TERMS & CONDITIONS
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This website www.pomtrips.com/www.pomtt.com ("Website") and its applications ("Application") are owned and operated by PEACE OF MIND TRIPS AND TRAVELS, a concern registered under the laws of India, having its registered place of business at 250/13, Than Singh Nagar, Anand Parbat, New Delhi-110005, Delhi, INDIA.
Your use of the Website and/or Application is an acknowledgment that you have reviewed the Terms and Conditions and agree to comply with and be legally bound thereby. These terms and conditions govern your access to and use of the Website and/or Application and the Services. If you do not agree to these terms and conditions, you must refrain from using the Website and/or Application and Services.
Conditions:
1. MEMBERSHIP
Membership on the Website/Application is free.
If you are not agreeable to all the Usage Terms in their entirety, you must not use this Website/ Application and should exit/logout. Your use of the Website/ Application implies that you agree with the Usage Terms in their entirety. You agree, acknowledge and recognize that the contract of service/sale is made in India, is governed exclusively by laws of India and is subject to the exclusive jurisdiction of the courts in Delhi to the exclusion of all other courts.
The user hereby represent and warrant that he or she is at least eighteen (18) years of age or above and are capable of entering, performing and adhering to these Usage Terms and the user agrees to be bound by these Usage Terms. While individuals under the age of 18 may utilize/browse the Website/ Application, they shall do so only with the involvement, guidance and supervision of their parents and / or legal guardians, under such Parent /Legal guardian’s registered account.
The User agrees and acknowledges that this Website/ Application can be used only by individuals who are of legal age (at least 18 (eighteen) years of age) to form a binding contract under the laws as applicable in India. Pomtrips reserves the right to terminate User’s access to and refuse to provide User with access to the Website/ Application if Pomtrips discovers that User is under the age of 18 years and is accessing the website/apllications and taking services without the involvement, guidance and supervision of their parents and / or legal guardians . Furthermore Pomtrips has the right at its sole discretion to refuse to provide access to or terminate the access of any person(s) whatsoever with or without notice.
Pomtrips provides Services on the Website/Application subject to complete adherence to the Usage Terms by the User. By accessing, viewing, or using this Website/ Application, the user acknowledge, declare, confirm and represent & warrant to Pomtrips that he or she has read and understood the Usage Terms and accept them as an agreement as the binding legal contract equivalent of a duly signed contract binding on him or her. This agreement is effective immediately upon your accessing, viewing, or using this Website/ Application. A user is advised to regularly check for any amendments or updates to the Usage Terms mentioned herein from time to time. Pomtrips may add to or change, update these Usage Terms from time to time entirely at its sole discretion. Your use of the Website/ Application and any amendment to the Usage Terms shall constitute your acceptance of these Usage Terms and You agree to be bound by any such changes/revisions/amendments. Website/ Application shall not be obliged to notify You, irrespective of the fact that You are registered or not, of any modifications made to the Usage Terms. Your access to the Website/ Application for purchasing the Services or for mere browsing is subject to the most current version of the Usage Terms appearing on the Website/ Application at the time of such use.
2. Website/Application
The Website/ Application is an online marketplace providing services and products where Users may meet and interact for their transactions.
Pomtrips shall not be responsible and shall not be required to mediate or resolve any dispute or disagreement between different Users. In no event, shall Pomtrips be made a party to dispute between User(s).
3. Reservation / Booking of Services
The process of booking Services from this Website/ Application may require you to disclose confidential information including your name, phone number, country, Credit Card number etc. To prevent any possibility of unauthorized access to your confidential information such as name, etc., you shall not use/access this site from unsecure computers, unsecure communication links, unsecure mobile phones or locations such as Internet-Cafe(s), Cyber-Cafe(s) and other commercially available internet enabled computers or computer services and in case a user does so he/ she shall be solely responsible for it.
