PLEASE
READ THIS USER AGREEMENT AND THESE TERMS AND CONDITIONS
CAREFULLY BEFORE USING THIS SITE.
Your use of
this site is expressly conditioned on your acceptance of the
following terms and conditions. By using this site, you
signify your assent to these terms and conditions. If you do
not agree with any part of the following terms and conditions,
you must not use this site.
1. OWNERSHIP. This site, and each of its modules,
together with the arrangement and compilation of the content
found on this site, is the copyrighted property of
PlanetWanderer.com and/or its various third party providers
and distributors. Much of the content found on this site is
owned by third party providers and distributors. In addition,
the trademarks, logos and service marks displayed on this site
(collectively, the "Trademarks") are registered and
common law Trademarks of PlanetWanderer.com, its affiliates,
and various third parties. Nothing contained on this site
should be construed as granting, by implication, estoppel, or
otherwise, any license or right to use any of the Trademarks
without the written permission of PlanetWanderer.com, or such
other party that may own the Trademarks.
2. USE OF SITE. PlanetWanderer.com grants you a
limited, non-transferable license to use this site in
accordance with the terms and conditions of this User
Agreement. You may only use this site to make legitimate
reservations or purchases and shall not use this site for any
other purposes, including without limitation, to make any
speculative, false or fraudulent reservation or any
reservation in anticipation of demand. This site and the
content provided in this site, including the text, graphics,
button icons, audio and video clips, digital downloads, data
compilations and software, may not be copied, reproduced,
republished, uploaded, posted, transmitted or distributed
without the written permission of PlanetWanderer.com, and/or
its third party providers and distributors, except that you
may download, display and print the materials presented on
this site for your personal, non-commercial use only. You may
not use any "robot," "spider" or other
automatic device, or a program, algorithm or methodology
having similar processes or functionality, or any manual
process, to monitor or copy any of the Web pages, data or
content found on this site, in any case without the prior
written permission of PlanetWanderer.com. You agree that you
will not transmit or otherwise transfer any Web pages, data or
content found on this site to any other computer, server, Web
site, or other medium for mass distribution or for use in any
commercial enterprise. You agree that you will not use any
device, software or routine to interfere or attempt to
interfere with the proper working of this site. You agree that
you will not take any action that imposes a burden or load on
our infrastructure that PlanetWanderer.com deems in its sole
discretion to be unreasonable or disproportionate to the
benefits PlanetWanderer.com obtains from your use of the site.
Unauthorized use of this site and/or the materials contained
on this site may violate applicable copyright, trademark or
other intellectual property laws or other laws. You must
retain all copyright and trademark notices, including any
other proprietary notices, contained in the materials, and you
must not alter, obscure or obliterate any of such notices. The
use of such materials on any other Web site or in any
environment of networked computers is prohibited. You are
prohibited from posting or transmitting any unlawful,
threatening, libelous, defamatory, obscene, indecent,
inflammatory, pornographic or profane material or any material
that could constitute or encourage conduct that would be
considered a criminal offense, give rise to civil liability,
or otherwise violate any law. In addition, you are prohibited
from posting or transmitting any information which (a)
infringes the rights of others or violates their privacy or
publicity rights, (b) is protected by copyright, trademark or
other proprietary right, unless with the express written
permission of the owner of such right, (c) contains a virus,
bug or other harmful item, or (d) is used to unlawfully
collude against another person in restraint of trade or
competition. You shall be solely liable for any damages
resulting from any infringement of copyright, trademark, or
other proprietary right, or any other harm resulting from your
use of this site.
3. AGE AND RESPONSIBILITY. If you use this site, you
are responsible for maintaining the confidentiality of your
account information and your password. You agree to accept
responsibility for all activities that occur under your
account or password. You represent that you are of sufficient
legal age to use this site and to create binding legal
obligations for any liability you may incur as a result of the
use of this site. You understand that you are financially
responsible for all uses of this site by you and those using
your login information.
