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1.
General 1.1 This agreement governs your use of the Rajasthan
Four Wheel Drive Pvt. Ltd. Information service (the
"Service"),.Additional terms and conditions of use applicable to
specific areas of the Service may also be posted in such areas and,
together with this agreement, govern your use of those areas. This
agreement, together with any such additional term and conditions,
are referred to as this "Agreement." 1.2 Rajasthan Four Wheel
Drive Pvt. Ltd. reserves the right, in its discretion, to change or
modify all or any part of this Agreement at any time, effective
immediately upon notice published on the Service. Your continued use
of the Service constitutes your binding acceptance of these terms
and conditions, including any changes or modifications made by
Rajasthan Four Wheel Drive Pvt. Ltd. as permitted above. If at any
time the terms and conditions of this Agreement are no longer
acceptable to you, you should immediately cease all use of the
Service.
2. Use of Content 2.1 You acknowledge that
the Service contains information, software, photographs, audio and
video clips, graphics, links and other material (collectively, the
"Content") that are protected by copyright, trademark or other
proprietary rights of Rajasthan Four Wheel Drive Pvt. Ltd.,. All
Content on the Service is copyrighted as a collective work of
Rajasthan Four Wheel Drive Pvt. Ltd. pursuant to applicable
copyright law. You agree to comply with any additional copyright
notices, information, or restrictions contained in any Content
available on or accessed through the Service. Users of the Service
may use the Content only for their personal, noncommercial
use.
2.2 You may not modify, publish, transmit, transfer or
sell, reproduce, create derivative works from, distribute, perform,
display, or in any way exploit any of the Content, in whole or in
part, except as expressly permitted in this Agreement. Content
consisting of downloadable software may not be reverse engineered
unless specifically authorized by the owner of the software's patent
and/or copyright. You may post on the Service any Content owned by
you (such as your original statements), Content for which you have
received express permission from the owner and Content in the public
domain. You assume all risk and responsibility for determining
whether any Content is in the public domain. You grant to Rajasthan
Four Wheel Drive Pvt. Ltd. the right to edit, copy, publish,
distribute, translate and otherwise use in any medium any Content
that you place on the Service without compensation to you. You
represent and warrant that you are authorized to grant all rights
set forth in the preceding sentence.
2.3 You may download or
copy the Content only for your own personal use, provided that you
maintain all copyright and other notices contained in such Content.
You shall not store electronically any significant portion of any
Content. Except as expressly permitted by the copyright laws, no
copying, storage, redistribution or publication of any Content is
permitted without the express permission of Rajasthan Four Wheel
Drive Pvt. Ltd. or the owners of such Content or their authorized
persons, if other than Rajasthan Four Wheel Drive Pvt. Ltd.. You may
download from the Service any Content in the public domain for your
own personal use or for non-commercial redistribution.
3.
Sharing your information 3.1 We only provide information
about travel either reserved or purchased on Rajasthan Four Wheel
Drive Pvt. Ltd. to third parties that provide services or functions
on behalf of Rajasthan Four Wheel Drive Pvt. Ltd.. Our service
providers need information about your traveler profile, as well as
your credit card information, to process and confirm your travel
reservation. These service providers will disclose information about
your traveler profile to hotel, airline, cruise, and/or car rental
suppliers whose products you have purchased. Like any other travel
agent, this information must be shared with our travel suppliers to
confirm your reservation and travel preferences. Although Rajasthan
Four Wheel Drive Pvt. Ltd. offers travel products from hotel,
airline, cruise, and car rental suppliers that are reputable
companies, we have not placed limitations on these suppliers from
using or disclosing your information without your permission.
Therefore, we encourage you to review the information privacy
practices of any travel suppliers whose products you purchase on
Rajasthan Four Wheel Drive Pvt. Ltd.. In addition, these travel
suppliers may also contact you as necessary to obtain additional
information about your confirmed reservation. Rajasthan Four Wheel
Drive Pvt. Ltd. will occasionally share aggregated information with
our service providers. This information does not contain any
personal information and is used to develop featured programs and
content that will be of interest to our members and site visitors.
3.2
Rajasthan Four Wheel Drive Pvt. Ltd. may be required by law to
disclose information you have provided in obtaining our travel
products or services. Rajasthan Four Wheel Drive Pvt. Ltd. may also
disclose information against someone who poses a threat to Rajasthan
Four Wheel Drive Pvt. Ltd.'s interests (such as customer fraud) or
whose activities could bring harm to others.
4. Rules of
Conduct You shall not post on the Service any Content which
(a) is libelous, defamatory, obscene, pornographic, abusive,
harassing or threatening, (b) contains viruses or other
contaminating or destructive features, (c) violates the rights of
others, such as Content which infringes any copyright, trademark,
patent, trade secret or violates any right of privacy or publicity,
or (d) otherwise violates any applicable law. You may not post on
the Service any links to any external Internet sites that are
obscene or pornographic. You shall not use the Service for any
commercial purpose, to distribute any advertising or solicitation of
funds or goods and services or to solicit users to join competitive
online services.
5. Managing Content Rajasthan Four
Wheel Drive Pvt. Ltd. does not and cannot review the Content posted
by users on the Service and is not responsible for such Content.
