Terms of use
GoSavvy Travel Solutions Pvt Ltd.
Disclaimer/Terms of Use
Terms of Service:
These Terms of Service (“Terms“) govern your access to and use of the services, including our APIs, email notifications, applications and widgets, (the “Services“), and any information, text, graphics, photos, financial or other materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content“). Your use and access of the Services are conditional on your acceptance of and compliance with these Terms and any amendments hereof, from time to time. By accessing or using the Services, you agree to be bound by these Terms.
General Terms:
When you sign up for GoSavvy Travel Solutions Pvt Ltd’s service (‘GoSavvy’), you are required to provide information such as your name, email address and at your discretion, your phone number. You will provide your credit card information when you make a payment using the GoSavvy App. Your may also register with GoSavvy App through your Facebook, Twitter or Google+ Account, your information associated with such accounts may be retrieved by us.
You are responsible for your use of the Services, for any Content you post on the Services, and for any consequences thereof. The Content you submit, post, or display will be able to be viewed by other members of the Services, which may include your friends, acquaintances, and the general public (go to the notification settings page to monitor who can see your Content). You should only provide Content that you have no reservations or difficulty in sharing/displaying, and the consequences that may ensue from such sharing with others and the same is at your sole discretion and not the responsibility of the ‘GoSavvy’.
By the phrase “public information”, we mean the information you choose to make public, as well as information that is always available publicly.
You may use the Services only if you can form a binding contract with GoSavvy and are not a person barred from receiving services under the laws of India or other applicable jurisdiction. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Services only in compliance with these Terms and all applicable state, national, and international laws, rules and regulations. GoSavvy shall not be liable for any act to the contrary and you shall solely be liable for the same.
The Services that GoSavvy provides, involves continuous development, upgrades, updates, for a better user experience, from time to time and the same shall be provided without prior notice to you. In addition, the ‘GoSavvy’ may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice.
The Services may include advertisements. The types and extent of advertising by GoSavvy on the Services are subject to change. In consideration for GoSavvy granting you access to and use of the Services, you agree that GoSavvy and its third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.
Privacy, User Name & Passwords:
Any information that you provide to GoSavvy is subject to our Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information including for storage, processing and use by GoSavvy. As part of providing you the Services, we may need to provide you with certain communications, such as administrative messages. These communications are considered a part of the Services, which, you may not be able to choose not to receive.
You are responsible for safeguarding your username/user id and password that you use to access the Services and for any activities or actions under your username/user id and password. We strongly recommend that you use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. GoSavvy shall not be liable for any loss or damage arising from your failure to comply with the above.
Rights – GoSavvy & You:
All right, title, and interest in and to the Services (excluding Content provided by you/users) are and will remain the exclusive property of GoSavvy and its licensors. The Services are/will be protected by copyright, trademark, and other laws of India and foreign countries. Nothing in the Terms gives you a right to use GoSavvy name or any of GoSavvy trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, ideas or suggestions you may provide regarding GoSavvy or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation in terms of compensation, creative credit or otherwise.
You retain your rights to any Content you submit, post or display on or through the Services. By submitting, posting or displaying Content on or through the Services, you expressly grant to GoSavvy a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).
You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. You understand that your Content may be broadcasted, distributed, or published by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. GoSavvy will not be under any circumstances be liable for any use of your Content by GoSavvy in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.
License to use the Software:
GoSavvy gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by GoSavvy as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by GoSavvy, in the manner permitted by these Terms and as per law.
Restrictions:
GoSavvy reserves the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services, to suspend or terminate users, and to reclaim usernames. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental order/request, (ii) enforce the Terms, including investigation of potential violations, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of GoSavvy, its users and the public.
You shall not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, GoSavvy’s computer systems, or the technical delivery systems of GoSavvy’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means other than through our currently available interfaces that are provided by GoSavvy (only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with GoSavvy; or (v) interfere with, or disrupt or attempt to do so, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.
Copyright
GoSavvy respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please contact us as at the addresses stated at the contact section with necessary details,( including your contact information, your address, telephone number, and an email address; a statement by you that you have a good faith and belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law) and we shall take the appropriate action as mandated under the relevant laws, provided such claims are genuine.
Termination
The Terms will continue to apply unless terminated by either you or GoSavvy, in the following manner.
You may end your legal agreement with GoSavvy at any time for any reason by deactivating your account or deleting your account (if you hold more than one account then your accounts) and thereby discontinue your use of the Services.
We may suspend or terminate your accounts or cease providing you with all or a part of the Services at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms, (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account.
In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except the sections that specifically survive termination. Nothing in this section shall affect GoSavvy‘s rights to change, limit or stop the provision of the Services without prior notice, as provided above in section 1.
Limitations of Liability:
Please read this section carefully since it limits the liability of GoSavvy and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “GoSavvy Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
To the maximum extent permitted by the applicable law, GoSavvy entities shall not be liable for any indirect, incidental, special, consequential damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, good-will, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Services; (ii) any conduct or content of any third party on the Services, including without limitation, any libelous, offensive or illegal conduct of other users or third parties; (iii) any content obtained from the Services; or (iv) unauthorized access, use or alteration of your transmissions or content.
The limitations of this subsection shall apply to any theory of liability, including warranty, contract, law, tort (including negligence) or otherwise, and whether or not the ‘GoSavvy’ entities have been informed of the possibility of any such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
The Services are Available on “AS-IS” basis:
Your access to and use of the Services or any Content are at your own sole risk and GoSavvy in not liable for the same. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis.
Without limiting the foregoing, to the maximum extent permitted under applicable law, GoSavvy ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
GoSavvy Entities make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the ‘GoSavvy’ Entities or through the Services, will create any warranty not expressly made herein.
Miscellaneous Terms:
1. Waiver and Severability
Failure of GoSavvy to enforce at any time any of the provision/s of this Terms of Use shall not be considered to be waiver of the right of GoSavvy thereafter to enforce each and every such provision. Waiver, if any, shall be in writing, signed by the then duly authorized signatory of the ‘GoSavvy’. Any provision of this Terms of Use, which is held to be invalid or unenforceable for any reason, shall be ineffective to the extent of such invalidity or unenforceability only, and without affecting in any way the remaining provisions hereof.
2. Governing Law and Jurisdiction
THESE TERMS AND ANY ACTION RELATED THERETO WILL BE GOVERNED BY THE LAWS OF INDIA WITHOUT REGARD TO OR APPLICATION OF ITS CONFLICT OF LAW PROVISIONS OR YOUR STATE OR COUNTRY OF RESIDENCE.
3. Entire Agreement
These Terms and our Privacy Policy are the entire and exclusive agreement between GoSavvy and you regarding the Services (excluding any services for which you have a separate agreement with GoSavvy that is explicitly in addition or in place of these Terms), and these Terms supersedes all prior understandings, agreements, representations, warranties, and covenants (oral or written) between you and GoSavvy.
If you have any queries with respect to the Terms, set forth hereinabove or with regard to any other aspect of GoSavvy App, you may contact us in the manner provided in the contact section.
We may revise these Terms from time to time.
Effective: June 4, 2015
Last updated on June 4, 2015
