PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS. BY USING THE TRAVOMATE WEBSITE, MOBILE APP, MOBILE SITE OR ANY OTHER AVAILABLE MEDIUM TO ACCESS THE TRAVOMATE CONSOLE ("SITE") AND THE TRAVOMATE SERVICE ("SERVICE"), YOU AGREE TO AND ABIDE BY ALL TERMS AND CONDITIONS LISTED HERE.

The Site is owned and operated by Travomate Pvt. Ltd. (collectively, “travomate”, “We”, “Us”, or “Our”).


You warrant and attest that you are at least 18 (eighteen) years of age. By using the Site, you are confirming that you meet the minimum age requirement and are fully able and competent to enter into and be bound by the Terms of Use.


These Terms of Use apply to all users of the Site, including, without limitation, users who are contributors of content, information and other materials or services on the Site. Your access and use of the Site will be subject to the version of the Terms of Use posted on the Site at the time of use. Further, by accessing or using this Site, you agree to these Terms of Use, conditions and all applicable laws. If you do not agree with the Terms of Use, then you do not have the right to access, view, download or otherwise use the Site or purchase any services and, accordingly, you should not do so.

Functioning of the Site

  • Travomate provides an online platform that connects independent activity providers (“CHAPERONE”) providing travel, food, shopping and other social experiences (tours) / information (“Experience”) to users who are seeking such information (Chaperones and users collectively the “User”). Travomate does not itself provide any Experience (tours) to Users through this Site and merely acts as a marketplace. Unless explicitly specified otherwise, Travomate’s responsibilities are limited to: (i) facilitating the availability of the Site and services; and (ii) serving as the limited payment collection agent of each Chaperone for the purpose of accepting payments from Users on behalf of the Chaperone.
  • Travomate cannot and does not control the content contained in any listings put on the Site by a Chaperone. Therefore, Travomate is not responsible for and disclaims any and all liability related to any and all listings. Accordingly, any bookings will be made at the User’s own risk.
  • These services are accessible on the Site and any other websites through which Travomate makes the services available and as an application for mobile devices.

Use of Site

  • Unless otherwise specified, the Site is for your personal and non-commercial use. You agree to use the Site only for lawful purposes and in compliance with all applicable laws. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Site.
  • You may however display and, subject to any expressly stated restrictions or limitations relating to a specific material, electronically copy, download and print hard copy portions of the material from the different areas of the Site solely for non-commercial, informational and personal purposes only, or to purchase services offered by Travomate. Any other use of materials on this Site, including but not limited to the modification, reproduction, distribution, republication, display or transmission of the content of this Site, without prior written permission of Travomate is strictly prohibited.
  • You may not upload to, distribute, or otherwise publish through the Site, any content which is libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offence, violate the rights of any party or otherwise give rise to liability or violate any law. You may not upload commercial content on the Site or use the Site to solicit others to join or become members of any other commercial online service or other organization.
  • While we strive to keep the Site accessible at all times, we can not guarantee access in all circumstances. Indeed, for reasons including maintenance, upgrade, or for any other reason that are beyond our control, access to the Site may be interrupted.

Copyright and Trade Marks

  • All copyright and other intellectual property rights in all text, images, sound, software and other materials on this Site are owned by Travomate or its affiliates or are included with permission of the relevant owner.
  • Pursuant to clause 1.2, you are permitted to browse this Site and to reproduce extracts by way of printing, downloading to a hard disk and by distribution to other people but, in all cases, for non-commercial, informational and personal purposes only. No reproduction of any part of the Site may be sold or distributed for commercial gain nor shall it be modified or incorporated in any other work, publication or site, whether in hard copy or electronic format, including posting to any other Site. No other licence or right is granted.
  • All trade marks displayed on this Site are either owned by or used under a licence by Travomate and its affiliates.

