Terms of Use

THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF INFORMATION TECHNOLOGY ACT, 2000 AND RULES THERE UNDER AS APPLICABLE AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.

THIS DOCUMENT IS PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF RULE 3 (1) OF THE INFORMATION TECHNOLOGY (INTERMEDIARIES GUIDELINES) RULES, 2011 THAT REQUIRE PUBLISHING THE RULES AND REGULATIONS, PRIVACY POLICY AND TERMS OF USE FOR ACCESS OR USAGE OF THE PLATFORM.

Last Updated: July 29, 2020

Welcome to the Terms of Use (“Terms”) of Airblack Technologies Private Limited, a company incorporated under the Companies Act, 2013 with its registered office at Unit No. 812A, The Palm Square, Golf Course Extension Road, Sector-66, Gurugram- 122002 (“Company”, “We”, “Us”, or “Our”). The Company is in the business of travel advisory, itinerary planning, and other travel related services.

By accessing or using the website available at www.airblack.co and any subdomains (“Website”) and Our mobile application available on Android and iOS platforms (“Application”). You agree to be bound by these Terms.

The Website and Application are collectively referred to as “Platform” .

Your agreement with Us includes these Terms and the Privacy Policy available on the Platform (collectively “Agreement” ).

The expressions “You” or “Your” refers to any person who downloads, accesses or uses the Platform for any purpose.

All terms used with a capitalized first letter shall have the meaning assigned to them in these Terms.

TABLE OF CONTENTS:

1. AMENDMENT TO THE TERMS:

If You do not agree with these Terms or any provisions in the Agreement, then please refrain from using the Platform. We reserve the right to change, modify, amend, or update these Terms and/or the Agreement from time to time and such amended provisions of these Terms and/or the Agreement shall be effective immediately upon being posted on the Platform. You can determine when these Terms and/or Agreement were last revised by referring to the ‘LAST UPDATED’ at the top of these Terms and/or Agreement. Your continued use of the Platform shall be deemed to signify Your acceptance of these provisions or amended provisions of these Terms and/or the Agreement.

2. ELIGIBILITY CRITERIA:

You represent and warrant that You have the right to access or use the Platform. The Platform can only be availed by those individuals or business entities, including sole proprietorship firms, companies and partnerships, which can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Platform.

If You register on behalf of a business entity, You represent that: (a) You have the authority to bind the entity to these Terms and/or this Agreement; and (b) all other information submitted to the Company during the registration process is true, accurate, current and complete.

3. GENERAL DISCLAIMER:

3.1

By using the Platform, You agree that You meet the Eligibility Criteria as detailed in Clause 2 (above) and that You are fully able and competent to understand and accept this Agreement as a binding contract and to abide by these Terms.

3.2

You agree that You shall not access the Platform by any other means other than through the interfaces that are provided by Us.

3.3

You agree that You shall not acquire, copy, or monitor any portion of the Platform in any way to reproduce or circumvent the navigational structure or presentation of the Platform, to obtain or attempt to obtain any materials, documents, or information through any means not specifically made available through the Platform.

3.4

You agree that You shall not attempt to reverse engineer, de-encrypt, or otherwise derive the design, internal logic, structure or inner workings (including algorithms and source code) of the Platform, any other software, products, models, prototypes, or other items provided by Us.

3.5

You agree that You shall not use any deep link, robot, spider or other automatic device or methodology, or any similar or equivalent manual process, to access, acquire, download, copy or monitor the Platform or any part thereof, or obtain any content through means not specifically made available through the Platform.

3.6

You agree that You shall not breach any provisions of the Agreement or violate any provisions of applicable law.

3.3

Stored Information: We store all data that is shared by You or by a third party on Your behalf such as image files, documents etc. either at the time of accessing the Platform or information provided by You to Us or the Influencer through social media platforms such as but not limited to WhatsApp /Instagram.

Personal Information, Automatic Information and Stored Information shall individually be referred to as“Personal Information”, “Automatic Information”, “Stored Information” respectively and collectively as “Information”.

