We
reserve the right to refuse any order placed through the Services. We may, in our sole
discretion, limit or cancel quantities purchased per person, per household, or per order. These
restrictions may include orders placed by or under the same customer account, the same payment
method, and/or orders that use the same billing or shipping address. We reserve the right to
limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or
distributors.
6.
POLICY
All sales are final and no refund will be issued.
You may not
access or use the Services for any purpose other than that for which we make the Services
available. The Services may not be used in connection with any commercial endeavors
except those that are specifically endorsed or approved by us.
As a
user of the Services, you agree not to:
- Systematically
retrieve data or other content from the Services to create or compile,
directly or indirectly, a collection, compilation, database, or directory
without written permission from us.
- Trick,
defraud, or mislead us and other users, especially in any
attempt to learn sensitive account information such as user
passwords.
- Circumvent,
disable, or otherwise interfere with security-related features
of the Services, including features that prevent or restrict the
use or copying of any Content or enforce limitations on the use
of the Services and/or the Content contained
therein.
- Disparage,
tarnish, or otherwise harm, in our opinion, us and/or the
Services.
- Use
any information obtained from the Services in order to harass,
abuse, or harm another
person.
- Make
improper use of our support services or submit false reports of
abuse or misconduct.
- Use
the Services in a manner inconsistent with any applicable laws
or regulations.
- Engage
in unauthorized framing of or
linking to the Services.
- Upload
or transmit (or attempt to upload or to transmit) viruses,
Trojan horses, or other material, including excessive use of
capital letters and spamming (continuous posting of repetitive
text), that interferes with any party’s uninterrupted use and
enjoyment of the Services or modifies, impairs, disrupts,
alters, or interferes with the use, features, functions,
operation, or maintenance of the
Services.
- Engage
in any automated use of the system, such as using scripts to
send comments or messages, or using any data mining, robots, or
similar data gathering and extraction
tools.
- Delete
the copyright or other proprietary rights notice from any
Content.
- Attempt
to impersonate another user or person or use the username of
another user.
- Upload
or transmit (or attempt to upload or to transmit) any material
that acts as a passive or active information collection or
transmission mechanism, including without limitation, clear
graphics interchange formats (
"gifs"),
1×1 pixels, web bugs, cookies, or other similar devices
(sometimes referred to as
"spyware" or "passive collection mechanisms" or "pcms"
).
- Interfere
with, disrupt, or create an undue burden on the Services or the
networks or services connected to the
Services.
- Harass,
annoy, intimidate, or threaten any of our employees or agents
engaged in providing any portion of the Services to
you.
- Attempt
to bypass any measures of the Services designed to prevent or
restrict access to the Services, or any portion of the
Services.
- Copy
or adapt the Services' software, including but not limited to
Flash, PHP, HTML, JavaScript, or other
code.
- Except
as permitted by applicable law, decipher, decompile,
disassemble, or reverse engineer any of the software comprising
or in any way making up a part of the
Services.
- Except
as may be the result of standard search engine or Internet
browser usage, use, launch, develop, or distribute any automated
system, including without limitation, any spider, robot, cheat
utility, scraper, or offline reader that accesses the Services,
or use or launch any
unauthorized
script or other software.
- Use
a buying agent or purchasing agent to make purchases on the
Services.
- Make
any unauthorized use of the
Services, including collecting usernames and/or email addresses
of users by electronic or other means for the purpose of sending
unsolicited email, or creating user accounts by automated means
or under false pretenses
.
- Use
the Services as part of any effort to compete with us or
otherwise use the Services and/or the Content for any
revenue-generating endeavor
or commercial
enterprise.
-
Use the Services to advertise or offer to sell goods and
services.
8.
USER GENERATED
CONTRIBUTIONS
The
Services does not offer users to submit or post content. We may provide you with
the opportunity to create, submit, post, display, transmit,
perform, publish, distribute, or broadcast content and
materials to us or on the Services, including but not
limited to text, writings, video, audio, photographs,
graphics, comments, suggestions, or personal information or
other material (collectively, "Contributions").
Contributions may be viewable by other users of the Services
and through third-party websites. As such, any
Contributions you transmit may be treated in accordance with
the Services' Privacy Policy. When you
create or make available any Contributions, you thereby
represent and warrant that:
- The creation, distribution, transmission,
public display, or performance, and the accessing, downloading, or copying
of your Contributions do not and will not infringe the proprietary rights,
including but not limited to the copyright, patent, trademark, trade secret,
or moral rights of any third party.
