1. GENERAL TERMS AND CONDITIONS
These General Terms and Conditions govern the User’s access to the Services provided by Dialmytrip Tech Private Limited:
1.1 INFORMATION SUPPLIED TO DIALMYTRIP. Users agree that the information provided by the Users to Dialmytrip on registration and at all other times, including payment, is true, accurate, current, and complete.
1.2 SECURITY OF ACCOUNT. Users’ mobile number and email identifies a Users’ account with Dialmytrip through which Dialmytrip services are dispensed (“Account”). Dialmytrip encourages Users to choose a strong password to protect their Account. It is advised that Users do not share their password with anyone or write it down. Neither Dialmytrip nor its Service Providers, under any circumstances, will ever ask for a User's Account password or any other confidential information. If a User has any reason to believe that his Account is no longer secure, then the User shall immediately change the Account password and indemnify Dialmytrip from any liabilities that may arise from the misuse of such User’s Account.
1.3 RECLAIMING INACTIVE ACCOUNTS. If an Account is found to be overly inactive, the Account may be reclaimed by Dialmytrip without providing notice to the concerned User. An Account is considered as inactive if the concerned User is not signing in and/or has not done any transactions for more than one (1) month.
1.4 THIRD PARTY SITES, PRODUCTS AND SERVICES. Dialmytrip’s services and/or the Site may include links or references to other web sites or services solely for the Users’ convenience (“Reference Sites”). Dialmytrip does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. Correspondence or business dealings between Users and concerned Reference Sites are solely between such User and the concerned Reference Site.
1.5 COMMUNICATION POLICY.
a.) The User hereby accepts that Dialmytrip may send transactional or non-transactional business communication in the form of SMS or Email or Push notifications as part of its efforts to fulfil the User’s request or service your account. A User may continue to receive all such communication from Dialmytrip even after opting out of marketing communications.
b.) Dialmytrip will make the best efforts to provide notifications and it shall be deemed that the User shall have received the information sent from the Company during the course of, or in relation to, using the Dialmytrip Platform or availing any Services. Dialmytrip shall not be under any obligation to confirm the authenticity of the person(s) receiving the alert. The User cannot hold the Company liable for non-availability of any notification service in any manner whatsoever.
1.7 FRAUDULENT TRANSACTIONS
a. If Dialmytrip is intimated, by the bank, that a Customer has reported an unauthorized debit/chargeback of the Customer’s Payment Instrument (“Fraudulent Transaction”), User shall be notified by the Dialmytrip. The User shall be entitled to furnish documents and information pertaining to the Transaction associated with the Chargeback within three (3) days (or such other period specified by the bank). The User agrees and acknowledges that (i) if the User is unable to furnish Chargeback Documents (ii) the bank is not satisfied with the Chargeback documents furnished by the User, then the bank shall be entitled to order the Dialmytrip to effect a reversal of the debit of the Chargeback Amount associated with the Chargeback such that the said chargeback amount is credited to the Customer’s Payment Instrument. Dialmytrip shall also be entitled to suspend the settlement of the amount under dispute or hold the value of transaction under dispute from the following settlement of the transaction during the pendency of inquiries, investigations and resolution thereof by the Service Providers to the User.
b. The User also agrees and acknowledges that it is liable to pay fines, penalties and charges imposed by the Banks, card payment networks or any regulatory authority on account of Transactions that are in violation of Applicable Law.
c. The User further agrees and acknowledges that following Dialmytrip incurring the charge, if the available Transaction Amounts are insufficient for deduction of the Chargeback Amount, then Dialmytrip is entitled to issue a debit note seeking reimbursement of the Chargeback Amount from the User. The User shall reimburse the Chargeback Amount within three (3) working days of receipt of the debit note.
d. The Parties hereto agree that any payment instructions for Transactions accepted by the User as per the terms hereof which are subsequently disputed due to (a) the authorization by the User of any Transaction with an amount exceeding the User’s account balance or credit limit, or (b) the authorization by the User of a fraudulent Transaction, shall always be the liability and responsibility of User.