4. PRIVACY. You have read the PlanetWanderer.com
Privacy Policy, the terms of which are incorporated herein,
and agree that the terms of such policy are reasonable. You
consent to the use of your personal information by
PlanetWanderer.com and/or its third party providers and
distributors in accordance with the terms of and for the
purposes set forth in the PlanetWanderer.com Privacy Policy.
5. REVIEW OF TRANSMISSIONS. PlanetWanderer.com may,
from time to time monitor and review any information
transmitted or received through this site and reserves the
right to censor, edit, remove or prohibit the transmission or
receipt of any information that PlanetWanderer.com deems
inappropriate or in violation of these terms and conditions.
During monitoring, the information may be examined, recorded
or copied, and your use of this site constitutes your consent
to such monitoring and review. You agree that if you submit
suggestions, ideas, comments or questions or post any other
information on this site, you grant PlanetWanderer.com and its
affiliates a worldwide, non-exclusive, royalty-free,
perpetual, irrevocable, and fully sublicenseable right to use,
reproduce, modify, adapt, publish, translate, create
derivative works from, distribute and display such content in
any form, media or technology. PlanetWanderer.com takes no
responsibility and assumes no liability for any content posted
or submitted by you.
6. EXCLUSION OF WARRANTY. PLANETWANDERER.COM AND ANY
THIRD PARTY PROVIDERS AND DISTRIBUTORS MAKE NO WARRANTY OF ANY
KIND REGARDING THIS SITE AND/OR ANY MATERIALS PROVIDED ON THIS
SITE, ALL OF WHICH ARE PROVIDED ON AN "AS IS" BASIS.
PLANETWANDERER.COM AND ANY THIRD PARTY PROVIDERS AND
DISTRIBUTORS DO NOT WARRANT THE ACCURACY, COMPLETENESS,
CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON
THIS SITE AND SUCH PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES
AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN
LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. NEITHER PLANETWANDERER.COM
NOR ANY THIRD PARTY PROVIDERS OR DISTRIBUTORS WARRANT THAT
THIS SITE, ITS SERVERS OR ANY E-MAIL SENT FROM PLANETWANDERER.COM
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
7. LIMITATION OF LIABILITY. PLANETWANDERER.COM
ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY
DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT
OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR
BROWSING IN THIS SITE OR YOUR DOWNLOADING OF ANY MATERIALS,
DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SITE. IN NO EVENT
SHALL PLANETWANDERER.COM OR ANY THIRD PARTY PROVIDERS
OR DISTRIBUTORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE,
OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR
CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED
TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT,
TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR
IS IN ANY WAY CONNECTED WITH (I) ANY USE OF THIS SITE OR
CONTENT FOUND HEREIN, (II) ANY FAILURE OR DELAY (INCLUDING,
BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY
COMPONENT OF THIS SITE FOR RESERVATIONS OR TICKETING), OR
(III) THE PERFORMANCE OR NON PERFORMANCE BY PLANETWANDERER.COM
OR ANY THIRD PARTY PROVIDERS OR DISTRIBUTORS, INCLUDING, BUT
NOT LIMITED TO, NON PERFORMANCE RESULTING FROM BANKRUPTCY,
REORGANIZATION, INSOLVENCY, DISSOLUTION OR LIQUIDATION EVEN IF
SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO
SUCH PARTIES OR ANY OTHER PARTY.
In its sole discretion, in addition to any other rights or
remedies available to PlanetWanderer.com and without any
liability whatsoever, PlanetWanderer.com at any time and
without notice may terminate or restrict your access to any
component of this site.
8. INDEMNIFICATION. You shall defend and indemnify
PlanetWanderer.com and any third party providers and
distributors and their officers, directors, employees and
agents from and against any claim, cause of action or demand,
including without limitation reasonable legal and accounting
fees, brought by or on your behalf in excess of the liability
described herein or by third parties as a result of your use
of this site.
