issue a payment instructions may differ; (iv) the modes/devices over which the service can be accessed may differ; and (v) the charges, fees for availing the service or any aspect of the service may differ. Specific details related to these aspects would be available with the BMYT business partner on their channel/portal/website over which the service is being availed. From time to time, BMYT, at its sole discretion, can add to or delete from such list of billers or types of payment accounts that can be used in respect of making payments to a biller. The type and range of payment accounts that can be used for making payments may differ for each biller depending on biller specifications. There may be additional fees/charge when using certain types of payment accounts in respect of a biller. The terms upon which a payment can be made to a biller can differ depending on whether a card or a bank account is used to issue the payment instruction. Further, depending on the specific facilities allowed by a BMYT business partner, payments to a biller can be made either (a) by issuing a payment instruction for an online debit/charge to a payment account or (b) by scheduling an automated debit to a payment account. In using the bill payment service, You agree to:

  • Provide true, accurate, current and complete information about Yourself (“Registration Data”), Your payment account details (“Payment Data”), Your biller details (“Biller Data”); and
  • Maintain and promptly update the Registration Data, Payment Data and Biller Data to keep it true, accurate, current and complete at all times. If You provide any information that is untrue, inaccurate, not current or incomplete, or BMYT has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, BMYT has the right to suspend or terminate Your account and refuse any and all current or future use of the BMYT Services/BMYT Platform (or any portion thereof). The term biller includes telecom operators.

BMYT assumes no responsibility and shall incur no liability if it is unable to affect any payment instruction(s) on the payment date owing to any one or more of the following circumstances:

  • If the payment instruction(s) issued by You is/are incomplete, inaccurate, invalid and delayed;
  • If the payment account has insufficient funds/limits to cover for the amount as mentioned in the payment instruction(s);
  • If the funds available in the payment account are under any encumbrance or charge;
  • If Your bank or the National Clearing Centre refuses or delays honouring the payment instruction(s);
  • If payment is not processed by biller upon receipt;
  • Circumstances beyond the control of BMYT (including, but not limited to, fire, flood, natural disasters, bank strikes, power failure, systems failure like computer or telephone lines breakdown due to an unforeseeable cause or interference from an outside force).

In case the bill payment is not effected for any reason, You will be intimated about the failed payment by an e-mail.

Refunds in cases where Airline is declared as Insolvent or Bankrupt

BMYT shall not be liable to pay any refunds whatsoever in cases where the airline closes its operations or declares itself as insolvent or has been declared as insolvent in any legal proceedings. The customers or clients or agents shall not hold BMYT liable to pay the refunds as assured at the time of booking of ticket in cases where the airline closes its operation or declares itself as insolvent or has been declared as insolvent in any legal proceedings.

BMYT Marketplace – Travel

You hereby acknowledge and agree that BMYT merely provides online marketplace services through its BMYT Platform (including but not limited to its website www.boardmytrip.com) in order to facilitate listings/bookings by aggregators directly and/or through its Merchants. The travel booking related services are also called the Marketplace Terms are an integral part of the Agreement and the T&Cs. You can make these bookings subject to the respective aggregator’s terms and conditions. Most hotels have a policy that do not allow unmarried couples to check in. For more information, BMYT requests You to contact the hotel in order to get further clarifications and confirmation or the same can be confirmed on their websites as well. You are requested to please go through the Merchant/vendor provided terms and conditions before making any bookings for hotels, etc., through the BMYT Platform.

If a link to the Merchant/vendor specific terms and conditions is not provided here then You are expected to find them on their websites or procure them from the vendors/Merchants directly through any other means. BMYT is not responsible for Your inability to access such terms and conditions or for any loss resulting from such terms and conditions or lack thereof. You agree and acknowledge that the actual contract for sale is directly between You and the Merchant/vendor. BMYT provides these services to You which are informational in nature. BMYT is not a travel or booking agent or a last mile service provider to You and, therefore, BMYT shall not be deemed to be liable for any fault in the content/booking/listing services provided by aggregator or the Merchant/vendor. BMYT is also not responsible for setting or controlling the prices applicable to such searches and bookings through the BMYT Platform. All such listings/bookings are provided by the aggregator directly and/or through its Merchants/vendors and are subject to the terms and conditions imposed by the concerned aggregator or the Merchant/vendor. BMYT does not control or prevent changes in the published details and descriptions of websites/apps operated by the aggregator or the Merchant/vendor and is not responsible for any content therein. BMYT has no control over the existence, quality, safety or legality of items displayed; the accuracy of the aggregator’s content or listings; the ability of the aggregator and Merchant/vendor to sell items or provide services. BMYT does not at any point of time during any transaction between You and aggregator/Merchant/vendor, take the ownership of any of the listing, bookings offered by the aggregator/Merchant/vendor. Nor does BMYT at any point asserts any rights or claims over the same offered by the aggregator/Merchant/vendor to You. In using the online marketplace service, You explicitly agree and acknowledge that:

