This document is an electronic record in terms of Information Technology Act, 2000 and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and terms of use for access or usage of the Application.
These Terms of Use along with the End-User License Agreement, Privacy Policy and Disclaimer (“Terms”) provided on the Application (as defined below) govern your use of the application, links, content, software including but not limited to the Services, any and all services offered on the Application titled ‘Traferr’ available for use on Google Play store and Apple Ios Store
These Terms govern your use of this Application; by using this Application, you accept these Terms in full. If you disagree with these Terms or any part of these Terms, you must not use this Application.
Definitions:
Application shall mean to include the mobile application titled Traferr including without limitation the software, computer program, algorithms, third-party software, etc.
The term ‘Novazrehh Tech Solutions Private Limited’ or “the Company” ‘us’ or ‘we’ refers to the owner of the Application whose registered office is Behram Baug, Jogeshwari West, Mumbai -400102.
The term ‘you’ refers to the user including without limitation Traveler / Localite , customer or viewer of this Application.
Services shall mean to include the Application, travel guidance, advice, information, computer software programs, documentation, data, databases and other proprietary materials that belong to the Company or its licensors.
Localite shall mean a user who has volunteered to virtually or physically guide Traveler/s within the Territory and in accordance with the Terms.
Traveler/s shall mean a user who has engaged the services of Localites via the Application only.
Territory shall mean the territory/location of travel for which the Traveler/s has/have engaged the Localites.
The use of this Application is subject to the following terms of use:
Please review these Terms carefully before using the Services because they affect your rights. By using any of the Services, you accept these Terms and agree to be legally bound by them.
1. ALTERATIONS TO THE TERMS OF USE:
We may change these Terms at any time without notice. You can review the most current version of these terms by clicking on the drop down menu on our website. You are responsible for checking these Terms for changes periodically. If you continue to use the Application after we post changes to these Terms, you are signifying your acceptance of the updated Terms.
2. RIGHT TO CHANGE:
We reserve the right to discontinue or change any service or feature on the Application at any time and without notice.
3. YOUR RESPONSIBILITIES/LIABILITIES:
You may use the Application for lawful purposes only. You may not submit or transmit through the Application any material, or otherwise engage in any conduct that:
a. violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights;
b. is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another’s privacy, tortious, or contains explicit or graphic descriptions, or accounts of, sexual acts;
c. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
d. impersonates any person, business or entity, including the Company and its employees and agents;
e. contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
f. encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
g. Violates these Terms of Use, guidelines or any policy posted on Application, or interferes with the use of the Application by others.
h. You may not use the Application in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party’s use and enjoyment of Application.
i. You may not attempt to gain unauthorized access to the Services, any services, user accounts, computer systems or networks, through hacking, password mining or any other means. We may take any legal and technical remedies to prevent the violation of this provision and to enforce the Terms.
4. SPAM:
You may not use the Application or any of our communication tools to transmit, directly or indirectly, any unsolicited bulk communications (including but not limited to e-mails and instant messages). You may not harvest information about our users for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications. You may not induce or allow others to use the Application to violate the terms of this section. We may terminate your access or use of the Application immediately and take any other legal action if you, or anyone using your access to the Application violates these provisions and/or the Terms. We may take any technical remedies to prevent unsolicited bulk communications from entering, utilizing, or remaining within our computer or communications networks.
5. PROPRIETARY RIGHTS
a. We, our suppliers, and our users who lawfully post text, messages, information, software, images, audio and video, etc. (“Content”) on the Application own the property rights to that Content. The Content is protected by international treaties, and by copyright, trademark, patent, and trade secret laws and other proprietary rights. For example, we own a copyright in the selection, organization, arrangement, and enhancement of the Content, as well as in our original Content. The look and feel of our colour combinations, button shapes, and other graphical elements on the Application are our trademarks.
b. This Application contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics and its reproduction is prohibited.
6. LICENSE TO USE
a. Unless otherwise stated, the Company and/or its licensors own the intellectual property rights in the Application and material on the Application. Subject to the license below, all these intellectual property rights are reserved. You may view, download for caching purposes only, and print pages from the Application for your own personal use, subject to the restrictions set out below and elsewhere in these Terms.
b. Access to, and use of your user account is strictly limited to you as the registered and authorized user. Accordingly, you should not share your username and password with anyone. Prior to making a purchase, you must check a box certifying that you (1) are the registered and authorized user of your user account, (2) are at least 18 years old, and (3) are truthfully disclosing and sharing your government issued ID for verification . Failure to comply with any of these requirements will result in forfeiture of all winnings.