- You are the creator and owner of or have the
necessary licenses, rights, consents, releases,
and permissions to use and to authorize
us, the Services, and other
users of the Services to use your Contributions in any manner contemplated
by the Services and these Legal Terms.
- You have the written consent, release,
and/or permission of each and every identifiable individual person in your
Contributions to use the name or likeness of each and every such
identifiable individual person to enable inclusion and use of your
Contributions in any manner contemplated by the Services and these Legal
Terms.
- Your Contributions are not false,
inaccurate, or misleading.
- Your Contributions are not unsolicited or
unauthorized advertising, promotional
materials, pyramid schemes, chain letters, spam, mass mailings, or other
forms of solicitation.
- Your Contributions are not obscene, lewd,
lascivious, filthy, violent, harassing,
libelous, slanderous,
or otherwise objectionable (as determined by us).
- Your Contributions do not ridicule, mock,
disparage, intimidate, or abuse anyone.
- Your Contributions are not used to harass or
threaten (in the legal sense of those terms) any other person and to promote
violence against a specific person or class of people.
- Your Contributions do not violate any
applicable law, regulation, or rule.
- Your Contributions do not violate the
privacy or publicity rights of any third party.
- Your Contributions do not violate any
applicable law concerning child pornography, or otherwise intended to
protect the health or well-being of minors.
- Your Contributions do not include any
offensive comments that are connected to race, national origin, gender,
sexual preference, or physical handicap.
- Your Contributions do not otherwise violate,
or link to material that violates, any provision of these Legal Terms, or
any applicable law or regulation.
Any
use of the Services in violation of the foregoing violates these Legal Terms and
may result in, among other things, termination or suspension of your rights to
use the Services.
You and Services
agree that we may access, store, process, and use any information and personal data that you
provide following the terms of the Privacy Policy and your choices (including
settings).
By submitting
suggestions or other feedback regarding the Services, you agree that we can use and share such
feedback for any purpose without compensation to you.
We do not assert any
ownership over your Contributions. You retain full ownership of all of your Contributions and
any intellectual property rights or other proprietary rights associated with your Contributions.
We are not liable for any statements or representations in your Contributions provided by you in
any area on the Services. You are solely responsible for your Contributions to the Services and
you expressly agree to exonerate us from any and all responsibility and to refrain from any
legal action against us regarding your Contributions.
10.
GUIDELINES FOR REVIEWS
We may provide you
areas on the Services to leave reviews or ratings. When posting a review, you must comply with
the following criteria: (1) you should have firsthand experience with the person/entity being
reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist,
offensive, or hateful language; (3) your reviews should not contain discriminatory references
based on religion, race, gender, national origin, age, marital status, sexual orientation, or
disability; (4) your reviews should not contain references to illegal activity; (5) you should
not be affiliated with competitors if posting negative reviews; (6) you should not make any
conclusions as to the legality of conduct; (7) you may not post any false or misleading
statements; and (8) you may not organize a campaign encouraging others to post reviews,
whether positive or negative.
We may accept,
reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen
reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate.
Reviews are not endorsed by us, and do not necessarily represent our opinions or the views
of any of our affiliates or partners. We do not assume liability for any review or for any
claims, liabilities, or losses resulting from any review. By posting a review, you hereby
grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and
sublicensable right and license to reproduce, modify, translate, transmit by
any means, display, perform, and/or distribute all content relating to review.
11.
