User Agreement

This User Agreement constitutes a binding contract between you, the User, and HotelKhoj.com (“Website”) with regard to the use of various services that are provided by HotelKhoj.com.

1. Acceptance of terms
1.1 HotelKhoj is a part of goTrip India Pvt Ltd, a company incorporated under the laws of  India, 13/1, 2nd Floor, IT Park, Parsodi, Nagpur, Maharashtra, India, Pin: 440022, provides online hotel reservation services through its Website - www.hotelkhoj.com.

1.2 HotelKhoj shall provide you ("User") hotel related information, pricing, availability, & room reservations across cities & towns throughout India ("Service"). This Service may be availed by the User in India or elsewhere at any time during the year as is offered by various third party vendors like hotels, etc. ("Service Providers").

1.3 This User Agreement (“Agreement”) is applicable to all HotelKhoj Services. In addition to this Agreement and depending on the Services opted for by the User, the User shall be required to read & accept the relevant terms & conditions of service (“TOS”) for each such Service, which may be updated or modified by HotelKhoj from time to time. Such TOS shall be deemed to be a part of this Agreement and in the event of a conflict between such TOS & this Agreement, the terms of this Agreement shall prevail.

1.4 HotelKhoj Services are offered to the User conditioned on acceptance without modification of all the terms, conditions, & notices contained in this Agreement & the TOS, as may be posted on the Website from time to time. For the removal of doubts, it is clarified that availing of the Services by the User constitutes an acknowledgment & acceptance by the User of this Agreement & the TOS. If the User does not agree with any part of such terms, conditions, & notices, the User must not avail HotelKhoj Services.

1.5 Additionally, the Service Provider itself may provide terms & guidelines that govern particular features, offers, or the operating rules & policies applicable to the Service. The User shall be responsible for ensuring compliance with the terms & guidelines or operating rules & policies of the Service Provider with whom the User elects to deal, including terms & conditions set forth in a Service Providers' tariff rules, etc.

1.6 HotelKhoj at its sole discretion reserves the right not to accept any order placed by the user through the Website without assigning any reason thereof.

2. Modification of terms
HotelKhoj reserves the right to change the terms, conditions, & notices under which the Services are offered through the Website, including but not limited to the charges for the Services provided through the Website. The User shall be responsible for regularly reviewing these terms & conditions.

3. Privacy policy
The User hereby consents, expresses, & agrees that he has read and fully understands the Privacy Policy of HotelKhoj. The User further consents that the terms & contents of such Privacy Policy are acceptable to him.

4. Limited use
4.1 The User agrees & undertakes not to sell, trade, resell, or exploit for any commercial purposes, any portion of the Service. For the removal of doubt, it is clarified that HotelKhoj Services, including the use of the Website, is not for commercial use but is specifically meant for personal use only.

4.2 The User further agrees & undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from the Website. Limited reproduction & copying of the content of the Website is permitted provided that the HotelKhoj's name is stated as the source. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data & information within the content of the Website is not permitted.

5. Disclaimer of warranties/limitation of liability
5.1 HotelKhoj has endeavored to ensure that all the information provided by it is correct, but HotelKhoj neither warrants nor makes any representations regarding the quality, accuracy, or completeness of any data or information. HotelKhoj makes no warranty, express or implied, concerning the Website &/or its contents and disclaims all warranties of fitness for a particular purpose & warranties of merchantability in respect of services, including any liability, responsibility or any other claim, whatsoever, in respect of any loss, whether direct or consequential, to any user or any other person, arising out of or from the use of any such information.

5.2 To the extent HotelKhoj acts only as a booking agent on behalf of third party service providers, it shall not have any liability whatsoever for any aspect of the arrangements between the service provider & the user as regards the standards of services provided by the service providers. In no circumstances shall HotelKhoj be liable for the services provided by the service provider.

5.3 Although HotelKhoj makes reasonable commercial efforts to ensure that the description & content in the TOS and on each page of the Website is correct, it does not, however, take responsibility for changes that occurred due to human or data entry errors or for any loss or damages suffered by any user due to any information contained herein.

Also, HotelKhoj is not the service provider and cannot therefore control or prevent changes in the published descriptions or oral representations, which are always based upon information provided by the service providers.

