ePayLater Terms & Conditions
In using this website you are deemed to have read and agreed to the following EpayLater terms and conditions:
By using the Portal and checking the I have read, understood and accepted the Terms and Conditions checkbox on the Portal, the Customer agrees, undertakes and confirm:
- At the request of the Customer by selecting the ePayLater Option, Travizars, agrees to provide to the Customer an option to pay later for purchases made by the Customer on the Portal
- The total value of the products and services (collectively, Products) purchased by you on the Portal using this ePayLater Option and the applicable taxes will be the invoice amount (Invoice Amount) payable by you.
- The date on which Travizars has confirmed the sale of the Products to you is deemed to be the date of transaction (Transaction Date).
- You are required to repay the Invoice Amount at any time within fourteen (14) calendar days from the Transaction Date (Payment Date).
- In case of cancellation, either partial or full, of the purchase of the Products you will be issued a revised invoice amount reflecting the revised amount payable and which amount shall remain due on the Payment Date.
- No interest shall be charged on the Invoice Amount, provided the same is repaid in full on or before the Payment Date.
- If you fail to repay the Invoice Amount in full on or before the Payment Date, you shall be in DEFAULT and liable to pay a default interest at the rate of 36% per annum on the outstanding Invoice Amount. The Invoice Amount together with interest and such other costs, charges and taxes and any additional fees, as may be applicable, are collectively referred to as Amount Dues. The default interest shall be calculated pro rata on a daily basis (assuming a 365 day year) on the Invoice Amount. You are also liable to reimburse all costs incurred in recovery of the Amount Dues from You, which shall form part of the Amount Dues.
- In the event, the Customer fails to repay the Amount Dues despite multiple reminders, the Merchant reserves the right to suspend the account of the Customer and blacklist the Customer from accessing any of its services on the Portal.
- We reserve the right to assign and transfer the Amount Dues and all our rights and benefits under these ePayLater Terms to any person, including, but not limited to, banks, NBFCs and/or financial institutions or any other legal entity (Assigneed), as deemed appropriate by the Merchant in its discretion and to disclose to such Assignee all such information (including your Personal Data, as defined further below) as we may deem appropriate. Upon such assignment, the Assignee shall step into the place of the Merchant in these ePayLater Terms and shall be fully entitled to all rights and benefits of the Merchant under these ePayLater Terms and applicable laws. Upon any such assignments (including assignments by the Assignee), all references in these ePayLater Terms to the Merchant shall mean a reference to the Assignee.
- Travizars has authorized Arthashastra Fintech. Pvt. Ltd., Mumbai (AFPL or ePayLater) to engage in collection services relating to the Amount Dues from you as per the ePayLater Terms. AFPL shall provide to the Customer the payment instructions through email and SMS subsequent to Customer accepting the ePayLater Terms and successfully concluding the transaction on the Portal
- In the event of non-payment of the Amount Dues in full on or before the Payment Date, the Merchant shall be entitled, at the sole risk and cost of the Customer, to engage one or, more person(s) to collect the Amount Dues (or any part thereof) and the Merchant may (for such purposes) furnish to such person(s) such information, facts and figures (including your Personal Data) pertaining to you as it deems fit. The Merchant may also delegate to such person(s) the right and authority to perform and execute all acts, deeds, matters and things connected therewith, or incidental thereto, for the purposes of recovering the Amount Dues as it deems fit.
- You agree not to hold the Merchant responsible for, or liable for, any actions, claims, demands, losses, damages, costs, charges, expenses, which you or anyone claiming through you may suffer, sustain or incur by reason of your availing the ePayLater Option.
- The re-payment of the Amount Dues shall not be affected, impaired or discharged by insolvency or death or otherwise of the Customer and the Merchant shall be entitled in such scenarios to recover the Amount Dues from the Customer's properties and assets.
