Welcome to www.trawork.com website, mobile application, web browser and such properties located at www.trawork.com (“Website/(s)”), owned and operated by Trawork LLP, a company incorporated and existing in accordance with the laws of India, Sanewadi, Baner, Pune, Maharashtra 411045.
For the purpose of these Terms, wherever the context so requires “You” or “User” shall mean any natural or legal person who browses the Website; contribute, submits, transmits and/or posts his/her Content to or through the Website and/or confirm a transaction by providing Registration Data on the Website. Here, “Content” means any information, text, links, graphics, photos, audio, videos, data, code or other materials or arrangements of materials that you can view on, access or otherwise interact with on the Website. “Your/User Content” means Content that you submit or transmit to, through, or in connection with the Service, such as videos, articles, photos, commentary, ratings, reviews, chats, discussions, invitations, messages, and information that you publicly display through your account on the Website.
The Company may allow a user to browse the Website without registration at its sole discretion. At the time of registration, you shall ensure that the account information provided by you in the registration form is complete, accurate and up-to-date. Use of another user’s account information is expressly prohibited.
The Company may offer many products or services through its Website based on terms and conditions applicable to such products or services made available by various suppliers/service providers. The Company may allow User to display Your Content on the Website based on terms decided at its sole discretion; provide travel-related Content on the Website and allow User to interact on the Website in various forms based on such conditions decided at the sole discretion of the Company, time to time (“Services”).
You will be required to share your personal details to access the Website by registering on our Website and the information collected shall be referred to as “Registration Data” hereinafter. You agree that you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or mobile to prevent unauthorized access to your account when you use this Website.
The Website grants you a limited sub-license to access and make personal use of the content therein and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of the Company.
You agree to accept responsibility for all activities that occur under your account or password.
You should take all necessary steps to ensure that the password is kept confidential and secure and should inform the Company immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner. Please ensure that the details you provide the Company are correct and complete and inform Company immediately of any changes to the information that you provided while registering.
This license does not include any resale or commercial use of this Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Website or its contents; any downloading or copying of account information for the benefit of another third party; or any use of data mining, robots, or similar data gathering and extraction tools. This Website or any portion of it may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of the Company.
Company reserves the right to refuse access to the Website, terminate accounts, remove or edit content at any time without notice if Company has a reasonable belief that your account is being used for unauthorized purposes.
Company will make best efforts to safeguard the confidentiality of your personally identifiable information available with it, but transmissions made by means of the internet cannot be guaranteed or made absolutely secure. By using this Website, you agree that Company shall not be liable for disclosure of your information due to errors in transmission or unauthorized acts of third parties. Without prejudice to the foregoing, you agree that Company shall not be held liable or responsible for 'phishing attacks' on you. User agrees that User shall not use/access this Website from unsecured computers, unsecure communication links, unsecure mobile phones. You may accept or decline the cookies when you access Website. It is the User’s responsibility to set your browser to alert you to accept or to reject cookies.
The User agrees, acknowledges and confirms that before making any transaction, the User shall check the service description, service conditions and price carefully. You agree to be bound by the terms of service included in the description of the services which the supplier/service provider will offer on the Website. You shall only confirm the transaction after fully satisfying yourself with the price, description, amenities etc., as has been displayed on Website.
Company shall not be responsible for the unsatisfactory or delayed performance of services or damages or negligence or deficiency as a result of supplier/service provider act’s or omissions.
Company reserves the right to make, at its sole discretion, any modifications or changes whatsoever to the Website or the information, listings or services described on the Website at any time. Such modifications or changes shall be effective immediately when they are made.
If you are not agreeable to all the Terms in their entirety, you must not use this Website and should exit/logout immediately. Your use of the Website implies that you agree with the Terms in their entirety. You agree, acknowledge and recognize that the contract of sale/ transaction with the supplier/service provider is governed exclusively by laws of India and is subject to the exclusive jurisdiction of the courts in New Delhi to the exclusion of all other courts.
You hereby represent and warrant that you are at least eighteen (18) years of age or above and are capable of entering, performing and adhering to these Terms and that you agree to be bound by these Terms. While individuals under the age of 18 may utilize/browse the Website, they shall do so only with the involvement, guidance and supervision of their parents and/or legal guardians, under such parent/legal guardian’s registered account. Company reserves the right to terminate User’s access to and refuse to provide User with access to the Website if Company discovers that User is under the age of 18 years.