  1. BMYT, through the BMYT Platform makes available, content/listings/bookings offered by the aggregators either directly and/or through its Merchants/vendors. Availing such bookings/listings will be subject to the terms of offer for sale and such other additional terms, if any, as specified by such aggregator.
  2. BMYT is not a warrantor of the content/listings/bookings being offered on BMYT by various aggregators or Merchant/vendors. You understand that any issue or disputes regarding the warranty, guarantee, quality, and service will be addressed as per the terms and conditions of the aggregator or the Merchant/vendors, and You agree to handle such issues and disputes directly between You and the aggregator or Merchant/vendor. You acknowledge that BMYT gives no guarantee, either express or implied, regarding the use or availability of online marketplace service or bookings made by You through online marketplace.
  3. BMYT, may at its discretion, offer marketing promotion benefits by way of gift coupons, cash back, free gifts, etc., on all or some of the products or services from time to time. BMYT is not liable for any defect or fault in listings/bookings, content the product or deficiency in service of the aggregator or Merchant/vendor purchased through the BMYT Platform. BMYT is not responsible for any warranty, guarantee, post sale claims, genuineness of listings/bookings, content, products and services as BMYT is just a platform that facilitates booking through the aggregator or Merchant/vendor. BMYT will not be liable for any claims including but not limited to any misrepresentation by the aggregator or the Merchant/vendor in its content/listings/bookings.
  4. The BMYT Platform makes available general Third Party Content. Third Party Content would also be available to You on the e-mail received by You from BMYT. BMYT will not be responsible for infringement of any third party’s intellectual property rights and rights of privacy in such cases. The provision of Third Party Content is for general informational purposes only. You acknowledge that the Third Party Content provided to You is obtained from sources believed to be reliable. BMYT does not provide any guarantee with respect to any the Third Party Content and BMYT shall not be held liable for any loss suffered by You based on its reliance on/or use of such Third Party Content. You should contact such third party site/app for their terms and conditions, privacy policy, complaints and clarification governing various features and offers or the products and services offered by them.
  5. Please check visa and passport requirements needed for Your travel itinerary. BMYT is not liable for issues related to visa and incorrect passport info or any issues arising under the laws of India or of any other country.
  6. Cancellation/refund: The cancellation/refund in respect of the bookings and charges, if any, will also be governed as per the terms and conditions of the aggregator or of the Merchant/vendor. BMYT has no role in governing refund/cancellation charges. BMYT, being an online marketplace services provider, will not be responsible for refund/cancellation including any charges arising therefrom. The aggregator or the merchant/vendor is solely responsible for the content/listings/bookings made available by it through the BMYT Platform and You should contact the respective aggregator or Merchant/vendor directly in relation to the above mentioned queries.
  7. Use of Information: By accepting T&Cs in general including the IBO terms and the Marketplace Terms, You accept that BMYT may send alerts to the mobile phone number/ e-mail address provided by You while registering for the BMYT Service/BMYT Platform or to any such number/e-mail address replaced and informed by You subsequently.
  8. Limitation of liability and waiver: In no event, BMYT will be liable to You for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to: (i) this Agreement, including these T&Cs and Marketplace Terms; (ii) the IBO Agreement; (iii) the BMYT Services, the BMYT Platform or any reference site/app/platform/service; or (iv) Your use or inability to use the BMYT Services, the BMYT Platform (including any and all materials) or any reference sites/app/platform/service, even if BMYT or a BMYT authorized representative has been advised of the possibility of such damages. In no event, BMYT or any of its directors, employees will be liable to You for any damages, liabilities, losses, and causes of action arising out of or relating to: (i) this Agreement, including these T&Cs and the Marketplace Terms; (ii) the IBO Agreement; (iii) the BMYT Services, the BMYT Platform or any reference site/app/platform/service; or (iv) Your use or inability to use the BMYT services, the BMYT Platform (including any and all materials) or any reference sites/app/platform/service; or (v) any other interactions with BMYT, however caused and whether arising in contract, tort including negligence, warranty or otherwise, beyond or in excess of the amount paid by You, if any, for using the portion of the BMYT Service or the BMYT Platform giving rise to the cause of action, or beyond or in excess Rs. 5,000, whichever is less. You acknowledge and agree that BMYT has offered its products and services, set its prices, and entered into this Agreement in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between You and BMYT, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between You and BMYT. BMYT would not be able to provide the services to You on an economically reasonable basis without these limitations. Applicable law may not completely allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitations or exclusions will apply to You subject to applicable law. In such cases, BMYT’s liability will be limited to the fullest extent permitted by applicable law. This paragraph shall survive the termination of this Agreement, including these T&Cs, IBO terms and the Marketplace Terms.
  9. Dispute Resolutions: If any dispute, controversy or claim arises under this Agreement or in relation to any BMYT Service or the BMYT Platform, including any question regarding the existence, validity or termination of this Agreement or these T&Cs or these Marketplace Terms (hereinafter Dispute), the parties shall use all reasonable endeavours to resolve such Dispute amicably. If the parties are unable to resolve the Dispute amicably within 30 days of the notice of such Dispute, BMYT may elect to resolve any Dispute by a binding arbitration in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996 (hereinafter Act). Such Dispute shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The Dispute shall be resolved by a sole arbitrator, appointed in accordance with the Act. The seat of the arbitration shall be New Delhi and the language of this arbitration shall be English. Either You or BMYT may seek any interim or preliminary relief from a court of competent jurisdiction in New Delhi necessary to protect the rights or the property belonging to You or BMYT (or any of our agents, suppliers, and subcontractors), pending the completion of arbitration. Any arbitration shall be confidential, and neither You nor BMYT may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcing the arbitration award. All administrative fees and expenses of arbitration will be divided equally between You and BMYT. In all arbitrations, each party will bear the expense of its own lawyers and preparation. This paragraph shall survive termination of this Agreement, the T&Cs or the Marketplace Terms.
  10. Jurisdiction: Subject to the Dispute Resolution section above, You agree that any claim or dispute You may have against BMYT must be resolved by a court having jurisdiction in New Delhi, India. You agree to submit to the personal jurisdiction of the courts located within New Delhi, India, for the purpose of litigating all such claims or disputes. This Agreement shall be governed by Indian law. This paragraph shall survive termination of this Agreement.