c. You must not:
i. republish material from this Application (including republication on another website);
ii. sell, rent or sub-license material from the Application;
iii. show any material from the Application in public;
iv. reproduce, duplicate, copy or otherwise exploit material on this Application for a commercial purpose; re-distribute material from this Application except for content specifically and expressly made available for redistribution;
v. Where content is specifically made available for redistribution, it may only be redistributed within your organization; and/or
vi. Any such use of the Application and/or its material, otherwise which shall be opposed by us.
d. On request of registration information from you to set up a user account, you must provide us with accurate and complete information and must update the information when it changes.
e. You are responsible for maintaining the confidentiality of your user account login names , identity and passwords, and must not permit use of your account by anyone. You accept responsibility for all activities, charges, and damages that occur under your account, including unauthorized use of your account. If you have reason to believe that someone is using your account without your permission, you should contact us immediately. We are not responsible for any loss or damage resulting from unauthorized use. Further, a user found defaulting by submitting erroneous or inaccurate information either by reporting of such user or otherwise, such user shall be blocked immediately and permanently with no refund for fees paid, if any.
f. The user or viewer must have an _Android / iOS /Windows / supported mobile/ laptop / tablet / device with wi-fi, 3G/4G or higher connectivity for using or viewing the Application.
g. The user or viewer shall bear all data charges for the use or view of the Application as charged by their respective network carrier/s.
h. Sweepstakes, contests, and promotions on the Application may also have additional rules and eligibility requirements, such as certain age, amount of purchase, geographic area restrictions, etc. You are responsible for complying with these rules and requirements.
i. We store and process your information including any sensitive personal, health and financial information collected (as defined under the Information Technology Act, 2000), if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and Rules there under. Our current Privacy Policy is available at https:// www.traferr.com. If you object to your information being transferred or used in this way please do not use the Application. However, in event any such details/information are exchanged between the Localite/s and Traveler/s, the disclosing party of any such sensitive personal, health and financial information shall be held solely and wholely responsible for any defaults arising due to such disclosure by the disclosing party.
j. If there are more than 3 (three) complaints against the Localite, legal or reparatory action will be undertaken by the Company. The level of complaints shall be decided by the Company. Gender fraud shall lead to the Localite/s or Traveler/s suspension immediately. Furthermore, conduct , information flow and assistance shall be rated and defaulting Localite/s or Traveler/s shall be tutored, failing which termination of the Localite/s services shall be sought.
7. TRANSACTION:
a. Any transaction both effected and completed through the Application will apply to such Terms.
b. We have no direct involvement in transactions between users having connected other than through the Application and shall have no liability in case of any defaults arising in such cases. Our role is only of a facilitator to provide Localite/s and Traveler/s with a platform to agree to provide information and a first point of contact in case of an emergency to assist only. We do not post the offers advertised on the Application.
c. You acknowledge that we:
i. are not the owner of the goods and/or services being sold;
ii. will only get involved with any dispute between Localite/s and Traveler/s to the extent specified; and
iii. are not responsible in any way if any offers displayed and subsequently sold via this Application prove unsatisfactory.
d. We are not responsible for ensuring that Localite/s and Traveler/s complete a transaction and make no guarantees whatsoever to the Localite/s that their information, if any, will be accessed if communicated on our Application.
e. At this point, all parties are subject to the Terms.
f. Unless otherwise stated, all payments are quoted in Indian Rupees. The Traveler is responsible for paying all fees as well as all applicable taxes for using the services of the Application as quoted at the download link of the Google Play store and Ios Store link of the Application.
g. Further, we are not responsible for any loss or damage arising directly or indirectly to you due to lack of authorization for any/a transaction, exceeding the preset limit mutually agreed by you and between your bank/s, or any payment issues arising out of the transaction, or decline of transaction for any other reason/s. using third party banking/money exchange services.
h. We reserve the right to cancel any request at Company’s sole discretion, under a situation where we are not able to meet the requirement of the request placed or request so placed/cancelled does not comply with our policies or for any other reason. However, we will ensure that any communication of cancellation of a request, so cancelled, is intimated within appropriate time to the concerned person and any applicable refund will be made in reasonable time.
8. TRANSACTION PRICE:
a. The Company shall charge fees for subscribing to complete access to the services made available by the Company. This shall be valid for a period as per the subscription plan chosen through the Application by the Traveler/s. The subscription shall be further subject to automatic renewal and deduction of fees for such term as per the initial subscription plan chosen through the Application by the Traveler/s. The subscriber may choose to cancel the subscription at any time subject to the cancellation and refund policy below.
b. If the customer believes that the Company has billed the customer incorrectly, customer shall contact the Company within 7 days from the issue of such bill, in order to receive an adjustment or credit, if found valid. Refunds are on a case-by-case basis and at the Company‘s sole discretion.