User Account

  • When using this Site, a User will have to provide certain identifying information (such as telephone number, valid government approved photo ID, or email address) that will be used by us to confirm the User’s identity prior to the User participation on the Site and being allowed to book Experiences that are being offered by Chaperones on the Site.
  • We will create your Travomate account for your use of the Site based upon the personal information you provide to us. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Travomate reserves the right to suspend or terminate your Travomate account and your access to the Site if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete.
  • You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Travomate account, whether or not you have authorized such activities or actions. You will immediately notify Travomate of any unauthorized use of your Travomate account.
  • In case of non-compliance with the provisions of the Terms of Use hereto, we reserve the right to suspend your access to the Site and terminate your account created with Travomate. In such a case, we will inform you as soon as possible about your being prohibited from accessing the Site.

Chaperones

  • Users can use the Site to book Experiences that are being offered by Chaperones on the Site.
  • Chaperones are required to agree to the terms and conditions listed in the Chaperone Terms and Conditions before providing services on the Site.
  • Because we do not control interactions among between Users and Chaperones or other persons or companies, and because we cannot guarantee the true identity, age, nationality of Service users, and because we have limited control, if any, over the quality, safety, morality, legality, truthfulness or accuracy of various aspects of the Service you agree that you bear all risk and you agree to release us (and our officers, directors, shareholders, agents, employees, affiliates, subsidiaries, and third party partners) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with your use of the Service, your Third Party Transactions, and/or our resolution of any disputes among users. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver.
  • THE CHAPERONES REFERENCED THROUGH THE SITE ARE INDEPENDENT SERVICE PROVIDERS AND ARE NOT AGENTS, SERVANTS OR EMPLOYEES OF TRAVOMATE TRAVOMATE IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF THE CHAPERONES OR FROM ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM.

Chaperone terms and conditions

Chaperones providing Experiences through the Site agree to the following terms and conditions in addition to the other terms and conditions listed in these Terms of Use, which will continue to apply to them as Users of the Site:
  • You warrant that the Experience(s) offered by you on the Site are legitimate, within the scope of all Indian and other local and international applicable law, and that all of the offers and contents laid down by you with respect to your Experience(s) are true in all respects. Travomate shall not be liable to independently verify/certify any information offered by you on the Site.
  • You agree to exclusively use Travomate and the Site for the purposes of offering these Experience(s) and agree not to, under any circumstances, solicit in any manner, Users of the Site and offer Experience(s) to them outside the usage terms and contractual arrangements of the Site. In the event that Travomate determines that channels other than those offered by it on the Site are used to solicit Users and offer Experiences, such Chaperone’s account may be immediately cancelled. You hereby agree to bear any and all costs and damages associated with such non- contractual solicitation outside the terms of the Site.
  • Chaperones must carry and present to the User booking an Experience an original, authorised, Government issued Proof of Identity (such as Driver’s License, Voter ID Card or Passport) if requested for by Travomate or the User.
  • In the event of a no-show by the Chaperone upon the Booking of an Experience, Travomate reserves the right to, inter alia, unilaterally cancel the Experience, forfeit the fee payable to such Chaperone for the Experience and penalise the Chaperone for quantifiable damages for reimbursement of all costs associated with such Experience. Repeated no-shows by Chaperones may also lead to a unilateral cancellation and expulsion of such Chaperone from the Site without prior notice.
  • In the event of a claim or dispute raised by a User booking an Experience with regard to such Experience, Travomate reserves the right to withhold the payment payable to the Chaperone till such reasonable time as it may take for Travomate to verify such claim or dispute as the case may be, and if on the basis of facts and evidence perused by Travomate it is found that the claim or dispute raised by such User is valid, Travomate reserves the right to forfeit the fee payable to such Chaperone for the Experience and penalise the Chaperone for quantifiable damages for reimbursement of all costs associated with such Experience. Repeated claims and disputes against Chaperones may also lead to a unilateral cancellation and expulsion of such Chaperone from the Site without prior notice.
  • Chaperones agree that the Experiences offered by them on the Site are contracts entered into by them with Users as independent contractors and in no event shall there be a partnership, employment or agency relationship between the Chaperone and Travomate/the Site. The Site shall act exclusively as a medium and aggregator for Chaperones and Users to interact at their own risk and liability.
  • All liability for contracting with a User and conducting an Experience vests exclusively and at all times, with the Chaperone. In no event shall Travomate be liable for any costs, damages, injury or claims associated with your booking/conducting an Experience offered on the Site.