Information does not refer to any content that You may share with Us for the purposes of publishing on Our Platform. Such content shall be governed by Our Terms of Use.

4. CODE OF CONDUCT:

You shall not host, display, upload, modify, publish, transmit, update or share any information that:

a)

belongs to another person and to which You do not have any right to;

b)

is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;

c)

harms minors in any way;

d)

infringes any patent, trademark, copyright or other proprietary rights;

e)

violates any law for the time being in force;

f)

deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

g)

impersonates another person;

h)

contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; and

i)

threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.

5. REGISTRATION PROCESS:

The User may register on the Platform through any of the following methods:

5.1

The Company’s social media profiles available on social network sites such as Instagram, Facebook, etc; or

5.2

Through advertisements on social media platforms i.e., Facebook, Instagram, etc.; or

5.3

Through the Platform.

Through any of the above mentioned methods, the User may be asked to provide information such as but not limited to, name, age, gender, email address and mobile number. The Company shall send a One Time Password (“OTP”) to the User and on completion of the verification, at the Company’s sole discretion, the User may be registered as a member on the Platform (“Member”).

6. SERVICES:

On successful completion of registration the Member shall be connected to influencers (individuals employed/contracted by the Company who are experienced travellers) (“Influencer”) to provide travel related advisory services, itinerary planning and travel suggestions (“Services”) to the Member.

The Member may use the Platform and the services, such as making travel and accommodation bookings made available on the Platform (“Platform Services”) subject to these Terms and the applicable terms and conditions as mentioned therein.

7. CONTENT:

7.1

We may, at Our sole discretion, enable Members to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the Platform (“Member Content”); and (ii) access and view Member Content and any content that We make available on or through the Platform, including proprietary content and any content licensed or authorized for use by or through Us from a third party.

7.2

By creating, uploading, posting, sending, receiving, storing, or otherwise making available any Member Content on or through the Platform, You grant to Us, a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such Member Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Member Content to provide and/or promote the Platform, in any media or platform. Unless you provide specific consent, We do not claim any ownership rights in any Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your Member Content.

7.3

We respect copyright law and expect Our Members to do the same. If You believe that any content on the Platform infringes copyrights You own, please notify Us at info@airblack.co

8. REPRESENTATIONS AND WARRANTIES:

The Member represents and warrants that:

8.1

The Member shall not misuse any information shared by the Influencer with the Member.

8.2

The Member shall refrain from communicating or contacting an Influencer outside of the channels of communication as approved and communicated by the Company to the Member.

8.3

During the course of any communication with an Influencer, the Member is required to refrain from communicating any personal or financial information with the Influencer. If the Member chooses to do so, it shall be in breach of these Terms and the Company shall in no manner be responsible for the security/confidentiality of such information communicated to the Influencer by the Member.

8.4

The Member shall use the Platform only for the intended purpose of the Platform.

8.5

The Member agrees and understands that the Company is merely a facilitator between the Member and the Influencer and shall not be responsible for any actions or inactions of the Influencer.

9. TERMINATION:

The Company may suspend or terminate Member’s use of the Platform:

9.1

At its sole and absolute discretion for no cause; or

9.2

if it believes, in its sole and absolute discretion that the Member has breached, violated, abused, or unethically manipulated or exploited any term of the Agreement; or

9.3

if it is brought to the Company’s notice or if it is discovered that the Member is under the age of 18 (eighteen) years; or

9.4

if the Company has reasonable grounds to suspect that any information provided by Member is untrue, inaccurate, not current or incomplete, or not in accordance with these Terms.

10. USE OF YOUR PERSONAL INFORMATION:

In the course of registering as a Member on the Platform or the use of the Platform, the User may be asked to provide certain personal information to Us. The Company’s information collection and use policies with respect to privacy of such information are set forth in the Privacy Policy available on the Platform.

11. NO GUARANTEES:

Among other things, the Company does not guarantee that:

a

The Platform will meet the User’s/Member’s expectations; or

b

The Platform will be accessible without interruption or in a timely, reliable, or fault-free manner; or

c

The results obtained through use of the Platform will be correct and reliable.