- You hereby provide your consent to the Merchant, and any third parties engaged from time to time by the Merchant for verifying the Customer's credit history and /or recovery of the Amount Dues, to access your credit history and credit records from time to time as maintained by any credit information company.
- You hereby agree that in the event of delay in the re-payment of the Amount Dues for a period of 30 days from the Payment Date (Overdue Date), the Merchant may disclose or publish your name as a defaulter in such manner as may be prescribed /permitted. The Merchant shall also have the right to share any information pertaining to you with CIBIL or any other credit information company if you have not made the payment of the Amount Dues on the Overdue Date.
- The entries made in the accounts / account books / records of the Merchant maintained in accordance with its usual practice and in compliance with the statutory requirements and/or any statement signed by a designated officer of the Merchant with respect to the Amount Dues, shall be final and binding on the Customer. Such entries and/or statements shall be conclusive evidence of the existence and amount of outstanding obligations of the Customer as therein recorded in respect of the Amount Dues
- All notices or other communications under or in connection with the Amount Dues if to the Customer shall be in English language and sent via email to the email address (and messages and calls to the telephone and mobile numbers) provided by the Customer on the Portal while purchasing the Products from, or registering on, the Portal. All notices or communications under or in connection with the Amount Dues, if to the Merchant, shall be given in writing and, unless otherwise stated may be made by email, letter or facsimile to the address / email id notified by the Merchant from time to time. Any such notice or other communication will be deemed to be effective: (i) if sent by letter, when delivered personally or if dispatched by post, when recall of the letter is outside the control of the sender; and (ii) if sent by facsimile, when sent (on receipt of a confirmation to the correct facsimile number). Provided, however, that no notice or communication to the Merchant shall be effective unless actually received and acknowledged by the Merchant.
- You shall not be entitled to assign or transfer all or any of your rights, benefits or obligations under the ePayLater Terms without the prior written approval of the Merchant.
- No delay in exercising or omission to exercise any right, power or remedy accruing to the Merchant upon any default or otherwise under these ePayLater Terms shall impair any such right, power or remedy or shall be construed to be a waiver thereof or any acquiescence in such default, nor shall the action or inaction of the Merchant in respect of any default or any acquiescence by it in any default, affect or impair any right, power or remedy of the Merchant in respect of any other default.
- These ePayLater Terms are to be read in conjunction with, and not in derogation of, the Merchant's other terms & conditions relating to for the sale of Products on the Portal as displayed on the Portal (collectively the Sale Terms) including but not limited to the terms of cancellation, refund, fulfillment of Products, non-availability of stock etc. and nothing contained herein shall prejudice or affect the Sale Terms. You understand and acknowledge that the Sale Terms shall mutatis mutandis apply to the ePayLater Option. In the event of any conflict between the Sale Terms and these ePayLater Terms, these ePayLater Terms shall take precedence in relation to the payment of the Amount Dues and the terms and conditions governing the Amount Dues. Any refund payable for the Products purchased shall be subject to the rights of the Merchant as provided in the Sale Terms.
- The Personal Data will be kept confidential and only be used for the purposes provided in these ePayLater Terms. You further understand and agree that Personal Data may be transferred to other countries for storage, processing and use by the Merchant, its affiliates, and/or their service providers in accordance with applicable law.
- Only Customers who are competent to contract are eligible to enter into / accept these ePayLater Terms and avail of the credit. In the event, the Customer provides incorrect information about himself/herself, the Merchant reserves the right to cancel this ePayLater Option to such Customer.
- All disputes, if any, arising out of or in connection with or as a result of this ePayLater Option or otherwise relating hereto shall be subject to the exclusive jurisdiction of the competent Courts/Tribunals in Mumbai only.
- Notwithstanding anything mentioned in the ePayLater Terms, the Merchant or the Assignee has the right to notify the Customer to repay the Amount Dues on demand within a period of 24 hours.
- * All of the information (including Personal Data) entered / filled in by the Customer on the Portal for purchasing the Products and/or availing the ePayLater Option from the Merchant is true and correct in all respects.