5.4 HotelKhoj does not endorse any advertiser on its Website in any manner. The users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.

5.5 HotelKhoj does not, by offering hotel & travel related services to particular destinations, represent or warrant that travel to such destinations is without risk, and shall not be liable for damages or losses that may result from travel to such destinations.

5.6 In no event shall HotelKhoj be liable for any direct, indirect, punitive, incidental, special, consequential damages, or any other damages resulting from: (a) the use or the inability to use the services; (b) the cost of procurement of substitute goods &/or services or resulting from any goods, information, or services purchased or obtained or messages received or transactions entered into through the services; (c) unauthorized access to or alteration of the user's transmissions or data; (d) any other matter relating to the services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with availing services from HotelKhoj.

Neither shall HotelKhoj be responsible for the delay or inability to use the Website or services, the provision of or failure to provide services, or for any information, software, products, services & related graphics obtained from HotelKhoj, whether based on contract, tort, negligence, strict liability, or otherwise. Further, HotelKhoj shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the services that may occur due to technical reasons or for any reason beyond HotelKhoj's control. The user understands and agrees that any material &/or data downloaded or otherwise obtained from HotelKhoj is done entirely at their own discretion & risk and they will be solely responsible for any damage to their computer systems or any other loss that results from such material &/or data.

These limitations, disclaimer of warranties & exclusions apply without regard to whether the damages arise from (a) breach of contract, (b) breach of warranty, (c) negligence, or (d) any other cause of action, to the extent such exclusion & limitations are not prohibited by applicable law.

The maximum liability on part of HotelKhoj arising under any circumstances, in respect of any services availed, shall be limited up to a maximum of the refund of total amount received from the customer for availing the services less any cancellation, refund or others charges, as may be applicable. In no case the liability shall include any consequential loss, damage, or additional expense whatsoever.

6. Links to third party sites
6.1 The Website may contain links to other Websites ("Linked Sites"). The Linked Sites are not under the control of HotelKhoj or HotelKhoj is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. HotelKhoj is not responsible for any form of transmission, whatsoever, received by the User from any Linked Site. HotelKhoj is providing these links to the User only as a convenience, and the inclusion of any link does not imply endorsement by HotelKhoj or the Website of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof.

6.2 HotelKhoj is not responsible for any errors, omissions, or representations on any Linked Site. HotelKhoj does not endorse any advertiser on any Linked Site in any manner. The Users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.

7. Prohibition against unlawful use
As a condition of the use of the Website, the User warrants that they will not use the Website for any purpose that is unlawful or illegal under any law for the time being in force within or outside India or prohibited by this Agreement &/or the TOS including both specific & implied. In addition, the Website shall not be used in any manner, which could damage, disable, overburden, or impair it or interfere with any other party's use &/or enjoyment of the Website. The User shall refrain from obtaining or attempting to obtain any materials or information through any means not intentionally made available or provided for or through the Website.

8. Use of communication services
8.1 The Website may contain services such as email, chat, bulletin board services, guides, information related to various tourist spots, news groups, forums, communities, personal webpages, calendars, &/or other message (hereinafter collectively referred to as "Communication Services"). The User agrees & undertakes to use the Communication Services only to post, send & receive messages & material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, the User agrees & undertakes that when using a Communication Service, the User will not:
(a) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
(b) publish, post, upload, or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material or information;
(c) upload files that contain software or other material protected by intellectual property laws unless the User owns or controls the rights thereto or have received all necessary consents;
(d) upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or other's computer;
(e) advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages;
(f) conduct or forward surveys, contests, pyramid schemes, or chain letters;
(g) download any file posted by another user of a Communication Service that the User know, or reasonably should know, cannot be legally distributed in such manner;
(h) falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
(i) violate any code of conduct or other guidelines, which may be applicable for or to any particular Communication Service;
(j) violate any applicable laws or regulations for the time being in force in or outside India; and
(k) violate any of the terms & conditions of this Agreement or any other terms & conditions for the use of the Website contained elsewhere herein.

8.2 HotelKhoj will review materials posted through Communication Service and shall remove any materials in its sole discretion. HotelKhoj reserves the right to terminate the User's access to any or all of the Communication Services at any time without notice for any reason whatsoever.