Bookings

  • To book an Experience, a User must provide the complete payment as listed, in advance. Travomate would accept and register the booking on the understanding that full payment has been made. Such payment shall be collected and held by Travomate on behalf of the Chaperone and shall be released to the Chaperone after the Experience is provided to the User.
  • Users are advised to carefully check the price of each Experience and the break-up of the same. The break-up of the prices can vary from Experience to Experience. Please note that all prices are solely listed by the Chaperones and Travomate has no say in the same.
  • The Chaperone shall have the right to make any changes and corrections to the price relating to the products and services, as and when they consider it appropriate and without notice.
  • Upon confirmation of your booking and receipt of full payment, subject to availability and at the discretion of Travomate, we will reserve your seat for the desired Experience. It is the responsibility of the User to check the accuracy of the booking and the dates of travel. No refunds will be issued for mistakes made by the Participant during the booking process including the wrong date booked.
  • Upon confirmation of your booking, Travomate will issue you a confirmation email. It is your responsibility to keep and maintain record of your booking and confirmation.

Terms of Sale

  • No refunds will be provided after the occurrence of a scheduled Experience, whether or not User actually participated in the Trip.
  • A Chaperone shall have the right to change the date or time of a scheduled Experience at his / her own discretion as the same is subject to the Chaperone’s availability.

No Endorsement

  • Travomate does not endorse any Chaperone / User or any Experience listed by a Chaperone on the Site. Chaperones / Users are required by these Terms of Use to provide accurate information, and although Travomate may undertake additional checks and processes designed to help verify or check the identities or backgrounds of Chaperones / Users, we do not make any representations about, confirm, or endorse any Chaperone / User or the Chaperone’s / User’s purported identity or background.
  • Any references in the Site to a Chaperone or a User being “verified” (or similar language) only indicate that the Chaperone / User has completed a relevant verification process, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by Travomate about any Chaperone / User, including of the Chaperone’s / User’s identity and whether the Chaperone / User is trustworthy, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Site. We therefore recommend that you always exercise due diligence and care when deciding to book an Experience or hosting a User.

Cancellations

  • Any cancellation of bookings shall have to be done 48 hours in advance of the date of the scheduled Experience. In the event of no show by the User, Travomate reserves the right to forfeit the booking amount without any prior intimation.
  • Refunds on cancellations of an Experience made prior to the day of scheduled Experience, as listed in User’s e-mail confirmation, will be subject to additional terms and conditions related to the specific Experience. These additional terms and conditions may vary from each Experience.
  • If a Chaperone is unavailable to provide the Experience at the stated time and date, the User shall have the right to cancel and receive a refund based on applicable terms and conditions for refund.
  • Travomate shall not be held responsible for any delay, deviation, or cancellation of the Experience due to weather conditions. No Experience may be cancelled or changed by you at anytime on the basis of weather conditions. Travomate is not liable for any refund of booking amount in case of such cancellation.
  • Travomate shall not be held responsible for delays due to labour disputes (including strikes that are previously announced or spontaneous), border problems or other political or economic factors. Travomate shall not be liable for any refund of booking amount in case of cancellation for such reason.
  • Travomate shall not be held responsible for delays due to mechanical failure, or other issues that may arise and are outside our control.
  • Travomate shall not be held responsible for delays or cancellations due to hostile political environments or other issues that may arise due to this and are outside our control. Travomate at any time may deem it unsafe for Experiences to carried out by Chaperones in various destinations due to political unrest and may not be held responsible for these cancellations. Travomate shall not be liable for any refund of booking amount in case of cancellation for such reason.

Content

  • The information on this Site has been included in good faith and is for general informational purposes only. It should not be relied on for any specific purpose and no representation or warranty is given in relation to its accuracy or completeness.
  • Except for any personally identifiable information we may collect from you under the guidelines established in our privacy policy (“Privacy Policy”), any material, information or other communication you transmit, upload or post to this Site such as comments, suggestions, graphics, ideas (including product and advertising ideas), and other information or materials you submit to Travomate through this Site will become and remain the exclusive property of Travomate, including any future rights associated with such submissions, even if these terms and conditions are later modified or terminated. Travomate and its designees will be free to copy, disclose, distribute, incorporate and otherwise use such information and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes. This means that you disclaim any proprietary rights in such submissions, and you acknowledge Travomate’s unrestricted right to use them (or materials or ideas similar to them) in any medium, now and in the future, without notice, compensation or other obligation to you or any other person. It also means Travomate has no obligation to keep all such submissions confidential.
  • We reserve the right to make any changes and corrections to the content on this Site relating to information concerning launching of products and services, as and when we consider it appropriate and without notice.
  • Travomate takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Travomate liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, Travomate is not liable for any statements, representations or Content provided by its users in any public forum, personal home page, review, blog or other interactive area.