- * He has read and agreed to the Sale Terms and the ePayLater Terms and that these ePayLater Terms are to be read in conjunction with the said Sale Terms.
- * provide such proof of identity and/or address to the Merchant as may be requested by the Merchant from time to time.
- * not to authorize others to use his/her account, or disclose his/her account details to any third party;
- * not to assign or otherwise transfer his/her account to any third person or legal entity or permit any third person or legal entity to use his/her account.
- * You have provided your consent to receive transaction related information from the Merchant or Arthashastra Fintech Private Limited via telephone or SMS;
- * The Insurer shall settle all eligible claims of the passengers enrolled under the Policy/Certificate of Insurance ("Insured Person (s)") in accordance with the Policy/Certificate of Insurance terms and conditions.
- * Travizars.com is only the Policyholder and is not liable for payment of any claims of the Insured person(s) under the Policy/ Certificate of Insurance. In the event of any claim, all correspondence by the claimant should be with ICICI Lombard (the Insurer)
- * The coverage under all benefits of the Policy shall be applicable only in the territory of India
- The ePayLater Terms are an electronic record in the form of an electronic contract formed under the Information Technology Act, 2000 and Rules made thereunder and the amended provisions pertaining to electronic documents/records in various statutes as amended by the Information Technology Act, 2000. These ePayLater Terms do not require any physical, electronic or digital signature. You acknowledge and agree that you shall be deemed to have read, understood and accepted these ePayLater Terms upon your checking the I have read, understood and accepted the Terms and Conditions checkbox at the time of placing the order.
REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS
LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF
DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
Updated: May 21, 2019.
THE SITE AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH TRAVELERS AND BUSINESS OWNERS MAY CREATE LISTINGS FOR TRAVEL GEAR AND USERS MAY LEARN ABOUT AND BOOK SERVICES DIRECTLY WITH THE OWNERS. YOU UNDERSTAND AND AGREE THAT TRAVIZARS.COM IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN BUSINESS/ITEM OWNERS AND USERS. TRAVIZARS.COM HAS NO CONTROL OVER THE CONDUCT OF BUSINESS/ITEM OWNERS< USERS AND OTHER USERS OF THE SITE AND SERVICES, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.
"TRAVIZARS.COM Content" means all Content that travizars.com makes available through the Site or Services, including any Content licensed from a third party, but excluding Member Content.
"Collective Content" means Member Content and travizars.com Content.
"Content" means text, graphics, images, music, software , audio, video, information or other materials.
"User" means a Member who requests from a business/item Owner a booking of a service/item via the Site or Services, or a Member who uses a service/item and is not the Owner of the business/item.
"Owner" means a Member who creates a Listing via the Site and Services.
"Listing" means an item or a service that is listed by a business/item Owner as available for rental via the Site and Services.
"Member" means a person who completes Travizars.com's account registration process, including but not limited to Business/item Owners and Users, as described under "Account Registration" below.
"Member Content" means all Content that a Member posts, uploads, publishes, submits, transmits, or includes in their Listing or Member profile to be made available through the Site or Services.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE.
If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity.
Travizars.com reserves the right, at its sole discretion, to modify the Site or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will either post the modification on the Site or otherwise provide you with notice of the modification. We will also update the "Last Updated Date" at the top of these Terms. By continuing to access or use the Site or Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and Services.
The Site and Services are intended solely for persons who are 18 or older. Any access to or use of the Site or Services by anyone under 18 is expressly prohibited. By accessing or using the Site or Services you represent and warrant that you are 18 or older.
How the Site and Services Work
The Site and Services can be used to facilitate the listing and booking of services/items ("Items"). Such s are included in Listings on the Site and Services by Owners. You may view Listings as an unregistered visitor to the Site and Services; however, if you wish to book a service/item or create a Listing, you must first register to create a Travizars.com Account (defined below).