8.3 HotelKhoj reserves the right at all times to disclose any information as is necessary to satisfy or comply with any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in HotelKhoj's sole discretion.

8.4 HotelKhoj does not control or endorse the content, messages or information found in any communication service and, therefore, HotelKhoj specifically disclaims any liability or responsibility whatsoever with regard to the communication services and any actions resulting from the user's participation in any communication service.

8.5 Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction &/or dissemination. User is responsible for keeping himself updated of and adhering to such limitations if they download the materials.

8.6 When you register with HotelKhoj.com, we or any of our partners/affiliate/group companies may contact you from time to time to provide the offers/information of such products/services that we believe may benefit you.

9. Termination/Access restriction
HotelKhoj reserves the right, in its sole discretion, to terminate the access to the Website and the related services or any portion thereof at any time, without notice.

10. Fees payment
10.1 HotelKhoj reserves the right to charge listing fees for certain listings, as well as transaction fees based on certain completed transactions using the HotelKhoj Services. HotelKhoj further reserves the right to alter any & all fees from time to time, without notice.

10.2 The User shall be liable to pay all applicable charges, fees, duties, taxes, levies & assessments for availing the HotelKhoj Services.

11. User's obligations and user account
11.1 The User represent & confirm that the User is of legal age to enter into a binding contract and is not a person barred from availing the Services under the laws of India or other applicable law.

11.2 To avail a Service through the Website, the User has & must continue to maintain at his sole cost: (a) all the necessary equipments including a computer & modem etc to access the Website/avail Services; (b) own access to the World Wide Web. The User shall be responsible for accessing the Services and that access may involve third party fees including, airtime charges or internet service provider’s charges which are to be exclusively borne by the User.

11.3 The user also understands that the services may include certain communications from HotelKhoj as service announcements & administrative messages. The user understands & agrees that the services are provided on an "as is" basis and that HotelKhoj does not assume any responsibility for deletions, mis-delivery, or failure to store any user communications or personalized settings.

11.4 Registration of the User on the Website is optional. If the User opts to register himself on the Website, upon completion of the registration process, the User shall receive a user id & password. The User agrees & undertakes at all times to be responsible for maintaining the confidentiality of the password & user id, and shall be fully responsible for all activities that occur by use of such user id. Further, the User agrees not to use any other party's under id & password for any purpose whatsoever without proper authorization from such party. You are responsible for the security of your password and for all transactions undertaken using your password through our service. The Password entered by you is transmitted in one-way encrypted form to our database and stored as such. Thus the Password will not be known even to HotelKhoj. You confirm that you are the authorised holder of the credit card or the original account holder used in the transactions you make using the HotelKhoj services. HotelKhoj will not be responsible for any financial loss, inconvenience, or mental agony resulting from misuse of your ID/password/credit card number/account details number for using HotelKhoj Services.

11.5 The user also agrees & undertakes to immediately notify HotelKhoj of any unauthorized use of the user's password or user id and to ensure that the user logs off at the end of each session at the Website. HotelKhoj shall not be responsible for any, direct or indirect, loss or damage arising out of the user's failure to comply with this requirement.

11.6 The User also agrees to: (a) provide true, accurate & complete information about himself & his beneficiaries as prompted by the registration form ("Registration Data") on the Website; and (b) maintain and promptly update the Registration Data to keep it true, accurate, current, & complete. If the User provide any information that is untrue, inaccurate, not current, incomplete, or HotelKhoj has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, HotelKhoj has the right to suspend or terminate the User's registration and refuse any & all current or future use of the Website &/or any Service.

11.7 Furthermore, the User grants HotelKhoj the right to disclose to third parties Registration Data to the extent deemed necessary for the purpose of carrying out the Services.

12. Breach
12.1 Without prejudice to the other remedies available to HotelKhoj under this agreement, the TOS or under applicable law, HotelKhoj may limit the user's activity, or end the user's listing, warn other users of the user's actions, and immediately suspend or terminate the user's registration temporarily/indefinitely, &/or refuse to provide the user with access to the Website if:
(a) the user is in breach of this agreement, the TOS &/or the documents it incorporates by reference;
(b) HotelKhoj is unable to verify or authenticate any information provided by the user; or
(c) HotelKhoj believes that the user's actions may infringe on any third party rights or breach any applicable law or otherwise result in any liability for the user, other users of the Website.