No guidance or information, written or oral, obtained from the Company or via the Platform, that has not specifically been stated in these Terms, shall constitute any warranty.

12. DISCLAIMER AND LIMITATION OF LIABILITIES:

THE COMPANY IS MERELY A FACILITATOR. THIS PLATFORM IS PROVIDED BY THE COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS PLATFORM OR THE INFORMATION, CONTENT INCLUDED ON THIS PLATFORM. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS PLATFORM IS AT YOUR SOLE RISK. THE COMPANY RESERVES THE RIGHT TO WITHDRAW OR DELETE ANY INFORMATION FROM THIS PLATFORM AT ANY TIME AT ITS DISCRETION. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED. THE COMPANY DOES NOT WARRANT THAT THIS PLATFORM, ITS SERVERS, OR EMAIL SENT FROM THE COMPANY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS PLATFORM, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.

13. INDEMNIFICATION:

The User agrees to indemnify, defend and hold harmless the Company from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the Company 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 User pursuant to these Terms or Privacy Policy.

14. SEVERABILITY:

If, for any reason, a court of competent jurisdiction finds any provision of the Terms, or portion thereof, to be unenforceable, that portion shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision. The remainder of the Terms shall continue in full force and effect.

15. WAIVER:

No provision of the Agreement shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by the Company. Any consent by the Company to, or a waiver by the Company of any breach by the User, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

16. GOVERNING LAW AND JURISDICTION:

These Terms shall be governed by the laws of India. Subject to dispute resolution clause below, courts and tribunals of New Delhi, India have exclusive jurisdiction to settle any dispute arising out of or in connection with these Terms (including any disputes regarding the existence, validity or termination of these Terms).

17. DISPUTE RESOLUTION:

If any dispute, controversy or claim arises under, out of, or in relation to these Terms, including any dispute concerning the formation, construction, interpretation, or breach of these Terms or any party’s performance of its obligations under it, such dispute shall at the first instance be attempted to be resolved through mutual good faith consultations. If the dispute is not resolved in this manner within forty five (45) days of either party sending a notice (in accordance to Clause 16) to the other party of such dispute, then the dispute shall be resolved by binding arbitration under the provisions of the Arbitration & Conciliation Act 1996, by a sole arbitrator in New Delhi, India.

18. NOTICES:

All notices or demands to or upon the Company shall be effective if in writing and shall be deemed to be duly made when sent to: Airblack Technologies Private Limited, at Unit No. 812A, The Palm Square Golf Course Extension Road, Sector-66, Gurgaon- 122002 or by email to info@airblack.co. All notices or demands to or upon a Member shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last known correspondence, fax or email address provided by the Member on the Platform, or by posting such notice or demand on an area of the Platform that is publicly accessible. Notice to a Member shall be deemed to be received by such Member if and when the Platform is able to demonstrate that communication, whether in physical or electronic form, has been sent to such Member, or immediately upon Platform’s posting such notice on an area of the Platform that is publicly accessible.

19. MISCELLANEOUS:

19.1

Headings for any section of the Agreement are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

19.2

The Company shall have the right to assign its obligations and duties in this Agreement to any person or entity.

19.3

All telephonic calls to the Company will be kept completely confidential. However, Your call may be recorded to ensure quality of service. Further, for training purposes and to ensure excellent customer service, calls from the Company to the User or from the User to the Company may be monitored and/or recorded.

19.4

Pulkit Pujara is the designated Grievance Officer in respect of the Platform. Any complaints or concerns with regards to any content on the Platform or any breach of this Agreement or Privacy Policy can be directed to the designated Grievance Officer in writing at: Airblack Technologies Private Limited, at Unit No. 812A, The Palm Square Golf Course Extension Road, Sector-66, Gurgaon- 122002 or through an email signed with electronic signatures sent to info@airblack.co

© 2020 Airblack Technologies Pvt Ltd. All rights reserved.