e. The User hereby acknowledges and agrees that Dialmytrip is a facilitator for payment processing services which are requested and authorized by Users and Dialmytrip shall not be responsible for any unauthorized transaction done by any person including third party and amounting to infringement of another’s rights or any chargebacks claimed by the Customers
1.8 SECURITY OF YOUR ACCOUNT.
b. The User confirms and certifies that it shall not engage in any act that violate any laws and regulations. It shall also ensure that the financial data or any other information of the Customers received by the User are stored in a system only in India. This data shall include full end to end transaction details/information collected/carried/processed as part of the message/payment instructions.
1.9 USER’S REPRESENTATIONS AND WARRANTIES. The User represents and warrants that:
b. it shall be responsible to obtain any and all consents and approvals that are required from regulatory or governmental authorities, including any consent from Customers required to transfer data to the User and/or the Dialmytrip Platform, as the case may be, in accordance with Applicable Law
c. All costs associated with purchasing of software licenses and hardware (if any) are to be absolutely and unconditionally borne by the User,
e. it shall not access (or attempt to access) the website and the Products by any means other than through the interface that is provided by Dialmytrip.
f. it shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, password "mining" or any other illegitimate means.
1.10 INDEMNIFICATION. (A) User agrees to indemnify, save, and hold Dialmytrip, its affiliates, contractors, employees, officers, directors, agents and its third-party suppliers, licensors, and partners harmless from any and all claims, demands, actions, suits which may be threatened or brought against Dialmytrip, and also against all losses, damages, liabilities, costs, charges and expenses, including without limitation, legal fees and expenses arising out of or related to:
a. Users’ use or misuse of Dialmytrip’s services or of the Site/application,
d. Any claim or legal notice or quasi-legal proceedings to which Dialmytrip may be required to become party or to which Dialmytrip may be subjected by any person including any governmental authority, by reason of breach of any Applicable Law,
e. Due to failure of a User to obtain any required statutory or regulatory approval necessary for the performance of its obligations in the Applicable Agreement with Dialmytrip,
f. All liability, claims, damages, costs, expenses suffered or incurred by Dialmytrip as a result of any act or violation by User under Section 269ST of the Income Tax Act, 1961 while acting as collection agent of the Company
g. Dialmytrip reserves the right, at User’s expense, to assume the exclusive defence and control of any matter, including rights to settle, for which concerned User is required to indemnify Dialmytrip. The User agrees to cooperate with Dialmytrip’s defence and settlement of these claims.
1.11 DISCLAIMER To the fullest extent permissible pursuant to Applicable Law, Dialmytrip and its officers, directors, employees, and agents disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. No advice or information, whether oral or written, obtained by a User from Dialmytrip or through Dialmytrip’s services or the Site will create any warranty not expressly stated herein. Dialmytrip does not authorize anyone to make any warranty on its behalf and Users should not rely on any such statement. Users acknowledge that Dialmytrip is a reseller and is not liable for any third-party seller’s obligations. It is User’s responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, merchandise and other information provided through the Site or on the internet generally. Dialmytrip does not warrant that its services will be uninterrupted, or free of errors, viruses or other harmful components, and that any of the foregoing defects will be corrected. Dialmytrip’s services and the Site and any data, information, third party software, Reference Sites, or Software made available in conjunction with or through its services and the Site are provided on an “as is” and “as available”, “with all faults” basis and without warranties or representations of any kind either express or implied. Dialmytrip and its third-party suppliers, licensors, and partners do not warrant or make any representations regarding the use or the results of the use of Dialmytrip’s services, the Site or any Reference Sites in terms of correctness, accuracy, reliability, or otherwise.
