Terms of Service

When you access, browse or use this Site you accept, without limitation or qualification, the terms and conditions set forth below. When you access any sub-site (whether belonging to an ‘associate’ of TrackFunnels or otherwise) through this site, then such sub-site may have its own terms and conditions of use which is specific to such sub-site. Sub-sites may contain such additional terms and conditions of use as may be set out in such sub-site.

These Terms and Conditions of Use and any additional terms posted on this Site together constitute the entire agreement between TrackFunnels and you with respect to your use of this Site.

Site and Its Contents

This Site is only for your personal use. You shall not distribute, exchange, modify, sell or transmit anything you copy from this Site, including but not limited to any text, images, audio and video, for any business, commercial or public purpose.

As long as you comply with the terms of these Terms and Conditions of Use, TrackFunnels grants you a non-exclusive, non-transferable, limited right to enter, view and use this Site. You agree not to interrupt or attempt to interrupt the operation of this Site in any way.

Access to certain areas of the Site may only be available to registered members. To become a registered member, you may be required to answer certain questions. Answers to such questions may be mandatory and/or optional. You represent and warrant that all information you supply to us, about yourself, and others, is true and accurate.

Ownership

All materials on this Site, including but not limited to audio, images, software, text, icons and such like (the “Content”), are protected by copyright under international conventions and copyright laws. You cannot use the Content, except as specified herein. You agree to follow all instructions on this Site limiting the way you may use the Content.

There are a number of proprietary logos, service marks and trademarks found on this Site whether owned/used by TrackFunnels or otherwise. By displaying them on this Site, Trackfunnels is not granting you any license to utilize those proprietary logos, service marks, or trademarks. Any unauthorized use of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.

You may download such copy/copies of the Content to be used only by you for your personal use at home unless the sub-site you are accessing states that you may not. If you download any Content from this Site, you shall not remove any copyright or trademark notices or other notices that go with it.

Others’ rights

If this Site contains bulletin boards, chat rooms, access to mailing lists or other message or communication facilities, you agree to use the same only to send and receive messages and materials that are proper and related thereto. By way of example and not as a limitation, you agree that when using the Site or any facility available herefrom, you shall not do any of the following:

• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others
• Publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful material or information
• Upload or attach files that contain software or other material protected by intellectual property laws (or by rights of privacy and publicity) unless the User owns or controls the rights thereto or has received all consents therefor as may be required by law
• Upload or attach files that contain viruses, corrupted files or any other similar software or programs that may damage the operation of another’s computer
• Delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded Falsify the origin or source of software or other material contained in a file that is uploaded Advertise or offer to sell any goods or services, or conduct or forward surveys, contests or chain letters, or download any file posted by another user of a Forum that the User knows, or reasonably should know, cannot be legally distributed in such manner.

User’s Material

You are prohibited from posting or transmitting any defamatory, libelous, obscene, pornographic, profane, threatening or unlawful material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law.

TrackFunnels assumes no liability or responsibility arising from the contents of any communications containing any defamatory, erroneous, inaccurate, libelous, obscene or profane material. TrackFunnels may change, edit, or remove any user material or conversations that are illegal, indecent, obscene or offensive, or that violates TrackFunnels’s policies in any way.

TrackFunnels will fully cooperate with any law enforcement authorities or court order requesting or directing TrackFunnels to disclose the identity of anyone posting such materials.

TrackFunnels Rights

If you send any communications or materials to the Site by electronic mail or otherwise, including any comments, data, questions, suggestions or the like, all such communications are, and will be treated by TrackFunnels, as non-confidential.

You hereby give up any and all claim that any use of such material violates any of your rights including moral rights, privacy rights, proprietary or other property rights, publicity rights, rights to credit for material or ideas, or any other right, including the right to approve the way TrackFunnels uses such material.

Any material submitted to this Site may be adapted, broadcast, changed, copied, disclosed, licensed, performed, posted, published, sold, transmitted or used by TrackFunnels anywhere in the world, in any medium, forever.

Transmitted Material

Internet transmissions are never completely private or secure. You understand that any message or information you send to this Site may be read or intercepted by others unless there is a special notice that a particular message (for example, credit card information) is encrypted (send in code). Sending a message to TrackFunnels does not cause Trackfunnels to have any special responsibility to you.

The copyright in the contents of this website belong to TrackFunnels. Accordingly TrackFunnels reserves all rights. Copying of part or all the contents of this website without permission of TrackFunnels is prohibited except to the extent that such copying/printing is necessary for the purposes of availing of the paid services provided.

Contests and interactions

This Site may contain contests that require you to send in material or information about yourself or offer prizes. Each contest has its own rules, which you must read and agree to before you participate.

Disclaimer

The material in this Site could include technical inaccuracies or typographical errors. TrackFunnels may make changes or improvements at any time.