12.2 HotelKhoj may at any time at its sole discretion reinstate suspended users. Once the user have been indefinitely suspended the user may not register or attempt to register with HotelKhoj or use the Website in any manner whatsoever until such time that the user is reinstated by HotelKhoj. Notwithstanding the foregoing, if the user breaches this agreement, the TOS or the documents it incorporates by reference, HotelKhoj reserves the right to recover any amounts due and owing by the user to HotelKhoj &/or the service provider & to take strict legal action as HotelKhoj deems necessary.

13. Proprietary rights
13.1 HotelKhoj may provide the User with content such as sound, photographs, graphics, video, or other material contained in sponsor advertisements or information. This material may be protected by copyrights, trademarks, or other intellectual property rights & laws. The User may use this material only as expressly authorized by HotelKhoj and shall not copy, transmit, or create derivative works of such material without express authorization from HotelKhoj.

13.2 The User acknowledges & agrees that they shall not upload, post, reproduce or distribute any content on or through the Website that is protected by copyright or other proprietary right of a third party, without obtaining the permission of the owner of such right. Any copyrighted or other proprietary content distributed on or through the Website with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject the User to personal liability or criminal prosecution.

14. Relationship
None of the provisions of this Agreement, terms & conditions, notices, or the right to use the Website by the User contained herein or any other section or pages of the Website &/or the Linked Sites, shall be deemed to constitute a partnership between the User & HotelKhoj and no party shall have any authority to bind or shall be deemed to be the agent of the other in any way. It may be noted, however, that if by using the Website, the User authorizes HotelKhoj & its agents to access third party sites designated by them or on their behalf for retrieving requested information, the User shall be deemed to have appointed HotelKhoj & its agents as their agent for this purpose.

15. Headings
The headings & subheadings herein are included for convenience & identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of this Agreement, the TOS, or the right to use the Website by the User contained herein or any other section or pages of the Website or any Linked Sites in any manner whatsoever.

16. Interpretation of number and genders
The terms & conditions herein shall apply equally to both the singular & plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine & feminine. The words "include", "includes", & "including" shall be deemed to be followed by the phrase "without limitation". Unless the context otherwise requires, the terms "herein", "hereof", "hereto", "hereunder", & words of similar import refer to this Agreement as a whole.

17. Indemnification
The User agrees to indemnify, defend, & hold harmless HotelKhoj from & against any & all losses, liabilities, claims, damages, costs, & expenses (including legal fees & disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by HotelKhoj that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by the User pursuant to this Agreement &/or the TOS.

18. Severability
If any provision of this Agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision & all other provisions of this Agreement shall continue to be in full force & effect.

19. Termination of agreement and services
19.1 Either the User or HotelKhoj may terminate this Agreement and a Service with or without cause at any time to be effective immediately.

19.2 The User agrees that HotelKhoj may under certain circumstances and without prior notice, immediately terminate the User's user id & access to the Website/Services. Causes for termination may include, but shall not be limited to, breach by the User of this Agreement or the TOS, requests by enforcement or government agencies, requests by the User, non-payment of fees owed by the User in connection with the Services as specified in the applicable TOS.

19.3 This Agreement may be terminated by either the User or HotelKhoj through a written notice to the other. HotelKhoj shall not be liable to the User or any third party for termination of any Service. Should the User object to any terms & conditions of this Agreement, any TOS or become dissatisfied with the Service in any way, the User's only recourse is to immediately: (a) discontinue use of the Website/Service; and (b) notify HotelKhoj of such discontinuance.

19.4 Upon termination of the Service, User's right to use the Website/Services & software shall immediately cease. The User shall have no right and HotelKhoj shall have no obligation thereafter to execute any of the User's uncompleted tasks or forward any unread or unsent messages to the User or any third party. Once the User's registration or the Services are terminated, canceled or suspended, any data that the User has stored on the Website may not be retrieved later.

20. Governing law
This agreement & each TOS shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles & disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the Bombay High Court, Nagpur, Maharashtra.