General Obligations

  • Travomate and the Site maintained by it uphold the values of tolerance and respect for others. For this reason, this Site shall not be used to convey racist, violent, xenophobic, malicious, obscene or illegal content.
  • By using this Site, you agree not to distribute any information that is (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) violates any law or regulation or (e) offensive or otherwise unacceptable to Travomate at its sole discretion.
  • You agree not to interfere with or damage our Site, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of- service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology.
  • You agree not to "stalk" or harass any other user of our Site or collect or store any personally identifiable information about any other user other than for purposes of transacting as Chaperone / User.
  • You agree not to impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity.
  • You agree not to use the Site to find a Chaperone / User and then complete a booking of an Experience independent of the Site, in order to circumvent the obligation to pay any consideration related to Travomate’s provision of services or for any other reasons.
  • You agree as a Chaperone not to submit any Listing with false or misleading price information, or submit any Listing with a price that you do not intend to honor;
  • You agree not to use, display, mirror or frame the Site or any individual element within the Site, Travomate’s name, any Travomate trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Site without Travomate’s express written consent.
  • You agree not to access, tamper with, or use non-public areas of the Site, Travomate’s computer systems, or the technical delivery systems of Travomate’s providers.
  • You agree not to avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Travomate or any of Travomate’s providers or any other third party (including another user) to protect the Site.
  • You agree not to advocate, encourage, or assist any third party in doing any of the foregoing.

Experience Obligations of the User

  • The User is obligated to ensure that he / she is carrying a valid form of photo identification (which includes where necessary, a valid passport, and all necessary visas, permits or certificates on your person for your selected trip). Travomate shall not be liable for any problems, delays or denied entry in the event you are not in possession of valid travel documents.
  • The User represents that it will at all times during the transaction process (from the time of booking till the Experience is completed) be in compliance with the the applicable laws and regulations of India including those relating to customs and foreign exchange control. Travomate shall not be liable for any such breach by the User during such time. If Travomate is made aware of any failure to comply with this clause, the booking of the User shall be cancelled and the User can be asked to leave the Experience. The User shall not be eligible for refunds under such circumstances.
  • There may be times when the Chaperone must make a decision for the safety and / or best interests of the User during an Experience. Please note that such decisions are solely at the discretion of the Chaperone and Travomate is not in any way liable for the same. It is recommended that the User comply with the authority and decisions of the Chaperone conducting the Experience. If you do not comply with the same, the Chaperone may reserve the right to refuse to allow you to continue with the Experience. The User agrees that the Chaperone has has the exclusive right to dispel you from a Experience at anytime for non-compliance with this clause, without any claims or complaints by you against Travomate. In such a case, Travomate will not be liable for any refund, compensation, or additional costs incurred by you.
  • It is your responsibility to strictly comply with the terms and conditions as may be prescribed by a Chaperone for each Experience. Please ensure that you read the said terms carefully prior to booking the Experience and undertaking the same.
  • Travomate shall not be held responsible for your personal belongings at any time including while in the arranged accommodations as well as out in the visited city. Travomate cannot be held responsible for loss, theft or damage to any of your personal belongings, regardless of the circumstances.
  • The Experiences offered by Chaperones on the Site may be adventurous in nature and may involve some personal risk. The User is advised to carefully analyse the activities involved in an Experience and discuss such risks with the Chaperone. The User agrees that Travomate is released from and is not liable for all such risks (release from all claims & causes of action arising from any damages or injuries or death, resulting from these inherent risks).
  • Users who do drink alcohol, regardless of age, do so at their own risk and accept full responsibility for their actions as the result of such activity. Travomate is not liable or responsible for any results, consequences, damages, fines, etc. arising out of such activity, including but not limited to, personal injury or death, property damage, imprisonment, fines, expulsion from tours, or any other negative consequences. Travomate strongly encourages tour members to always act responsibly and in compliance with all local and federal laws and guidelines.