The materials on this site are provided on an “As Is” basis, without warranties of any kind either expressed or implied. Information, software, products, and services contained on this website, and the inclusion or offering of any products or services on this website does not constitute any endorsement or recommendation of such products or services by TrackFunnels, TrackFunnels Affiliates and their respective suppliers. To the fullest extent permissible pursuant to applicable law, TrackFunnels disclaims all warranties of merchantability, relating to the information and description of the hotel , air or any other travel products displayed on this website (including, without limitation, the pricing, photographs, list of hotel amenities, general product descriptions, etc.), much of which information is provided by the respective suppliers. Hotel or any other ratings displayed on this website are intended as only general guidelines, and TrackFunnels, TrackFunnels Affiliates and their respective suppliers do not guarantee the accuracy of the ratings. TrackFunnels, TrackFunnels Affiliates and their respective suppliers make no guarantees about the availability of specific products and services. TrackFunnels may make improvements and/or changes on this website at any time.

TrackFunnels does not warrant that the functions contained in this site will be uninterrupted or error free, that defects will be corrected, or that this site or the servers that make it available are free of viruses or other harmful components, but shall endeavor to ensure your fullest satisfaction

TrackFunnels does not warrant or make any representations regarding the use of or the result of the use of the material on the site in terms of their correctness, accuracy, reliability, or otherwise, insofar as such material is derived from other service providers such as airlines, hotel owners and tour operators.

You acknowledge that this Website is provided only on the basis set out in these terms and conditions. Your uninterrupted access or use of this Website on this basis may be prevented by certain factors outside our reasonable control including, without limitation, the unavailability, inoperability or interruption of the Internet or other telecommunications services or as a result of any maintenance or other service work carried out on this Website. TrackFunnels does not accept any responsibility and will not be liable for any loss or damage whatsoever arising out of or in connection with any ability/inability to access or to use the Site.

TrackFunnels will not be liable to you or to any other person for any direct, indirect, incidental, punitive or consequential loss, damage, cost or expense of any kind whatsoever and howsoever caused from out of your usage of this Site. IN no event shall TrackFunnels, TrackFunnels Affiliates, and their respective suppliers (if any) be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of, or in any way connected with, your access to, display of or use of this website or with the delay or inability to access, display or use this website (including, but not limited to, your reliance upon opinions appearing on this web site; any computer viruses, information, software, linked sites, products, and services obtained through this website; or otherwise arising out of the access to, display of or use of this website) whether based on a theory of negligence, contract, tort, strict liability, or otherwise, and even if the TrackFunnels group companies, the TrackFunnels Affiliates and their respective suppliers have been advised of the possibility of such damages.

You agree to defend and indemnify TrackFunnels, TrackFunnels Affiliates, and their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

(a) your breach of this Agreement or the documents referenced herein; or
(b) your violation of any law or the rights of a third party

Notwithstanding anything else to the contrary contained elsewhere herein or otherwise at law, TrackFunnels’s liability (whether by way of indemnification to you or otherwise) shall be restricted to a maximum of US$100 (One Hundred United States Dollar only).

Terms and Conditions of Use

TrackFunnels may add to, change or remove any part of these Terms and Conditions of Use at any time, without notice. Any changes to these Terms and Conditions of Use or any terms posted on this Site apply as soon as they are posted. By continuing to use this Site after any changes are posted, you are indicating your acceptance of those changes.

TrackFunnels may add, change, discontinue, remove or suspend any other Content posted on this Site, including features and specifications of products described or depicted on the Site, temporarily or permanently, at any time, without notice and without liability.

TrackFunnels reserves the right to undertake all necessary steps to ensure that the security, safety and integrity of TrackFunnels’s systems as well as its client’s interests are and remain, well-protected.

Towards this end, TrackFunnels may take various steps to verify and confirm the authenticity, enforceability and validity of orders placed by you.

General Provisions

TrackFunnels reserves its exclusive right in its sole discretion to alter, limit or discontinue the Site or any material posted herein, in any respect. TrackFunnels shall have no obligation to take the needs of any User into consideration in connection therewith.

TrackFunnels reserves its right to deny in its sole discretion any user access to this Site or any portion hereof without notice.

No waiver by TrackFunnels of any provision of these Terms and Conditions shall be binding except as set forth in writing and signed by its duly authorized representative.

If any dispute arises between you and TrackFunnels during your use of the Site or thereafter, in connection with and arising from your use or attempt to use this Site, the dispute shall be referred to arbitration. The place of arbitration shall be New Delhi. The arbitration proceedings shall be in the English language.

The said arbitration proceedings shall be governed and construed in accordance with the Arbitration and Conciliation Act, 1996 and modifications thereof as in force at the relevant time.

These terms and conditions are governed by and shall be construed in accordance with the laws of the Republic of India and any dispute shall exclusively be subject to the jurisdiction of the appropriate Courts situated at New Delhi, India.