Company provides Services on the Website subject to complete adherence to the Terms by the User. By accessing, viewing, or using this Website, you acknowledge, declare, confirm and represent & warrant to Company that you have read and understood the Terms and accept them as an agreement as a binding legal contract equivalent of a duly signed contract binding on you. This agreement is effective immediately upon your accessing, viewing, or using this Website. You are advised to regularly check for any amendments or updates to the Terms mentioned herein from time to time. Company may add to or change, update these Terms from time to time entirely at its sole discretion. Your use of the Website and any amendment to the Terms shall constitute your acceptance of these Terms and you agree to be bound by any such changes/revisions/amendments. The Company shall not be obliged to notify you, irrespective of the fact that you are registered or not, of any modifications made to the Terms. Your access to the Website for making a transaction, posting Your Content on the Website or for mere browsing is subject to the most current version of the Terms appearing on the Website at the time of such use.
It may please be noted that by agreeing to these Terms, you shall be bound by the following policies of the Website:
LIMITED ROLE OF THE COMPANY:
The Company is an online marketplace and it acts as a facilitator between the Users any other third party including bloggers, suppliers, service providers etc., for interaction through the Website. Company hereby clarifies and the User agrees and understands that Company is not the owner of the services which the blogger/supplier/service provider provides and will not be liable for any deficiency of service or unfair trade practices conducted by such party. It is hereby further clarified that Company is a separate and independent entity and does not work as a representative or agent of the blogger/supplier/service provider. Any interaction or transaction shall be strictly between the User and supplier/service provider. Company shall not be responsible and shall not be required to mediate or resolve any dispute or disagreement between User and the blogger/supplier/service provider. In no event, shall Company be made a party to dispute between User and the blogger/supplier/service provider.
USER CONDUCT ON WEBSITE:
You shall solely be responsible for maintaining the necessary computer or mobile equipment and Internet connections that may be required to access, use and transact on the Website.
You acknowledge that you only have a limited right merely to use the Website and that you have no right to modify any part of the Website or reproduce, copy, distribute, sold, resold or access the same for commercial purposes illegally.
You are also under an obligation to use this Website for reasonable and lawful purposes only, and shall not indulge in any activity that is not envisaged through the Website. You shall use the Website, and any voucher/coupons/credit points/other benefits obtained through it, for personal, non-commercial use only and shall not re-sell the same to any other person.
You may not use any meta-tags or any other “hidden text” utilizing the Company/Website or its affiliates' names or trademarks or logo without the express written consent of Company/ Website and/or its affiliates, as applicable.
You must not use the Website for any of the following:
for fraudulent purposes, or in connection with a criminal offence or other unlawful activity;
to send, use or reuse any material that does not belong to you; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libellous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties, or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any “spam” to cause annoyance, inconvenience or needless anxiety; or
Use or reproduce the exclusive Intellectual Property of the Company in any way without written consent from the Company.
The User hereby assumes the sole risk of making use or relying on the information relating to the Services available on this Website. Company does not promote any blogger/supplier/service provider mentioned on the Website. It is User’s responsibility to check the details of the blogger/supplier/service provider mentioned on the Website at its sole discretion.
Company has endeavored to provide the most accurate, up-to-date information on this Website. However, the information, materials, Services available on Website may inadvertently include inaccuracies, typographical errors, or outdated information. Company is not responsible for and shall not be bound to honour typographical or pricing errors on Website. Company reserves the right to refuse or cancel transaction(s) at any time, including but not limited to the following transaction that contain incorrect prices or product descriptions, transaction in which Company believes the User has violated applicable laws or Terms, transaction that Company believes are harmful to them or transaction that Company believes are fraudulent or based on illegal, fraudulent or deceitful use/furnishing of information or based on false information. Company neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or service. Company expressly disclaims any warranties and conditions whether express or implied about their accuracy, completeness, correctness, suitability, reliability, availability, timeliness, quality, continuity, performance, error free or uninterrupted operation/functioning, fitness for a particular purpose, workmanlike effort, non-infringement, lack of viruses or other harmful components. Company shall not be responsible for the delay or inability to use the Website or related functionalities, the provision of or failure to provide functionalities, or for any information, software, Services, functionalities and related graphics obtained through the Website, or otherwise arising out of the use of the Website, whether based on contract, tort, negligence, strict liability or otherwise. Further, Company shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the Website that may occur due to technical reasons or for any reason beyond Company’s control. The User understands and agrees that any material or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material or data. Company accepts no liability for any errors or omissions, with respect to any information provided to the User.
