2. USE OF SERVICES
2.1 STS permits the viewing, copying, downloading materials available on the Website and the Mobile Applications provided that the material so obtained for personal and non - commercial purposes and such proprietary notices appearing on the material are reproduced.
2.2 You hereby agree that you shall not at any time (i) distribute, resell, cross – sell or permit access to the Services to any third party, (ii) permit multiple end users to access the Services using shared login credentials ( i.e. a shared email address and password, ( iii) use the Services other than in accordance with (a) the instructions or documentation which STS may provide from time to time, (b) applicable laws and (c) the terms contained in this Agreement.
2.4 STS reserves the right, at it’s sole discretion, to suspend your ability to use or access the Services ( or a part of the Services ) at any time while STS investigates complaints or alleged violations of this Agreement, or for any other reason. Further, it shall also have the ability to prohibit or restrict you from using the Services if STS, in it’s opinion, feels that you are misusing the Services in any manner whatsoever.
2.5 You agree to abide by the terms and conditions of purchase imposed by any third party supplier
( such as airline companies, hotels, agents, etc - “ Suppliers “ )with whom you elect to transact by using the Services, including, but not limited to, payment of all amounts due and with the Supplier’s rules and restrictions regarding availability, booking, cancelling, rescheduling and use of fares, products or services. You understand that any violation of any such Supplier’s rules and restrictions may result in cancellation of your reservation(s), in your being denied access to the applicable product or services, in forfeiting any monies paid for such reservation(s), and / or in STS debiting your account for any costs that it incurs as a result of such violation.
2.6 STS, may from time to time, run promotional campaigns and contests that require you to send in material or information about yourself. Each such promotional campaign and contest has it’s owns rules and regulations, which you must read and agree to before you participate in the same.
2.7 THE USE OF Services is governed by STS’s Private Policy which sets forth it’s practices regarding the collection, use and disclosure of personal information that it contains about you in connection wih the Services.
3.1 STS shall have the right to charge transaction fee based on certain completed transactions using the Services. These charges / fees may also be altered by STS without any notice. You shall be completely responsible for all charges, fees, duties, taxes and assessments arising out of the use of the Services.
3.2 By booking with STS, you authorize STS and it’s agents to transact with your bank or other payment gateways on your behalf to obtain the necessary information required to process payment, confirm payment, resolve inquiries and billing disputes , and / or as otherwise required to manage the booking.
3.3 you hereby understand and agree that your reservation / booking is contingent upon STS receiving the applicable fees / consideration / fares in it’s account and unless such monies have been credited into STS’s account, it shall be under no obligation to issue you with the relevant tickets, reservation confirmations, passenger name record ( PNR ) or such other confirmations in connection with the Services.
3.4 In the event a booking or reservation does not get confirmed for any reason, STS is under no obligation to make another booking to compensate or replace the earlier booking. All subsequent bookings shall be treated as new transaction without any reference to the earlier transaction. All refunds shall take place as per the normal banking payment cycle.
3.5 Payment shall be made through the payment gateways authorized by STS. You must adhere to the terms and conditions that are prescribed by the payment gateways through which you choose to transact. STS shall not be responsible for any damages incurred by you while transacting through these payment gateways.
3.6 In order to process the online payments, STS may require details of your bank accounts, credit card number etc. Please check the Private Policy on how STS uses such confidential information provided by you.
4. USER CONVENANTS
4.1 As mandated by Regulation 3(2) of the IG Rules, STS hereby informs you that you are not permitted to host, display, upload, modify, publish, transmit, update or share any information that :
Belongs to another person and to which you do not have any right, is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful or racially, ethnically objectionable, disparaging relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever harms minors in anyway infringes any patent, trademark, copyright or other proprietary rights violates any law for the time being in force , deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature , impersonates or defames another person, contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource, and threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or prevents investigation into any offence or is insulting to any other nation.
4.2 You are also prohibited from violating or attempting to violate the integrity or security of the Website, the Mobile Application of any STS Content, transmitting any information on or though the Website and Mobile Applications that is disruptive or competitive to the provision of Services by STs, intentionally submitting on the Website or Mobile Applications any incomplete, false or inaccurate information, making any unsolicited communications to other users of the Services, using any engine, software, tool, agent or other device or mechanism ( such as spiders, robots, avatars or intelligent agents ) to navigate or search the Website, attempting to decipher, decompile, disassemble or reverse engineer any part of the Website, copying or duplicating in any manner any of the STS Content or other information available from the Website and framing or hot linking or deep linking any STS Content.
4.3 STS, upon obtaining knowledge by itself or having been brought to actual knowledge by an affected person in writing or through email about any such information as mentioned in clause 4.2 above, shall be entitled to disable such information that is in contravention of clause 4.2, STS shall be entitled to preserve such information and associated records for production to governmental authorities for investigation purposes.
4.4 STS may disclose or transfer information provided by you its affiliates in other countries and you hereby consent to such a transfer. The SPI Rules only permit STS to transfer sensitive personal data or information under the SPI Rules including any information to any other body, corporate or a person in India or located in any other country, that ensures the same level of data protection that is adhered to by STS as provided for under the SPI Rules, only if such transfer is necessary for the performance of lawful contract between STS or any other person on its behalf and the user or where you have consented to data transfer .