As stated above, Travizars.com makes available an online platform or marketplace with related technology for business/item Owners and travelers to meet online and arrange for rentals directly with each other. Unless explicitly specified otherwise in the travizars.com platform, Travizars.com's responsibilities are limited to: facilitating the availability of the Site and Services.
PLEASE NOTE THAT, AS STATED ABOVE, THE SITE AND SERVICES ARE INTENDED TO BE USED TO FACILITATE BUSINESS/ITEM OWNERS AND TRAVELERS CONNECTING AND RENTING DIRECTLY WITH EACH OTHER. TRAVIZARS.COM CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION OR SUITABILITY OF ANY SERVICE/ITEM. TRAVIZARS.COM IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND ITEMS. ACCORDINGLY, ANY BOOKINGS WILL BE MADE OR ACCEPTED AT THE MEMBER'S OWN RISK.
In order to access certain features of the Site, and to book a service/item or create a Listing, you must register to create an account ("Travizars.com account") and become a Member. You may register to join the Services directly via the Site or as described in this section.
You can also register to join by logging into your account with certain third-party social networking sites ("SNS") (including, but not limited to, Facebook; each such account, a "Third-Party Account"), via our Site as described below. As part of the functionality of the Site and Services, you may link your Travizars.com Account with Third-Party Accounts, by either: (i) providing your Third-Party Account login information to Travizars.com through the Site or Application; or (ii) allowing Travizars.com to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Travizars.com and/or grant Travizars.com access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Travizars.com to pay any fees or making Travizars.com subject to any usage limitations imposed by such third-party service providers. By granting Travizars.com access to any Third-Party Accounts, you understand that Travizars.com will access, make available and store (if applicable) any Content that you have provided to and stored in your Third-Party Account ("SNS Content") so that it is available on and through the Site and Services via your Travizars.com Account and Travizars.com Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. 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 will be available on and through your Travizars.com Account on the Site and Services. Please note that if a Third-Party Account or associated service becomes unavailable or Travizars.com's access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Site and Services. You have the ability to disable the connection between your Travizars.com Account and your Third-Party Accounts, at any time, by accessing the "Settings" section of the Site.
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.
Travizars.com makes no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality or non-infringement and Travizars.com is not responsible for any SNS Content. Your Travizars.com Account and your Travizars.com Account profile page will be created for your use of the Site and Application based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active Travizars.com Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Travizars.com reserves the right to suspend or terminate your Travizars.com Account and your access to the Site and Services if you create more than one (1) Travizars.com Account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Travizars.com Account, whether or not you have authorized such activities or actions. You will immediately notify Travizars.com of any unauthorized use of your Travizars.com Account.
As a Member, you may create Listings. To create a Listing, you will be asked a variety of questions about the Service/item to be listed, including, but not limited to, the location, capacity, size, features, and availability and pricing and related rules and financial terms. In order to be featured in Listings via the Site and Services, all items must have valid physical addresses. Listings will be made publicly available via the Site and Services. Other Members will be able to book your Listings via the Site and Services based upon the information provided in your Listing. You understand and agree that once a User requests a booking of your service/item, you may not request the User to pay a higher price than in the booking request.
You acknowledge and agree that you alone are responsible for any and all Listings and Member Content you post. Travizars.com reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Travizars.com, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms, or otherwise harmful to the Site or Services.
If you are a business/item Owner, you understand and agree that Travizars.com does not act as an insurer or as your contracting agent. If a User requests a booking and rents out your item, any agreement you enter into with such User is between you and the User and Travizars.com is not a party to it.
When you create a Listing, you may also choose to include certain requirements which must be met by the Members who are eligible to request a booking of your service/item, such as requiring Members to have a profile picture or verified phone number, in order to book. Any Member wishing to book services/items included in Listings with such requirements must meet these requirements.