9. LINKS. This site contains links to other Web
sites which are provided solely as a convenience to you and
not as an endorsement by PlanetWanderer.com, its third party
providers or distributors of the contents of such other Web
sites. None of PlanetWanderer.com or any third party provider
or distributor shall be responsible for the content of any
other Web sites and make no representation or warranty
regarding any other Web sites or the contents or materials on
such Web sites. If you decide to access other Web sites, you
do so at your own risk.
10. RELATIONSHIP. The relationship between
PlanetWanderer.com and you will be that of independent
contractors, and neither of us nor any of our respective
officers, agents or employees will be held or construed to be
partners, joint ventures, fiduciaries, employees or agents of
the other.
11. GOVERNING LAW. This Agreement and its
performance shall be governed by the laws of the state of
Uttaranchal, India, without regard to its conflict of laws
provisions. You consent and submit to the exclusive
jurisdiction of the state and federal courts located in
Dehradun city, the state of Uttaranchal, India, in all
questions and controversies arising out of your use of this
site and this Agreement. To the extent allowed by applicable
law, any claim or cause of action arising from or relating to
your access or use of this site must be brought within two (2)
years from the date on which such claim or action arose or
accrued.
12. ATTORNEY'S FEES. If PlanetWanderer.com or its
affiliates take any action to enforce this User Agreement and
these terms and conditions, such parties will be entitled to
recover from you, and you agree to pay, all reasonable and
necessary attorney's fees and any cost of litigation, in
addition to any other relief, at law or in equity, to which
such parties may be entitled.
13. INJUNCTIVE RELIEF. You acknowledge that a
violation or attempted violation of any of this User Agreement
and these terms and conditions will cause such damage to
PlanetWanderer.com as will be irreparable, the exact amount of
which would be difficult to ascertain and for which there will
be no adequate remedy at law. Accordingly, you agree that
PlanetWanderer.com shall be entitled as a matter of right to
an injunction issued by any court of competent jurisdiction,
restraining such violation or attempted violation of these
terms and conditions by You, or Your affiliates, partners, or
agents, as well as recover from You any and all costs and
expenses sustained or incurred by PlanetWanderer.com in
obtaining such an injunction, including, without limitation,
reasonable attorney's fees. You agree that no bond or other
security shall be required in connection with such injunction.
14. TERMINATION. PlanetWanderer.com may terminate
this User Agreement and these terms and conditions and/or the
provision of any of the services at any time for any reason,
including any improper use of this site or your failure to
comply with these terms and conditions. Such termination shall
not effect any right to relief to which PlanetWanderer.com and
its third party providers and distributors may be entitled, at
law or in equity. Upon termination of this User Agreement and
these terms and conditions, all rights granted to you will
terminate and revert to PlanetWanderer.com and its third party
providers or distributors, as applicable.
15. ASSIGNMENT. You may not assign, convey,
subcontract or delegate your rights, duties or obligations
hereunder.
16. MODIFICATION. PlanetWanderer.com may at any time
modify these terms and conditions and your continued use of
this site will be conditioned upon the terms and conditions in
force at the time of your use.
17. ADDITIONAL TERMS. Additional terms and
conditions may apply to reservations, purchases of goods and
services and other uses of portions of this site, and you
agree to abide by such other terms and conditions.
18. SEVERABILITY. These terms and conditions shall
be deemed severable. In the event that any provision is
determined to be unenforceable or invalid, such provision
shall nonetheless be enforced to the fullest extent permitted
by applicable law, and such determination shall not affect the
validity and enforceability of any other remaining provisions.
19. HEADINGS. The headings used in this User
Agreement are included for convenience only and will not limit
or otherwise affect the terms and conditions herein.
20. ENTIRE AGREEMENT. This User Agreement, together
with any terms and conditions incorporated herein or referred
to herein constitute the entire agreement between us relating
to the subject matter hereof, and supersedes any prior
understandings or agreements (whether oral or written)
regarding the subject matter, and may not be amended or
modified except in writing or by making such amendments or
modifications available on this site.