9. LOCALITE
a. The Application will act as a virtual marketplace for the Localite/s goods and/or services as agreed to under these Terms.
b. The payment will be made to the Localite/s within 30 (thirty) days from successful completion and payment towards a transaction for the Localite/s’s goods and/or services for a request placed on the Application at the price as agreed mutually between the Localite and the Company.
c. All payments are subject to applicable taxes to be borne by each party individually.
d. Any reverse shipping charges and/or any overhead costs directly related to the Localite/s’s goods and/or services shall be borne by the Localite/s.
e. Any default in the fulfilment of any requests due for any reason whatsoever will be charged at 18% (Eighteen Percent) of the value on total invoice/bill.
f. The Company shall make payments as per the mutually agreed written terms.
g. The Localite/s represents and warrants that the Localite/s has right to use the name under which the Localite/s is identified and registered.
h. The Localite/s shall comply with all applicable laws and regulations.
i. The Localite/s shall co-operate with the Company to provide the offers, offer details and description, offer price, images and also maintain limitations on the offer for the purpose of the Application and Terms.
j. The Localite/s shall provide images, videos, brochures, such other promotional materials, etc. for the purpose of display in any Company participated exhibition. The Company shall give information of such requirement to the Localite/s 15 (fifteen) days in advance
k. The Localite/s understands that the selection of the material to be displayed for promotion or otherwise on the Application shall be decided by the Company unless mutually agreed upon in writing.
l. The Localite/s represents that the offers sold and/or displayed are as per industry standard and do not violate or infringe any intellectual property rights and/or third party rights
m. The Localite/s shall take all reasonable steps to maintain the brand reputation and goodwill of the Company and Application.
n. The Localite/s will be solely responsible for the use and consumption of the Localite/s’s goods and/or services and any and all content uploaded and/or used and/or on the Application in relation to the Localite/s’s goods and/or services. The Localite/s allows the Company to use/exploit the content uploaded by the Localite/s on the Application until the termination and/or expiration of these Terms.
o. The Localite/s’s performance under these Terms will not violate or conflict with any other agreement to which the Localite/s is a party to.
p. The Localite/s shall not use the Application services, directly or indirectly, for any fraud or to interfere with the use of the Application services.
q. The Localite/s shall not directly or indirectly contact or communicate with the Traveler/s of the Application for a period of 2 (two) years from the date of termination of the Travel Localite/s’s association with the Application and the Company.
r. The Localite/s shall provide all documents and/or detailed information as required by the Company from time to time and shall warrant the truthfulness and accuracy of the same.
s. The Localite/s shall maintain confidentiality of any and all information shared by the Company, at all times.
t. The Localite/s shall be held responsible for any legal action that due to any default arising out of the use and/or consumption of the Localite/s’s goods and/or services and the breach of the Terms and the Localite/s shall indemnify the Company from all actions that may arise as a result of such breach or any default or act of fraud.
u. The Localite/s will promote the Application’s service and its association with the Application through the display of the poster provided by us for display at prominent locations of the Localite/s’s outlet, if any and or in any manner otherwise as required by the Company.
10. SECURITY RULES:
a. Users are prohibited from violating or attempting to violate the security of the Application, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Application, overloading, “flooding”, “spamming”, “mail bombing” or “crashing”, (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and co-operate with, law enforcement authorities in prosecuting users who are involved in such violations.
b. This Application is designed for parties who can legally make binding contracts under applicable law..
c. You are also expected to follow all laws and regulations that may be associated with any of the activities involved with the use of the Application. You are also expected to pay for any statutory fees or applicable taxes that may be associated with the activities from this Application.
11. UPGRADES/DOWNGRADES/CREDITS/REFUNDS:
a. If the customer upgrades to a higher value plan, the customer is charged the new plan rate on a pro-rata basis to be included their next scheduled billing cycle. All annual accounts are pre-paid in full at time of purchase or upgrade.
b. No credit is given if customer downgrades to a lesser value plan within scheduled payment.
c. All new charges are applied to next billing cycle.
d. Downgrades occur immediately at time of downgrade. Customer agrees and acknowledges there is no downgrading of an account in the same billing cycle as an upgrade.
e. If the customer chooses to cancel their account they must cancel before next billing cycle to avoid scheduled charges in case of recurring billings. Refunds are on a case-to-case basis and at the Company’s sole discretion.
12. MONITOR:
You agree that we are not liable for the Content that is provided by others. We have no duty to pre-screen Content, but we have the right to refuse to post or to edit submitted Content. We reserve the right to remove Content for any reason, but we are not responsible for any failure or delay in removing such material.
13. PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
We respect the intellectual property of others. If you believe that your work has been copied and is accessible on the Application in a way that constitutes copyright infringement, please contact us to report the possible copyright infringement.
14. HYPERLINKS
Application may include links to third party websites, including links provided as automated search results. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. These links do not mean that we endorse these third party sites or services. You acknowledge and agree that we are not responsible or liable for any Content or other materials on these third party sites. Any dealings that you have with advertisers found on Application are between you and the advertiser and you acknowledge and agree that we are not liable for any loss or claim you may have against an advertiser. You may not create a link to this Application from another Application or document without the Company’s prior written consent.
15. DISCLAIMER OF WARRANTIES:
a. We provide the Application “as is” and “as available.” We make no express warranties or guarantees about the Application. To the extent permitted by law, we and our suppliers and affiliates disclaim implied warranties that the Application and all software, Content, Services, any services and products distributed through the Application are merchantable, of satisfactory quality, accurate, timely, fit for a particular purpose or need, or non-infringing.
b. Without prejudice to the generality of the foregoing paragraph, we does not warrant that:
i. this Application will be constantly available, or available at all; or
ii. the information on this Application is complete, true, accurate or non-misleading
c. Nothing on this Application constitutes, or is meant to constitute, advice of any kind.
16. LIMITATION OF LIABILITY:
Your sole and exclusive remedy for any dispute with us is to discontinue your use of the Application. Our liability, or the liability of our affiliates and our suppliers for any and all claims relating to the use of the Application is limited to the amount of charges/fees, if any, paid by you to the Company for a specific service. We, our affiliates, and our suppliers shall not be liable for any direct, indirect, special, incidental, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses arising (in any manner whatsoever, including but not limited to negligence) out of or in connection with the Application, Services, services provided through the payment gateway on the Application or any other services of the Application arising from your use of, inability to use, or reliance upon Application. The Company, its associates, affiliates, service providers and technology partners make no representation or warranties about the accuracy, reliability, completeness and/or timeliness of any content, information, software, text, graphics, links or communications provided or on through the use of the Application or that the operation of the Application will be error free and/or uninterrupted. The company provides no guarantee to its users in respect of the products sold on the Application. We assume no liability whatsoever for any monetary or other damage suffered by you due to delay, failure, interruption, or corruption of any data or other information transmitted in connection with the use of the Application.
17. INDEMNIFICATION:
Upon a request by us, you agree to defend, indemnify, and hold harmless us and our affiliated companies, and our respective employees, contractors, officers, directors, and agents from all liabilities, claims, demands and expenses, including attorney’s fees, and penalties imposed, if any, that arise from your use or misuse of the Application, breach of the Terms including rules and policies incorporated herein under any applicable law.
18. INTERNATIONAL USE:
We make no representation that the Content on the Application is appropriate or available for use in locations outside India, and accessing it from territories where the Content is illegal and/or prohibited. If you choose to access the Application from a location outside India, you do so, on your own initiative and you are responsible for compliance with local laws.
19. BREACHES OF THESE TERMS OF USE:
a. Without prejudice to the Company’s other rights under the Terms, if you breach these Terms in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the Application, prohibiting you from accessing the Application, blocking computers using your Internet Protocol address from accessing the Application, contacting your internet service provider to request that they block your access to the Application and/or bringing court proceedings against you.
b. Further, it is clarified that unauthorised use of this Application may give rise to a claim for damages and/or be a criminal offence.
20. SEVERABILITY:
This contract and any supplemental terms, policies, rules and guidelines posted on Application constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of the Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
21. TERMINATION:
Your right to use the Application automatically terminates if you violate these Terms or any rules or guidelines posted in connection with the Application. We also reserve the right, in our sole discretion, to terminate your access to all or part of the Application, for any reason, with or without notice.
22. GOVERNING LAW AND JURISDICTION:
a. These Terms and all claims arising from or related to your use of the Services will be governed by and construed in accordance with the laws of India and Courts in Mumbai shall have the exclusive jurisdiction.
b. Notwithstanding any other provision of these Terms, we may seek injunctive or other equitable relief from any court of competent jurisdiction.
23. MISCELLANEOUS:
a. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
b. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in additional terms of use for areas of the Application, such as a particular “Legal Notice,” or software license or material on particular web pages, these Terms constitute the entire agreement between you and us with respect to the use of the Application.
c. No changes to these Terms shall be made except by a revised posting on this page.
d. You confirm that you are above the age of 18 and shall be able to use the application only under above consent .
If you do not agree to these Terms, you should immediately cease using the Application. If you want to delete your account on the Application, please use contact instructions posted on the Application at which you obtained the account.