Third Party Links

  • In an attempt to provide increased value to our visitors, this Site may contain links to other websites on the Internet that are owned and operated by third parties ("External Sites"). However, even if the third party is affiliated with Travomate, Travomate has no control over these External Sites, all of which have separate privacy and data collection practices, independent of Travomate. Travomate has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such External Sites. These External Sites are only for your convenience and therefore you are advised to access them at your own risk.
  • Such links do not imply that Travomate sponsors, endorses, is affiliated with or associated with, or has been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such External Sites. Nonetheless, Travomate seeks to protect the integrity of its Site and the links placed upon it and therefore requests any feedback on not only its own Site, but also for External Sites (including if a specific link does not work). You should contact the Site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.
  • In no event shall we be liable, directly or indirectly, to you or any other person or entity for any loss or damage arising from or occasioned by the creation or use of the External Sites or the information or material accessed through these External Sites.
  • In addition to the above, you may link to our Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. We reserve the right to withdraw linking permission without notice.

Social networking services:

  • You may enable or log in to the Site via various online third party services, such as social media and social networking services like Facebook or Twitter (“Social Networking Services”). By logging in or directly integrating these Social Networking Services into the service on the Site, we make your online experiences richer and more personalized. To take advantage of this feature and capabilities, we may ask you to authenticate, register for or log into Social Networking Services on the websites of their respective providers. As part of such integration, the Social Networking Services will provide us with access to certain information that you have provided to such Social Networking Services, and we will use, store and disclose such information in accordance with our Privacy Policy. For more information about the implications of activating these Social Networking Services and Travomate’s use, storage and disclosure of information related to you and your use of such services within Travomate (including your friend lists and the like), please see our Privacy Policy. However, please remember that the manner in which Social Networking Services use, store and disclose your information is governed solely by the policies of such third parties, and Travomate shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the service. In addition, Travomate is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, Travomate is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. Travomate enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.

Typographical Errors

  • In the event an Experience or any other service is listed at an incorrect price due to a typographical error or error in pricing information received from a Chaperone or supplier, Travomate shall have the right to refuse or cancel any orders placed for product or service listed at the incorrect price. Travomate shall have the right to refuse or cancel any such orders, whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Travomate shall issue a credit to your credit card account of the amount of the incorrect price.

User Participation

  • Travomate does not and cannot review all communications and materials posted to or created by users accessing the Site, and Travomate is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user generated content on the Site, Travomate is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Site.
  • Notwithstanding the above, Travomate reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) violates any law or regulation or (e) offensive or otherwise unacceptable to Travomate at its sole discretion.

Delivery and Payment policy:

  • Travomate shall charge a commission at the rate of 20% of the Booking amount for an Experience, exclusive of taxes and any other statutory levies and shall at all times make payments to Chaperones for their experiences after deducting its commission.
  • The Refund policy followed by the Travomate for cancelled Experiences shall be as follows:
    • In case an experience is cancelled 48 hours before the time booked - 100% refund
    • In case an experience is cancelled 24 hours before the time booked - 80% refund
    • In case an experience is cancelled 18 hours or before the time booked - 60% refund
    • In case an experience is cancelled 12 hours or before the time booked - 50% refund
    • In case an experience is cancelled 0-12 hours before the time booked- NO refund