If you are a business/item Owner, Travizars.com makes certain tools available to you to help you to make informed decisions about which Members you choose to confirm for booking. You acknowledge and agree that, as a business/item Owner, you are responsible for your own acts and omissions and are also responsible for the acts and omissions.
Travizars.com recommends that business/item Owners obtain appropriate insurance for their items. Please review any insurance policy that you may have for your item carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Users (and the individuals the User invites to use, if applicable) while renting.
Travizars.com does not endorse any Member or any item. Members are required by these Terms to provide accurate information, and although Travizars.com may undertake additional checks and processes designed to help verify or check the identities or backgrounds of users, we do not make any representations about, confirm, or endorse any Member or the Member's purported identity or background.
Any references in the Site or Services to a Member being "verified" or "connected" (or similar language) only indicate that the Member has completed a relevant verification process, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by Travizars.com about any Member, including of the Member's identity and whether the Member is trustworthy, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Site and Services. We therefore recommend that you always exercise due diligence and care when deciding whether to rent out an Item from a business/item Owner or to accept a booking request from a User, or to have any other interaction with any other Member. By using the Site or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from Travizars.com with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site and Services regarding any bookings or Listings made by you.
Bookings and Financial Terms
"Fees" means the amounts that are due and payable by a User in exchange for that User's rental of an Item. The business/item Owner alone, and not Travizars.com, is responsible for the Fees for his or her Listing.
"User Fees" means the fee that Travizars.com charges a User for the use of the Services, which is calculated as a percentage of the applicable Fees. The User Fees will be displayed to the User when the User is asked whether to send a booking request to an Owner.
"Owner Fees" means the fee that Travizars.com charges a business/item Owner for the use of the Services, which is calculated as a percentage of the applicable Fees. The Owner Fees will be displayed to the Owner when the Owner is asked whether to confirm or reject a booking request from a prospective User.
"Service Fees" means collectively the User Fees and the Owner Fees.
"Total Fees" means collectively the Fees and the User Fees plus any Taxes.
Bookings and Financial Terms for Business/item Owners and Users
If you are a business/item Owner and a booking is requested for your item via the Site or Services, you will be required to either confirm or reject the booking request within the Booking Request Period, otherwise the booking request will automatically expire. When a booking is requested via the Site or Services, we will share with you (i) the first and last name of the User who has requested the booking, (ii) a link to the User's Travizars.com Account profile page, (iii) if the User and Owner have both connected their Travizars.com accounts to SNS, the names of any members of an SNS with whom you are "friends" or associated on the SNS if such individuals are also "friends" or associated with the User on such SNS, and (iv) an indication of whether or not the User has provided other information to Travizars.com, such as a verified email address, connection to SNSs, or a government ID. When you confirm a booking requested by a User, Travizars.com will send you an email confirming such booking.
Bookings and Financial Terms for Users
The Owners, not Travizars.com, are solely responsible for honoring any confirmed bookings and making available any item reserved through the Site and Services. If you, as a User, choose to enter into a transaction with a Owner for the booking of a , you agree and understand that you will be required to enter into an agreement with the Owner and you agree to accept any terms, conditions, rules and restrictions associated with such imposed by the Owner. You acknowledge and agree that you, and not Travizars.com, will be responsible for performing the obligations of any such agreements, that Travizars.com is not a party to such agreements, and that, with the exception of its payment obligations hereunder, Travizars.com disclaims all liability arising from or related to any such agreements. You acknowledge and agree that, notwithstanding the fact that Travizars.com is not a party to the agreement between you and the Owner.
In consideration for the use of Travizars.com online marketplace and platform, Travizars.com charges the Service Fees. Where applicable, Taxes (such as VAT in Europe) may also be charged in respect of the Owner Fees and User Fees.
Damage to Item
As a User, you are responsible for leaving the Item in the condition it was in when you rented it out. You acknowledge and agree that, as a User, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you provide access to the Item.