SOCIAL MEDIA
As
part of the functionality of the Services, you may link your account with online
accounts you have with third-party service providers (each such account, a "Third-Party Account") by either: (1) providing your
Third-Party Account login information through the Services; or (2) allowing us
to access your Third-Party Account,
as is permitted under the applicable terms and conditions that govern your use
of each Third-Party Account. You
represent and warrant that you are entitled to disclose your Third-Party Account login information
to us and/or grant us access to your Third-Party Account, without breach
by you of any of the terms and conditions that govern your use of the applicable
Third-Party Account, and without
obligating us to pay any fees or making us subject to any usage limitations
imposed by the third-party service provider of the Third-Party Account. By granting us
access to any Third-Party Accounts,
you understand that (1) we may access, make available, and store (if applicable)
any content that you have provided to and stored in your Third-Party Account (the "Social Network Content") so that it is available on and
through the Services via your account, including without limitation any friend
lists and (2) we may submit to and receive from your Third-Party Account additional
information to the extent you are notified when you link your account with the
Third-Party Account. Depending on
the Third-Party Accounts you choose
and subject to the privacy settings that you have set in such Third-Party Accounts, personally
identifiable information that you post to your Third-Party Accounts may be available
on and through your account on the Services. Please note that if a Third-Party Account or associated
service becomes unavailable or our access to such Third-Party Account is terminated by
the third-party service provider, then Social Network Content may no longer be
available on and through the Services. You will have the ability to disable the
connection between your account on the Services and your Third-Party Accounts at any time.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS
ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR
AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to
review any Social Network Content for any purpose, including but not limited to,
for accuracy, legality, or non-infringement, and we are not responsible for any
Social Network Content. You acknowledge and agree that we may access your email
address book associated with a Third-Party Account and your contacts
list stored on your mobile device or tablet computer solely for purposes of
identifying and informing you of those contacts who have also registered to use
the Services. You can deactivate the connection between the Services and your
Third-Party Account by contacting
us using the contact information below or through your account settings (if
applicable). We will attempt to delete any information stored on our servers
that was obtained through such Third-Party Account, except the
username and profile picture that become associated with your account.
12.
SERVICES MANAGEMENT
We reserve the
right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2)
take appropriate legal action against anyone who, in our sole discretion, violates the law or these
Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3)
in our sole discretion and without limitation, refuse, restrict access to, limit the availability
of, or disable (to the extent technologically feasible) any of your Contributions or any portion
thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the
Services or otherwise disable all files and content that are excessive in size or are in any way
burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our
rights and property and to facilitate the proper functioning of the Services.
13.
PRIVACY POLICY
We care about data
privacy and security. Please review our Privacy Policy:
https://tripgc.com/privacy-policy
. By using the Services, you agree to be bound by our Privacy Policy, which
is incorporated into these Legal Terms. Please be advised the Services are hosted in
Pakistan
. If you access the Services from any other region of the
world with laws or other requirements governing personal data collection, use, or disclosure
that differ from applicable laws in
Pakistan
, then through your continued use of the Services, you are
transferring your data to
Pakistan
, and you expressly consent to have your data transferred
to and processed in
Pakistan
.
14.
TERM AND TERMINATION
These Legal Terms
shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER
PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT
NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP
ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR
BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY
APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR
DELETE
YOUR ACCOUNT AND
ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE
DISCRETION.
If we terminate or
suspend your account for any reason, you are prohibited from registering and creating a new
account under your name, a fake or borrowed name, or the name of any third party, even if you
may be acting on behalf of the third party. In addition to terminating or suspending your
account, we reserve the right to take appropriate legal action, including without limitation
pursuing civil, criminal, and injunctive redress.
15.
MODIFICATIONS AND INTERRUPTIONS
We reserve the
right to change, modify, or remove the contents of the Services at any time or for any reason at
our sole discretion without notice. However, we have no obligation to update any information on
our Services. We will not be liable to you or any third
party for any modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee
the Services will be available at all times. We may experience hardware, software, or other
problems or need to perform maintenance related to the Services, resulting in interruptions,
delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or
otherwise modify the Services at any time or for any reason without notice to you. You agree
that we have no liability whatsoever for any loss, damage, or inconvenience caused by your
inability to access or use the Services during any downtime or discontinuance of the Services.
Nothing in these Legal Terms will be construed to obligate us to maintain and support the
Services or to supply any corrections, updates, or releases in connection therewith.
16.
GOVERNING LAW
These Legal Terms
shall be governed by and defined following the laws of
Pakistan
. Trip GC (SMC Private) Limited and yourself irrevocably
consent that the courts of
Pakistan
shall have exclusive jurisdiction to resolve any dispute which may arise in connection
with these Legal Terms.
17.
DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute,
controversy, or claim related to these Legal Terms (each a
"Dispute" and collectively, the "Disputes")
brought by either you or us (individually, a "Party" and
collectively, the "Parties"), the Parties agree
to first attempt to negotiate any Dispute (except those Disputes expressly provided below)
informally for at least seven (7) days before initiating
arbitration. Such informal negotiations commence upon written notice from one Party to the other
Party.