1.12 INTELLECTUAL PROPERTY.
A. Dialmytrip’s services and the Site are owned and operated by Dialmytrip and/or third-party licensors. The visual interfaces, graphics, design, compilation, information, computer code (including source code and object code), products, software, services, and all other elements of Dialmytrip’s services and the Site provided by I Dialmytrip (the “Materials”) are protected by Applicable Law. As between User and Dialmytrip, all Materials and Dialmytrip’s Intellectual Property are the property of Dialmytrip and/or third-party licensors or suppliers. User agrees not to remove, obscure, or alter Dialmytrip or any third party's copyright, patent, trademark, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through Dialmytrip’s services. Except as expressly authorized by Dialmytrip, the User agrees not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials or Dialmytrip’s Intellectual Property. Parties do not accrue any rights or interest in the other Party’s Intellectual Property and use of any Intellectual Property by either User or Dialmytrip shall be strictly in for the fulfilment of and in compliance with the terms of the agreement between such User and Dialmytrip The concerned User agrees to perform such acts and execute such documents as may be reasonably necessary to perfect the foregoing rights.
B. The User undertakes that:
i. they shall use the Intellectual Property solely for discharge of their duties under the Applicable Agreement,
ii. they shall use Intellectual Property of other party only in the form and manner stipulated by such other party,
iii. they shall seek prior written consent from other party for use of such party’s Intellectual Property which is not previously provided for by such Party,
iv. they shall bring to other party’s notice all cases concerning such party’s Intellectual Property’s (a) infringement, (b) passing off, (c) registration, or (d) attempted registration,
v. they shall render to other party all assistance in connection with any matter pertaining to the protection of such party’s Intellectual Property whether in courts, before administrative agencies, or otherwise,
vi. they shall refrain from taking any action which shall or may impair other party’s right, title or interest in the Intellectual Property, or create any right, title or interest therein or thereto, adverse to that of the other party,
vii. they shall not use or permit to be used the Intellectual Property by any unauthorized person, and
viii. they shall not misuse the Intellectual Property or use it together with any other mark or marks.
a. The User shall keep Confidential Information as confidential. The User confirms that it shall protect Confidential Information with such security, confidentiality and degree of utmost care as it would prudently apply to its own confidential information and use it solely in connection with the transaction to which the Confidential Information relates. The User acknowledges and agrees that it is aware of the sensitivity & secrecy involved in keeping the customer data/information and transaction records and shall ensure that neither the User nor their employees, directors etc.
i. which is already in the possession of the receiving Party and not subject to any other duty of confidentiality,
iii. Information that becomes legally available to the receiving Party and/or its affiliates or professional advisors on a non-confidential basis from any third party, the disclosure of which does not, to the knowledge of that Party, violate any contractual or legal obligation which such third party has to the other Party with respect to such information, and
iv. Information that is independently acquired or developed by the receiving Party and/or its affiliates or professional advisors.
b. The User hereby agrees that it shall not disclose any Confidential Information received by it without the prior written consent of the Company to any third party at any time. Provided however, that either Party may make the following disclosures for which no consent shall be required from the other Party:
i. Disclosures to its legal and other professional advisers, instructed by it that it reasonably determines need to receive the Confidential Information; or
ii. Disclosures to its directors, officers, employees, affiliates/subsidiaries/group/holding companies, third party service providers and any employees thereof that it reasonable determines need to receive the Confidential Information;
iii. Disclosures to any person to whom it is required by law or any applicable regulatory, supervisory, judicial or governmental order, to disclose such information, or at the request of any regulatory or supervisory or judicial or government authority.
c. NOTICE. Dialmytrip may provide Users with notices and communications by email, regular mail, or posts on the Dialmytrip website, www.dialmytrip.com or by any other reasonable means. Except as otherwise set forth herein, notice to Dialmytrip must be sent by courier or registered post to the Legal Department, DIALMYTRIP TECH PVT. LTD., 516, VISHAL CHAMBER, SECTOR – 18, G B NAGAR, NOIDA, U. P. – 201301 (INDIA)
GRIEVANCE REDRESSAL: Any complaint, dispute, grievance can be addressed to Dialmytrip through its Customer Service in accordance with its Grievance Policy.
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