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site and Services and Collective Content. In connection with your use of the Site, Services and Collective Content, you may not and you agree that you will not:
• violate any law or regulation;
• use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in the Site, Services or Collective Content;
• Use the Site, Services or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms;
• Copy, store or otherwise access or use any information contained on the Site, Services or Collective Content for purposes not expressly permitted by these Terms;
• Infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
• interfere with or damage our Site or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
• use our Site or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
• use our Site, Services or Collective Content in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to lodging in a private residence;
• "stalk" or harass any other user of our Site, Services or Collective Content, or collect or store any personally identifiable information about any other user other than for purposes of transacting as an Travizars.com User or Owner;
• offer, as a Owner, any that you do not yourself own or have permission to rent out;
• register for more than one Travizars.com Account or register for an Travizars.com Account on behalf of an individual other than yourself;
• Contact an Owner for any purpose other than asking a question related to a booking, such Owner's item or Listings;
• Contact a User for any purpose other than asking a question related to a booking or such User's use of the Site and Services;
• recruit or otherwise solicit any Owner or other Member to join third-party services or websites that are competitive to Travizars.com, without Travizars.com's prior written approval;
• impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
• use automated scripts to collect information from or otherwise interact with the Site, Services or Collective Content;
• use the Site, Services or Collective Content to find a Owner or User and then complete a booking of a independent of the Site or Services, in order to circumvent the obligation to pay any Service Fees related to Travizars.com's provision of the Services or for any other reasons;
• as a Owner, submit any Listing with false or misleading price information, or submit any Listing with a price that you do not intend to honor;
• post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
• systematically retrieve data or other content from our Site or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
• use, display, mirror or frame the Site, Services or Collective Content, or any individual element within the Site, Services or Collective Content, Travizars.com's name, any Travizars.com trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Site or Services, without Travizars.com's express written consent;
• access, tamper with, or use non-public areas of the Site or Services, Travizars.com's computer systems, or the technical delivery systems of Travizars.com's providers;
• attempt to probe, scan, or test the vulnerability of any Travizars.com system or network or breach any security or authentication measures;
• avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Travizars.com or any of Travizars.com's providers or any other third party (including another user) to protect the Site, Services, or Collective Content;
• forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services or Collective Content to send altered, deceptive or false source-identifying information;
• attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services or Collective Content; or
• advocate, encourage, or assist any third party in doing any of the foregoing.
• accept or make a payment for Fees outside Travizars.com Payments. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold Travizars.com harmless from any liability for such payment.
Travizars.com has the right to investigate and prosecute violations of any of the above to the fullest extent of the law.
Travizars.com may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against Travizars.com or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer our agreements with users, such as these Terms, (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of Travizars.com, its users, or members of the public. You acknowledge that Travizars.com has no obligation to monitor your access to or use of the Site, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating and improving the Site and Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms. Travizars.com reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Travizars.com, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site or Services.
The Site, Services, and Collective Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Site, Services and Collective Content, including all associated intellectual property rights, are the exclusive property of Travizars.com and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services, or Collective Content.
Travizars.com Content and Member Content License
Subject to your compliance with the terms and conditions of these Terms, Travizars.com grants you a limited, non-exclusive, non-transferable license, to (i) access and view any Travizars.com Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Application, Services, or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Travizars.com or its licensors, except for the licenses and rights expressly granted in these Terms.