Binding Arbitration
Any dispute arising out of or in connection with these Legal Terms, including any question regarding
its existence, validity, or termination, shall be referred to and finally resolved by the
International Commercial Arbitration Court under the European Arbitration Chamber (Belgium,
Brussels, Avenue Louise, 146) according to the Rules of this ICAC, which, as a result of referring
to it, is considered as the part of this clause. The number of arbitrators shall be __________. The seat, or legal place, or arbitration shall be
Pakistan
. The language of the proceedings shall be __________. The
governing law of these Legal Terms shall be substantive law of
Pakistan
.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties
individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other
proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action
basis or to utilize
class action procedures; and (c) there is no right or authority for any Dispute to be brought
in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and
Arbitration
The Parties agree that the following Disputes are not subject
to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes
seeking to enforce or protect, or concerning the validity of, any of the intellectual property
rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy,
invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If
this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate
any Dispute falling within that portion of this provision found to be illegal or unenforceable and
such Dispute shall be decided by a court of competent jurisdiction within the courts listed for
jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
18.
CORRECTIONS
There may be information on the Services that contains typographical errors, inaccuracies, or
omissions, including descriptions, pricing, availability, and various other information. We reserve
the right to correct any errors, inaccuracies, or omissions and to change or update the information
on the Services at any time, without prior notice.
19.
DISCLAIMER
THE
SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE
SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING,
WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR
COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS
LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS,
MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF
ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED
ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE
SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR
THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND
MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT
POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE,
GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD
PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION
FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE
RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS
OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY
ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
20.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS
BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY,
INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA,
OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
21.
INDEMNIFICATION
You
agree to
defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and
employees, from and against any loss, damage, liability, claim, or demand, including
reasonable attorneys’ fees and expenses, made by any third party due to or
arising out of:
(1) use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and
warranties set forth in these Legal Terms; (4)
your violation of the rights of a third party, including but not limited to intellectual
property rights; or (5) any overt harmful act
toward any other user of the Services with whom you connected via the Services.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the
exclusive defense and control of any matter for which you are
required to indemnify us, and you agree to cooperate, at your expense, with our defense
of such claims. We will use reasonable efforts to notify you of any such claim, action, or
proceeding which is subject to this indemnification upon becoming aware of it.
22.
USER DATA
We
will maintain
certain data that you transmit to the Services for the purpose of managing the
performance of the Services, as well as data relating to your use of the Services. Although we
perform regular routine backups
of data, you are solely responsible for all data that you transmit or that
relates to any activity you have undertaken using the Services. You agree
that we shall have no liability to you for any loss or corruption of any such
data, and you hereby waive any right of action against us arising from any such
loss or corruption of such data.
23.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting
the Services, sending us emails, and completing online forms constitute electronic
communications. You consent to receive electronic communications, and you agree that all
agreements, notices, disclosures, and other communications we provide to you electronically, via
email and on the Services, satisfy any legal requirement that such communication be in writing.
YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND
TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED
BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes,
regulations, rules, ordinances, or other laws in any jurisdiction which require an original
signature or delivery or retention of non-electronic records, or to payments or the granting of
credits by any means other than electronic means.
24.
MISCELLANEOUS
These
Legal Terms and any policies or operating rules posted by us on the Services or in respect to
the Services constitute the entire agreement and understanding between you and us. Our failure
to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver
of such right or provision. These Legal Terms operate to the fullest extent permissible by law.
We may assign any or all of our rights and obligations to others at any time. We shall not be
responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond
our reasonable control. If any provision or part of a provision of these Legal Terms is
determined to be unlawful, void, or unenforceable, that provision or part of the provision is
deemed severable from these Legal Terms and does not affect the validity and enforceability of
any remaining provisions. There is no joint venture, partnership, employment or agency
relationship created between you and us as a result of these Legal Terms or use of the Services.
You agree that these Legal Terms will not be construed against us by virtue of having drafted
them. You hereby waive any and all defenses you may have based on the electronic form of
these Legal Terms and the lack of signing by the parties hereto to execute these Legal
Terms.
25.
CONTACT US
In
order to resolve a complaint regarding the Services or to receive further information regarding
use of the Services, please contact us at:
Trip GC (SMC Private) Limited
__________
For Pakistan: +923265539596
For India: +918574535304
For UAE: +971556329760
info@tripgc.com