DISCLAIMER OF WARRANTIES AND LIABILITY:
This Website, all the materials and products and Services, included on or otherwise made available to you through this Website are provided on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Company and its licensees’ may publicly display advertisements and other information adjacent to or included with Your Content. The Company takes no warranties on the content of such advertisements. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
Without prejudice to the foregoing paragraph, Company does not warrant that: the Website will be constantly available or available at all; or the information on this Website is complete, true, accurate or non-misleading.
The Company will not be liable to you in any way or in relation to the contents of, or use of, or otherwise in connection with, the Website. The Company does not warrant that its Website; information, content, materials, product or services included on or otherwise made available to you through the Website; servers; or electronic communication sent are free of viruses or other harmful components, despite our best efforts to prevent these incidents.
Nothing on Website constitutes or is meant to constitute, advice of any kind. All the services offered by the supplier/service provider on the Website are governed by terms and conditions of respective supplier/service provider, if supplier/service provider is unable to deliver required services due to implications of these terms and conditions, supplier/service provider will be liable for refund/compensation etc. or received in advance from you. In such event, Company will not be a party to the dispute and shall not be liable for anything.
REVIEWS, FEEDBACK, SUBMISSIONS:
All reviews, comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered on the Website or otherwise disclosed, submitted or offered in connection with use of the Website (collectively, the “Comments”) shall be and remain the property of the Company. Such disclosure, submission or offer of any Comments shall constitute an assignment to the Company of all rights, titles and interests in all copyrights and other intellectual properties in the Comments.
The Company will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way.
You hereby agree that while writing reviews/feedbacks/submissions, you shall not violate any condition of our Terms or any applicable policy and would not engage in the following:
Writing a fake review, trading reviews with other businesses, or compensating someone or being compensated to write a review; Violate any third party's rights, including any breach of confidence, copyright, trademark, patent, trade secret, privacy, right of publicity, or any other intellectual property or proprietary right;
Threaten, stalk, harm, or harass others, or promote bigotry or discrimination;
Promote a business or other commercial venture or event, or otherwise use the Website for commercial purposes, except with written permission from the Company;
Send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; engage in keyword spamming, or otherwise attempt to manipulate the Website search results or any third party website;
Solicit personal information from minors, or submit or transmit pornography, or violate any applicable law.
You are and shall remain, responsible for the content of any Comments you make and you agree to indemnify the Company and its affiliates against all claims, loss and liabilities resulting from any Comments you submit.
Further, any reliance placed on Comments available on the Website from a third party shall be at your sole risk and expense.
The process of reservation services from the Website may require you to disclose confidential information. To prevent any possibility of unauthorized access to your confidential information such as name, address etc., you shall not use/access this Website from unsecured computers, unsecure communication links, unsecure mobile phones or locations and other commercially available internet-enabled computers or computer services.
That relying on declarations, confirmations, information and obligations made/undertaken by the User in accordance with Terms, and believing the same to be true and acting on the faith thereof, Company has agreed to provide the Services to the User as per the Terms mentioned herein. In particular, the User does hereby agree, promise, declare, confirm, covenant, undertake and represent & warrant to Company:
the User is not under any legal or other deficiency which prevents/may prevent the User from: (i) entering into a valid contract under the applicable laws; and (ii) making valid payment through the link facilitated by the Company to the supplier/service provider for confirming the reservation by the User.
In the event of detecting any suspicious activity from User’s account, Company reserves the right to cancel all pending and future reservation(s) owing to any such incident without any liability to the User.
User must use their own debit or credit card/such other payment modes for which User has full right & authority to validly make payment to Company. Company shall not be liable for any fraud resulting from debit or credit card/such other payment modes. The liability to use a card fraudulently will be on the User and the onus to ‘prove otherwise’ shall be exclusively on User.
While using the Website, User shall at all times strictly comply with the payment procedure and the Terms in their entirety.
Your use of the Services shall be deemed that you are fully satisfied with the description, look and amenities of the package and price which has been displayed on Website.
The User agrees and acknowledges that in the Website all Services are offered only at the sole discretion of Company.
SPECIAL OFFERS, COUPONS, CREDIT(S):
The Company keeps on updating special offers and coupons for its valued customers on the Website. User can choose to avail the same according to the terms specified therein.
The Company allows you to earn credits for certain actions you take on the Website (“Credits”). The Credits can be redeemed as per directions provided by the Company on the Website. The validity and value of each Credit will be determined by the Company at its sole discretion. Please refer the Frequently Asked Questions on Credit and Credit Policy, which can be viewed by clicking on the following link credit information
PAYMENT AND FEE:
While availing any of the payment method/s through the link facilitated by the Company to the supplier/service provider, the Company will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to any of the following:
Lack of authorization for any transaction/s; or
Exceeding the preset limit mutually agreed by You and between “Bank/s”; or
The declination of a transaction for any other reason/s.