Disclaimer

  • IF YOU CHOOSE TO USE THE SITE, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT TRAVOMATE DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY USER/ CHAPERONE, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SITE ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, TRAVOMATE EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, FREEDOM FROM COMPUTER VIRUS, WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR NON- INFRINGEMENT. AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. TRAVOMATE MAKES NO WARRANTY THAT THE SITE INCLUDING BUT NOT LIMITED TO THE LISTINGS OF ANY EXPERIENCES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR- FREE BASIS. TRAVOMATE MAKES NO WARRANTY REGARDING THE QUALITY OF ANY EXPERIENCES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY LISTINGS ON THE SITE. TRAVOMATE REITERATES THAT IT MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY EXTERNAL SITES.
  • TRAVOMATE DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
  • NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM TRAVOMATE OR THROUGH THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. VISITORS TO THE SITE AGREE THAT THEIR USE OF, AND RELIANCE ON ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH, THE SITE IS AT THEIR OWN SOLE RISK.
  • YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY HOSTS OR GUESTS. YOU UNDERSTAND THAT AIRBNB DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES OR TO REVIEW OR VISIT ANY ACCOMMODATIONS. AIRBNB MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, GUESTS AND HOSTS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY AIRBNB. NOTWITHSTANDING AIRBNB’S APPOINTMENT AS THE LIMITED PAYMENT COLLECTION AGENT OF THE HOSTS FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM GUESTS ON BEHALF OF THE HOSTS, AIRBNB EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY GUEST OR OTHER THIRD PARTY.
  • IN SOME INSTANCES, CONTENT MADE AVAILABLE ON THE SITE MAY REPRESENT THE OPINIONS AND JUDGMENTS OF PROVIDERS OR USERS, SUCH AS USER CONTENT. WE AND OUR AFFILIATES DO NOT ENDORSE NOR SHALL WE OR THEY BE RESPONSIBLE OR LIABLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE ON THE SITE BY ANYONE OTHER THAN OUR AUTHORIZED EMPLOYEES ACTING IN SUCH CAPACITY.

Limitation of Liability

  • YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, YOUR LISTING OR BOOKING OF ANY EXPERIENCE VIA THE SITE AND ANY CONTACT YOU HAVE WITH OTHER USERS / CHAPERONES OF TRAVOMATE WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER TRAVOMATE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE WILL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH: (I) THESE TERMS OF USE; (II) THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE SITE OR ANY CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE; (III) ANY CLAIM (INCLUDING FOR PROPERTY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM) ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF, THE SITE OR THE EXTERNAL SITES, OR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR OTHER MATERIALS AVAILABLE ON OR THROUGH THE SITE OR EXTERNAL SITES; (IV) FROM THE USE OF OR INABILITY TO USE THE SITE FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS / CHAPERONES OF THE SITE OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE; (V) OR FROM YOUR LISTING OR BOOKING OF ANY EXPERIENCE VIA THE SITE WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OTHER LEGAL THEORY, AND WHETHER OR PRODUCT LIABILITY OR ANY NOT TRAVOMATE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
  • EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE CHAPERONES PURSUANT TO THESE TERMS, IN NO EVENT WILL TRAVOMATE’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING OR BOOKING OF ANY EXPERIENCE VIA THE SITE OR FROM THE USE OF OR INABILITY TO USE THE SITE AND IN CONNECTION WITH ANY EXPERIENCE OR INTERACTIONS WITH ANY OTHER USERS EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE SITE IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE A CHAPERONE, THE AMOUNTS PAID BY TRAVOMATE TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR RS. 500, IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN TRAVOMATE AND YOU. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. AS SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, LIABILITY FOR CONSEQUENTIAL OR THE EXCLUSION OR LIMITATION OF OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
  • EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE CHAPERONES PURSUANT TO THESE TERMS, IN NO EVENT WILL TRAVOMATE’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING OR BOOKING OF ANY EXPERIENCE VIA THE SITE OR FROM THE USE OF OR INABILITY TO USE THE SITE AND IN CONNECTION WITH ANY EXPERIENCE OR INTERACTIONS WITH ANY OTHER USERS EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE SITE IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE A CHAPERONE, THE AMOUNTS PAID BY TRAVOMATE TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR RS. 500, IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN TRAVOMATE AND YOU. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. AS SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, LIABILITY FOR CONSEQUENTIAL OR THE EXCLUSION OR LIMITATION OF OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
  • By informing the User of or facilitating any arrangements involving any Experience, Travomate does not represent or warrant that travel to those destinations or participation in those activities is advisable or without risk. Informing user of specific risks associated with particular destinations or activities, does not constitute a representation or warranty that there are not other risks associated with those destinations. The User acknowledges and agrees that Travomate is not liable for any damages or losses (including but not limited to any property damage, theft, personal injury, illness, or death) that may occur during or result from any travel or associated activities. The User will be in the best position to evaluate current conditions and determine the relative safety and wisdom of the User’s actions while travelling and the User must use independent judgement and caution when choosing whether to participate in particular activities.