We may, in our sole discretion, permit you to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site and Services, you hereby grant to Travizars.com a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, by means of or to promote or market the Site and Services. Travizars.com does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site and Services or you have all rights, licenses, consents and releases that are necessary to grant to Travizars.com the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Travizars.com's use of the Member Content (or any portion thereof) on, through or by means of the Site, Application and the Services will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
The Site and Services may contain links to third-party websites or resources. You acknowledge and agree that Travizars.com is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Travizars.com of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of Travizars.com used herein are trademarks or registered trademarks of Travizars.com. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and Services ("Feedback"). You may submit Feedback by emailing us, through the “Contact” section of the Site, or by other means of communication. You acknowledge and agree that all Feedback you give us will be the sole and exclusive property of Travizars.com and you hereby irrevocably assign to Travizars.com and agree to irrevocably assign to Travizars.com all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such Feedback. At Travizars.com's request and expense, you will execute documents and take such further acts as Travizars.com may reasonably request to assist Travizars.com to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
Travizars.com respects copyright law and expects its users to do the same. It is Travizars.com's policy to terminate in appropriate circumstances the Travizars.com Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
Suspension, Termination and Travizars.com Account Cancellation
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time, decide to limit, suspend, deactivate or cancel your Travizars.com Account. If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your Travizars.com Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Site, Application, Services, your Travizars.com Account, your Member Content, or receive assistance from Travizars.com Customer Service, (b) any pending or accepted future bookings as either Owner or User will be immediately terminated, (c) we may communicate to your Users or Owners that a potential or confirmed booking has been cancelled, (d) we may refund your Users in full for any and all confirmed reservations, irrespective of preexisting cancellation policies, (e) we may contact your Users to inform them about potential alternate s with other Owners that may be available on the Site and Services, and (f) you will not be entitled to any compensation for reservations or bookings (even if confirmed) that were cancelled as a result of a suspension, deactivation or termination of your Travizars.com Account. You may cancel your Travizars.com Account at any time via the "Cancel Account" feature of the Services or by sending us an email. Please note that if your Travizars.com Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site and Services, including, but not limited to, any reviews or Feedback.
IF YOU CHOOSE TO USE THE SITE, SERVICES OR COLLECTIVE CONTENT, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT TRAVIZARS.COM DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, USERS AND OWNERS BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT AND REFERRAL PROGRAM ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, TRAVIZARS.COM EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. TRAVIZARS.COM MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY S, OR THE REFERRAL PROGRAM WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. TRAVIZARS.COM MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, ITEMS, OWNERS, USERS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE OR SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM TRAVIZARS.COM OR THROUGH THE SITE, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY OWNERS OR USERS. YOU UNDERSTAND THAT TRAVIZARS.COM DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE OR SERVICES OR TO REVIEW ANY S. TRAVIZARS.COM MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE AND SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES INCLUDING, BUT NOT LIMITED TO, USERS AND OWNERS.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, SERVICES AND COLLECTIVE CONTENT, YOUR LISTING OR BOOKING OF ANY S VIA THE SITE AND SERVICES, YOUR PARTICIPATION IN THE REFERRAL PROGRAM, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF TRAVIZARS.COM WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER TRAVIZARS.COM NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT OR THE REFERRAL PROGRAM WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, SERVICES, OR FROM YOUR LISTING OR BOOKING OF ANY VIA THE SITE AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TRAVIZARS.COM HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
You agree to release, defend, indemnify, and hold Travizars.com and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Services, or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) booking of a , or (iii) creation of a Listing; (d) the use, condition or rental of a by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, booking or use of a .
These Terms constitute the entire and exclusive understanding and agreement between Travizars.com and you regarding the Site, Application, Services, Collective Content, and any bookings or Listings of s made via the Site and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Travizars.com and you regarding bookings or listings of s, the Site, Application, Services, and Collective Content.
You may not assign or transfer these Terms, by operation of law or otherwise, without Travizars.com's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Travizars.com may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Travizars.com (i) via email (in each case to the address that you provide) or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Controlling Law and Jurisdiction
These Terms and your use of the Services will be interpreted in accordance with the laws of England and Wales.
The failure of Travizars.com to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Travizars.com. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Third party beneficiary
These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties. Notwithstanding the foregoing, the parties agree that the payment card networks are third party beneficiaries of these Terms for purposes of enforcing provisions related to payments, but that their consent or agreement is not necessary for any changes or modifications to these Terms.
If you have any questions about these Terms please contact Travizars.com.