All payments made against the services offered on Website by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. Company will not facilitate transaction with respect to any other form of currency with respect to the reservation accepted on the Website.
Please note that:
User hereby agrees and understand that he/she will have to pay the price as mentioned on the Website for the concerned service offered by the supplier/service provider via the payment mode facilitated on the Website post which User’s requested reservation will be confirmed by the supplier/service provider. In addition, the User agrees to pay the Company a service/convenience fee for facilitating the transaction between the User and supplier/service provider, as and when applicable. The User agrees and acknowledges that the payment procedure may call for and require additional verification of or information from the User and the User undertakes to provide complete, correct and proper information without causing undue delay.
Company facilitates the payment through third-party payment providers and supplier/service provider will receive payments from Users accordingly. Company is not responsible for delays or erroneous transaction execution or cancellation of reservation due to payment issues. Company takes utmost care to work with third-party payment providers, but does not control their systems, processes, technology and workflows, hence cannot be held responsible for any fault at the end of payment providers or the supplier/service provider.
MODIFICATIONS AND REFUNDS:
Any amendment, cancellation or refund request shall be governed by the policies of the supplier/service provider. The Company has no control or authority to review, adjudicate or negotiate request(s)/grievance(s) of the User with the supplier/service provider arising from delay, no response, negligence, misconduct, deficiency or such other issues by the supplier/service provider.
Company doesn’t support changes and modifications to reservations once they’re made.
All the refunds shall be done by the supplier/service provider directly to you and the Company is not responsible for ensuring any refunds whatsoever.
Your bank may debit its own separate charges from refunds made to your credit/debit card, bank account or such other applicable mode of payment.
The Cancellation Policies of the supplier/service provider are dynamic and may change from time to time. The Cancellation policy of the supplier/service provider may change in the interim period of reservation and date of travel/stay (etc.) of the guest. The Cancellation Policy prevailing at the time of reservation by you will be the applicable policy.
The supplier/service provider may have their cancellation policy and may charge User according to terms of such cancellation policy.
In the event of Cancellation the money shall be debited from your debit/credit card directly by the supplier/service provider as per Cancellation Policy.
The Company shall not entertain any request of Cancellations/Modifications/Refund/ and such other requests through its Website. You are requested to raise the issue directly with the concerned supplier/service provider.
If you don’t avail the reservation, you’ll still be charged the entire amount. Please contact the supplier/service provider for details on this.
As a policy, Company does not cancel any reservation after User has confirmed the service on the Website. However, if there are changes in service conditions you requested or need to add more products, you need to contact the concerned supplier/service provider on their customer care number and the Company will not be responsible to provide any assistance in this respect. However, if we suspect any fraudulent transaction by any User or any transaction which defies the terms of using the Website, we at our sole discretion could cancel such reservation. We may maintain a negative list of all fraudulent transactions and Users and would deny access to them or cancel any reservation placed by them.
COMPLIANCE WITH LAWS:
User and Company shall comply with all the applicable laws applicable to them respectively for using the Website and availing the Services.
INTELLECTUAL PROPERTY RIGHTS:
Content included on the Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Company.
The compilation of all content on this Website is the exclusive property of Company and its affiliates and is protected by laws of India and international copyright and database right laws. All software used on this Website is the property of Company, its affiliates or its software suppliers and is protected by India and international copyright and author’s rights laws.
You may not systematically extract/or re-utilise parts of the contents of the Website without Company’s express written consent. In particular, you may not utilize any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilization of any substantial parts of this Website, without Company’s express written consent. You may also not create and/or publish your own database that features substantial (e.g.: prices and service/product listings) parts of this Website without Company’s express written consent.
You cannot use the trademark of the Company for commercial exploitation without our express permission. We reserve the right to initiate legal proceedings if we discover any breach of intellectual property or passing off.
We respect the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, contact the Grievance Officer (details under Clause 25 of these Terms).
As a pre-condition to using this Website, User warrants to Company that User shall not use this Website for any purpose that is unlawful, unauthorized, or inconsistent with Terms, and the User agrees that this license to use Website will terminate immediately upon User’s violation of this warranty. Company reserves the right, at its sole discretion, to block/terminate User’s access to this Website and its content at any time, with or without notice.