Indemnification

To the fullest extent permitted by applicable law, you agree to defend and indemnify us and hold us harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal costs and expenses) arising from:
  • Your use of and access to our Site including any loss resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our Site infrastructure;
  • Your violation of any of these Terms of Use; or
  • Your violation of any third party right, including without limitation any intellectual property, property, or privacy right.

Disputes

  • By using the Site, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of Users or Chaperones will be limited to a claim against the particular User / Chaperone or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from Travomate with respect to such actions or omissions. This limitation shall not apply to any claim by a Chaperone against Travomate regarding the remittance of payments received from a User by Travomate on behalf of a Chaperone.
  • To the fullest extent permitted by applicable law, any dispute, differences or claim arising out your visit to the Site shall be referred to the sole arbitrator appointed by Travomate in accordance with the law. The venue of such arbitration shall be at New Delhi, India and the award of the arbitrator shall be final and binding on all parties and may be entered as a judgment in any court of competent jurisdiction. To the extent arbitration is not permitted by applicable law, any dispute relating in any way to your visit to the Site shall be submitted to an appropriate court or other judicial body in India, as applicable, without prejudice to the applicable law and all applicable provisions of this Section, and subject to our right to seek injunctive or other appropriate relief in any court, if you have in any manner violated or threatened to violate our intellectual property rights and you consent to exclusive jurisdiction and venue in such courts.
  • With respect to any dispute regarding the Site, all rights and obligations and all actions contemplated by these Terms of Use shall be heard before the courts of New Delhi, India, as if the Terms of Use were a contract wholly entered into and wholly performed within New Delhi, India, subject to foreign legal mandatory provisions.

Termination

  • You agree that Travomate, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the service and remove and discard any content within the service, for any reason, including, without limitation, for lack of use. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of service, may be referred to appropriate law enforcement authorities. Travomate may also in its sole discretion and at any time discontinue providing the service, or any part thereof, with or without notice.
  • You agree that any termination of your access to the service under any provision of this Terms of Use may be effected without prior notice, and acknowledge and agree that Travomate may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the service. Further, you agree that Travomate will not be liable to you or any third party for any termination of your access to the service.

Applicable Law

  • The Terms of Use herein shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in New Delhi.
  • Travomate makes no representation that materials / products on the Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal or is prohibited. Those who choose to access this Site from locations outside India may do so on their own initiative and are responsible for compliance with applicable local laws.

General

  • Travomate may revise these Terms of Use at any time by updating this posting. You should visit this page from time to time to review the current Terms of Use because the same shall be binding on you. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages of this Site.
  • If any provision of these Terms of Use is found to be unenforceable or invalid, the remaining provisions of these Terms of Use shall be unaffected thereby and shall remain in full force and effect to the fullest extent permitted by applicable law.
  • The failure of either party to exercise in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Use, and neither party has any authority of any kind to bind the other in any respect.
  • The headings and section titles in these Terms of Use are for convenience only and have no legal or contractual effect.

Reporting Misconduct

  • If you undertake an Experience with or host anyone for an Experience who you feel is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Travomate at makemechaperone@Travomate.com; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.

Privacy

  • We have developed a Privacy Policy in order to inform you of our practices with respect to the collection, use, disclosure and protection of personal information furnished by you on the Site. You can find the Privacy Policy, By virtue of your using this Site, you agree to the terms of the Privacy Policy.

Complete agreement

  • These Terms of Use, along with the Privacy Policy, constitutes the entire agreement between you and us with respect to the Site and any user content, and supersedes all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to those matters.

Modification of the Terms of Use

  • We may modify the provisions of the Terms of Use, to comply with any such new legislation and regulations thereunder and / or to improve the Site. Any changes so made will be incorporated in these Terms of Use.

Severance and Waiver

  • User acknowledges and agrees that if any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. Furthermore, if any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision.
  • The Site's failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Site.