5. THIRD PARTY INFORMATION
5.1 The Website may provide information regarding third party website(s), affiliates or business partners and / or contain links to their websites. Such information and links are provided solely for the purpose of your reference .STS is not endorsing the material on the Website, is not responsible for such errors and representation nor is it associated with it and you shall access these websites at your own risk. Further, it is up to you to take precautions to ensure that whatever links you to select or software you download whether from the Website, Mobile Applications or other Services is free of such items such as, but not limited to viruses, worms, Trojan horses, defects and other items of a destructive nature.
6. VISA OBLIGATIONS
6.1 Your travel to foreign countries may be subject to the visa and other immigration related requirements as maybe prescribed by appropriate authorities from time to time. You hereby understand and agree that you shall have to procure the applicable visa and comply with all applicable immigration requirements by yourself and STS shall not be under any obligation to inform you or assist you with obtaining the appropriate visa ( including transit visas, on – entry visas, etc ) or with the concerned immigration requirements. Further, STS shall not be responsible for any issues including inability to travel, arising due to your failure to obtain the appropriate visa or clear any immigration obligations that you may have.
7. INTELLECTUAL PROPERTY RIGHTS
7.1. All the intellectual property used by STS’s Website service providers or any party shall remain the property of STS, the service provider or any other third party as the case may be, except as provided in the agreement, the materials may not be modified, copied reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means, without the prior express written permission of STS.
8. UNLAWFUL OR PROHIBITED USE
8.1 You warrant to STS that you will comply with all applicable laws, statutes, ordinances and regulations regarding the use of STS’s services and any other related activities. You further warrant you will not use this Website in any way prohibited by terms in this Agreement or under applicable law.
9.1 Your hereby acknowledge and agree that STS provides intermediary services and is not, and shall not be deemed to be a supplier, and therefore may not be held responsible in any way for any for any lack or deficiency of services provided by any suppliers you choose to engage or hire or appoint sumeru the Services. Therefore, STS is not liable any errors, omissions, representations, warranties, breaches or negligence of any of the Suppliers or for any personal injuries, death, property damage or other damages or expenses resulting there from.
9.2 STS does not provide or make any representation, warranty or guaranty, express or implied about the Website or the Services.
9.3 STS shall have no liability in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond their direct control, and shall have no responsibility for any additional expenses incurred by you in connection with the same.
9.4 You hereby understand and acknowledge that the fares provided by STS on the Website of mobile application or subject to change at the respective Supplier’s discretion and STS shall not be responsible for any increase/change in the fares/ fees provided by a particular supplier (and as displayed by STS on the Website or Mobile Applications).
9.5 STS shall not be liable for any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the inability to use or performance of the Website, Mobile Application or any other service. This shall extend to the loss suffered by you due to delay or inability to use or access the Website or the Mobile Applications.
9.7 STS shall not be responsible to provide any updates on schedules, availability, cancellations, and modifications to the services provided by the Suppliers.
9.8 The maximum liability of STS, in respect of any Services provided, shall be limited up to a maximum of INR 1,000 (Indian Rupees Thousand only).
10.1 You hereby agree to indemnify and hold harmless STS, its affiliates, officers, directors, employees, consultant, licensors, agents, and representatives from any and all third party claims, losses, liability damages, and/or costs (including reasonable attorney fees and costs) arising from (i) your access to use of Services,(ii) violation of the Agreement, (iii) infringement, or infringement by any other user of your account with STS, and (iv) infringement of any intellectual property or other right of any person or entity. STS will notify you promptly of any such claim, loss liability, or demand, and in addition to you foregoing obligations, you agree to provide us with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
11.1 If any provision of this Agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall apply only to such provision or part of such provision and the remaining part of such provision and all other provision of this Agreement shall continue to be in full force and effect.
12. TERM & TERMINATION
12.1. This agreement will remain in full force and effect while you use any Service in any form or capacity.
12.2. In the event STS discovers or has reasons to believe at any time during or after receiving a request for Services for you that the request for Services is either unauthorized or there has been misrepresentation of facts, STS shall have the right to take any steps against you, including cancellation of the booking, forfeiture of payment etc without providing you with prior intimation. STS shall not be responsible for any damages caused as such consequence.
12.3. STS reserves the right to terminate its Services provided to you in the event of the breach of any terms contained in this Agreement, misrepresentation of information, any unlawful activity or is unable to verify or authenticate any information the user submits to STS.
12.4. Clauses under the headings Covenants, Liability, Indemnity, Intellectual Property, Dispute, Resolution, and Notices shall continue and survive the termination of this Agreement.
13. DISPUTE RESOLUTION & GOVERNING LAW
13.1. This Agreement and any contractual obligation between STS and you will be governed by the laws of India, subject to the exclusive jurisdiction of courts at Bengaluru, Karnataka.
13.2. All disputes will be subject to arbitration at Bangalore in English by a single arbitrator appointed by STS under the Arbitration and Conciliation Act, 1996.
14. HEADINGS 14.1.
The headings and subheading herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or this Agreement, the terms of services or the rights to use the Website by the User contained herein or any other section or pages of the Website in any manner whatsoever.
15.1. All notices and communication shall be in writing, in English and shall deemed given if delivered personally or by commercial messenger or courier service, or mailed by registered or certified mail (return receipt requested) or sent to STS’s email with due acknowledgment of complete transmission to the following address.