INDEMNITY AND RELEASE:
You shall indemnify and hold harmless Company, its subsidiaries, affiliates and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorney’s fees, made by any third party or penalty imposed due to or arising out of your breach of these Terms or any representations or covenants made or any document incorporated by reference, or your violation of any law, rules, regulations or the rights including intellectual property of a third party.
You hereby expressly release the Company or any of its affiliates or officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the blogger/supplier/service provider, and specifically waive any claims or demands that you may have in this behalf under any statute, contract or otherwise.
Company will not be responsible for any loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable and has been not computed beforehand mutually before using the Website.
GOVERNING LAW AND JURISDICTION:
These Terms are governed by and construed in accordance with the laws of India. You agree, as we do, to submit to the exclusive jurisdiction of the courts at New Delhi.
SUSPENSION, TERMINATION OR CANCELLATION:
Company may suspend, cancel or terminate your account registered with us, with or without notices if we believe in good faith that you breach any of these Terms and other policies.
Company reserves the right to modify these Terms at any time with or without any notice(s) by uploading the revised Terms on the Website. It is your duty to keep yourself aware of the revised Terms on regular basis.
LIMITATION OF LIABILITY:
Company shall not be liable for any damages of any kind whatsoever including but not limited to direct, indirect, incidental, punitive, exemplary and consequential damages, damages for loss of use, data or profits, or other intangible losses, which may arise or are arising from the use of this Website or any of the Services, information, software, services and related graphics contained within the Website or any of the Services offered, regardless of whether such damages are based on contract, tort, negligence, strict liability or otherwise, and even if Company has been advised of the possibility of damages.
NOT WITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN OR ELSEWHERE, COMPANY’S ENTIRE LIABILITY TO THE USER FOR ANY CLAIM ARISING FROM USE OF THE WEBSITE SHALL BE LIMITED TO THE AMOUNT EQUIVALENT TO THE PRICE PAID FOR THE PRODUCT AND/OR SERVICES GIVING RISE TO SUCH CLAIM.
Company may at its sole discretion, contain links to sites owned and maintained by persons or entities other than Company. Company may also provide links to the other sites for the purpose of enabling the User to make payment to the supplier/service provider. Any of the foregoing links do not constitute an endorsement by Company of any such sites and are provided only as a convenience. Company is not responsible for the content or links displayed on such sites. Company is not responsible for the privacy practices of such sites which Company does not own, manage or control. Company does not regularly review and makes no warranty or representation regarding materials posted or services offered on the sites to which this Website may be linked and Company shall not be responsible for any deficiency thereof. Company does not endorse any or all of the materials, services available on such linked sites, and Company expressly disclaims responsibility for the contents of any linked site, the accuracy of any information contained in a linked site, and the quality of the services offered at any linked site. Any decision to view the contents of any linked site is solely the responsibility of User and is made at User’s own risk.
Company may contact the User through various modes for any transaction or customer service related enquiries.
The User hereby unconditionally consents that such communications via SMS, internet-based messaging applications like WhatsApp, Facebook Messenger, voice call, email or any other mode by the Company are: upon the request and authorization of the User; ‘transactional’ and not an ‘unsolicited commercial communication’ as per the guidelines of Telecom Regulation Authority of India (TRAI), and in compliance with the relevant guidelines of TRAI or such other authority in India and abroad.
The User will indemnify the Company against all types of losses and damages incurred by the Company due to any action taken by TRAI, Access Providers (as per TRAI regulations) or any other authority due to any erroneous complaint raised by the User on the Company.
The Parties acknowledge and accept that this electronic format shall be deemed s acceptable means of communication for the purposes of these Terms. Here, Parties means the User and the Company.
If any provision of these Terms shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or enforceability shall not affect the other provisions of these Terms, which shall remain in full force and effect.
In no event will any delay, failure or omission (in whole or in part) in enforcing, exercising or pursuing any right, power, privilege, claim or remedy conferred by or arising under these Terms or by law, be deemed to be or construed as a waiver of that or any other right, so as to bar the enforcement of that, or any other right, power privilege, claim or remedy, in any other instance at any time or times subsequently.
Any complaints, abuse or concerns with regards to content and or comment or breach of these terms shall be immediately informed to the designated Grievance Officer as mentioned below via in writing on below address or through email signed with the electronic signature to firstname.lastname@example.org
Sanewadi, Baner, Pune, Maharashtra 411045
In this regard, please note that the Grievance Officer may be contacted by you for any grievance that you may have while using the Services on the Website.