Dispute Resolution

If any dispute, controversy or claim arises under this Agreement or in relation to any BMYT Service or the BMYT Platform, including any question regarding the existence, validity or termination of this Agreement or T&Cs (hereinafter Dispute), the parties shall use all reasonable endeavours to resolve such Dispute amicably. If the parties are unable to resolve the Dispute amicably within 30 days of the notice of such Dispute, BMYT may elect to resolve any Dispute by a binding arbitration in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996 (hereinafter Act). Such Dispute shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The Dispute shall be resolved by a sole arbitrator, appointed in accordance with the Act. The seat of the arbitration shall be New Delhi and the language of this arbitration shall be English. Either You or BMYT may seek any interim or preliminary relief from a court of competent jurisdiction in New Delhi necessary to protect the rights or the property belonging to You or BMYT (or any of our agents, suppliers, and subcontractors), pending the completion of arbitration. Any arbitration shall be confidential, and neither You nor BMYT may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcing the arbitration award. All administrative fees and expenses of arbitration will be divided equally between You and BMYT. In all arbitrations, each party will bear the expense of its own lawyers and preparation. This paragraph shall survive termination of this Agreement.

Governing Law and Forum for Disputes

Subject to the Dispute Resolution section above, You agree that any claim or dispute You may have against BMYT must be resolved by a court having jurisdiction in New Delhi, India. You agree to submit to the personal jurisdiction of the courts located within New Delhi, India, for the purpose of litigating all such claims or disputes. This Agreement shall be governed by Indian law. This paragraph shall survive termination of this Agreement.

Disclaimer for donations

  • Customer/user can donate to selected shrines/place of worship/NGO/trust through BMYT Platform using a number of payment methods such as BMYT wallet/credit/ debit cards/internet banking.
  • While availing donation services from BMYT Platform the Customer/user expressly agrees and affirms that:
    1. This contribution is made from my own funds, and funds are not being provided to me by another person or entity for the purpose of making this contribution.
    2. I am at least eighteen years of age.
    3. I am making this contribution with my own personal card/funds and not with a corporate or business card/funds or any card/funds issued to another person.
  • Any donation amount transferred erroneously or for any other reason by the Customer to any shrine/place of worship/NGO/trust shall not be refunded to the Customer by BOARDMYTRIP in any circumstances.
  • BOARDMYTRIP reserves the right to modify or discontinue, temporarily or permanently the donation facility with or without notice at any time.
  • BOARDMYTRIP reserves the right to modify or discontinue, temporarily or permanently the donation facility with or without notice at any time.
  • BOARDMYTRIP’s website/mobile application contains links to other websites, Customer/user agrees that when they click on any of such links for making donations, he/she will be entering another website for which BOARDMYTRIP/BMYT has no responsibility. We encourage/advise you to read and agree the privacy statements on all such websites as their policies/terms & conditions may be different from BOARDMYTRIP/BMYT, prior to making any donations.
  • BOARDMYTRIP disclaims any accountability, legal, losses/damages or else, that might arise because of the act, omission or otherwise of any Customer/user on its website/mobile application, or caused by the same. Customer/user expressly admits that BOARDMYTRIP is only a “payment facilitator & intermediary” for making donations, and as such, stands indemnified from any accountability that might arise because of the same. Customer/user moreover acknowledges that visiting/using BOARDMYTRIP website/mobile application is an implicit reception/confirmation of this disclaimer on their part.
  • Customer/user hereby expressly agrees to abide by all the terms and conditions applicable to BMYT Wallet Services provided in the applicable terms & conditions section of the BOARDMYTRIP website/mobile application.
  • Customer agrees and confirm that BOARDMYTRIP shall not have any responsibility/liability in case tax exemption is denied to the Customer/user by any tax authority due to whatsoever reasons and Customer/user shall not raise any dispute/claim against BOARDMYTRIP. In such an event Customer/users shall approach the respective shrines/place of worship/NGO/trust for any query/claim.

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