However, Rajasthan Four Wheel Drive Pvt. Ltd. reserves the right to
delete, move or edit any Content (including Content posted in any
Interactive Area) that it may determine, in its sole discretion,
violates this Agreement or is otherwise unacceptable. You shall
remain solely responsible for all Content posted by you. Rajasthan
Four Wheel Drive Pvt. Ltd. shall have the right, but not the
obligation, to correct any errors or omissions in any Content, as it
may determine in its sole discretion.
6. No
Endorsement 6.1 Rajasthan Four Wheel Drive Pvt. Ltd. does not
represent or endorse the accuracy or reliability of any Content
posted on any Interactive Area and you acknowledge that any reliance
upon such Content shall be at your sole risk. Any Content placed on
any Interactive Area by users are the views of the user posting the
statement, and do not represent the views of Rajasthan Four Wheel
Drive Pvt. Ltd..
6.2 The Service may contain links to sites
on the Internet which are owned and operated by third parties (the
"External Sites"). You acknowledge that Rajasthan Four Wheel Drive
Pvt. Ltd. is not responsible for the availability of, or the content
located on or through, any External Site. 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.
7. Indemnity You agree to
indemnify, defend and hold Rajasthan Four Wheel Drive Pvt. Ltd. and
its affiliates, and their respective officers, directors, owners,
agents, information providers and licensors (collectively, the
"Rajasthan Four Wheel Drive Pvt. Ltd. Parties") harmless from and
against any and all claims, liability, losses, costs and expenses
(including attorneys' fees) incurred by any Rajasthan Four Wheel
Drive Pvt. Ltd. Party in connection with any use or alleged use of
the Service under your password by any person, whether or not
authorized by you. Rajasthan Four Wheel Drive Pvt. Ltd. reserves the
right, at its own expense, to assume the exclusive defense and
control of any matter otherwise subject to indemnification by you,
and in such case, you agree to cooperate with Rajasthan Four Wheel
Drive Pvt. Ltd.'s defense of such claim.
8. Termination of
Service Rajasthan Four Wheel Drive Pvt. Ltd. reserves the
right, in its sole discretion, to restrict, suspend or terminate
your access to all or any part of the Service, including the
Interactive Areas, at any time for any reason without prior notice
or liability. Rajasthan Four Wheel Drive Pvt. Ltd. may change,
suspend or discontinue all or any aspect of the Service at any time,
including the availability of any feature, database, or Content
(including the Interactive Areas), without prior notice or
liability.
9. DISCLAIMER OF WARRANTIES; LIMITATION OF
LIABILITY. 9.1 NEITHER Rajasthan Four Wheel Drive Pvt. Ltd.
NOR ANY PROVIDER OF THIRD PARTY CONTENT OR THEIR RESPECTIVE AGENTS
WARRANTS THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR
DOES Rajasthan Four Wheel Drive Pvt. Ltd., ANY THIRD PARTY CONTENT
PROVIDER, OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE
RESULTS TO BE OBTAINED FROM USE OF THE SERVICE OR THE CONTENT. THE
SERVICE AND THE CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE"
BASIS. NONE OF Rajasthan Four Wheel Drive Pvt. Ltd., THIRD PARTY
CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS MAKE ANY WARRANTIES OF
ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANT ABILITY OR
FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE, ANY
CONTENT OR ANY PRODUCTS OR SERVICES SOLD THROUGH THE SERVICE.
NEITHER Rajasthan Four Wheel Drive Pvt. Ltd. NOR ANY THIRD PARTY
CONTENT PROVIDER WARRANTS THAT ANY FILES AVAILABLE FOR DOWNLOADING
THROUGH THE SERVICE WILL BE FREE OF VIRUSES OR SIMILAR CONTAMINATION
OR DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS
TO THE QUALITY AND PERFORMANCE OF THE SERVICE AND THE ACCURACY OR
COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU.
9.2
NEITHER Rajasthan Four Wheel Drive Pvt. Ltd., ANY THIRD PARTY
CONTENT PROVIDER NOR THEIR RESPECTIVE AGENTS SHALL BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES
ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF
SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
9.3 SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED
WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY
NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF Rajasthan Four
Wheel Drive Pvt. Ltd., THIRD PARTY CONTENT PROVIDERS AND THEIR
RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED
BY LAW.
10. Miscellaneous This Agreement shall be
construed in accordance with the laws of the Indian Constitution,
and the parties irrevocable consent to bring any action to enforce
this Agreement in the federal or state courts located in Jaipur,
Rajasthan, . This Agreement constitutes the entire agreement between
the parties with respect to the subject matter hereof, and
supersedes all previous written or oral agreements between the
parties with respect to such subject matter. If any inconsistency
exists between the terms of this agreement and any additional terms
and conditions posted on the Service, such terms shall be
interpreted as to eliminate any inconsistency, if possible, and
otherwise, the additional terms and conditions shall control.
Sections 2, 3, 7, 8, 10 and 11 shall survive any termination of this
Agreement as well as any other provisions which by their terms or
sense are intended to
survive. |