That relying on declarations, confirmations, information and obligations made/undertaken by the User in accordance with Usage Terms, and believing the same to be true and acting on the faith thereof, Pomtrips has agreed to provide the Services to the User as per the Usage Terms mentioned herein. In particular, the User does hereby agree, promise, declare, confirm, covenant, undertake and represent & warrant to Pomtrips:
-the User is not under any legal or other deficiency which prevents/may prevent the User from:
(i) entering into a valid contract under the applicable laws; and
(ii) making valid payment to Pomtrips for Services ordered by the User.
-In the event of detecting any suspicious activity from User’s account, Pomtrips reserves the right to cancel all pending and future orders owing to any such incident without any liability to the User.
-In a credit card transaction; User must use his/her own credit card for which User has full right & authority to validly use such Credit Card for making payment to Pomtrips. Pomtrips shall not be liable for any credit card fraud. The liability related to card fraud will be on the User and the onus to 'prove otherwise' shall be exclusively on User.
While using the Website/ Application User shall at all times strictly comply with the payment procedure and the Usage Terms in their entirety.
Your use of the Services shall be deemed that you are fully satisfied with the description and use of service and usage fee of the service as has been displayed on Pomtrips Website/ Application. The User agrees and acknowledges that in the Website/ Application all Services are offered only at the sole discretion of Pomtrips.
4. Use of the Website Application
The User agrees, acknowledges, confirms and undertakes that the registration data, information/data provided or uploaded onto the Website/ Application by the User:
(a) shall not be false, inaccurate, misleading or incomplete; or
(b) shall not be fraudulent or involve the use of counterfeit or stolen Credit Cards; or
(c) shall not infringe any third party's intellectual property, trade secret or other proprietary rights or rights of publicity or privacy; or
(d) shall not be defamatory, libellous, unlawfully threatening or unlawfully harassing; or
(f) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines or executable files that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information of any person whatsoever; or
(g) shall not create liability for Pomtrips or cause Pomtrips to lose (in whole or in part) the services of Pomtrips ISPs or other service providers/suppliers. If the User contravenes the foregoing or Pomtrips has reasonable grounds to suspect that the User has contravened the foregoing, Pomtrips has the right to indefinitely deny or terminate User's access to the Website/ Application and to refuse to honour the User's request(s).
The User hereby assumes the sole risk of booking or making use or relying on the information relating to the Services available on this Website/ Application. It is User’s responsibility to check the details of the services listed on the Website/ Application at its sole discretion.
Pomtrips has endeavoured to provide the most accurate, up-to-date information on this Website/ Application. However, the information, materials, Services available on this Website/ Application may inadvertently include inaccuracies, typographical errors, or outdated information. Pomtrips reserves the right to refuse or cancel orders at any time, including but not limited to the following orders that contain incorrect prices or product descriptions, orders in which Pomtrips believes the User has violated applicable laws or Usage Terms, orders that Pomtrips believes are harmful to Pomtrips or orders that Pomtrips believes are fraudulent or based on illegal, fraudulent or deceitful use/furnishing of information or based on false information. Pomtrips neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or service. Pomtrips expressly disclaims any warranties and conditions whether express or implied about their accuracy, completeness, correctness, suitability, reliability, availability, timeliness, quality, continuity, performance, error free or uninterrupted operation/functioning, fitness for a particular purpose, workmanlike effort, non-infringement, lack of viruses or other harmful components. Pomtrips shall not be responsible for the delay or inability to use the Website/ Application or related functionalities, the provision of or failure to provide functionalities, or for any information, software, Services, functionalities and related graphics obtained through the Website/ Application, or otherwise arising out of the use of the Website/ Application, whether based on contract, tort, negligence, strict liability or otherwise. Further, Pomtrips shall not be held responsible for non-availability of the Website/ Application during periodic maintenance operations or any unplanned suspension of access to the Website/ Application that may occur due to technical reasons or for any reason beyond Pomtrips’ control. The User understands and agrees that any material or data downloaded or otherwise obtained through the Website/ Application is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material or data. Pomtrips accepts no liability for any errors or omissions, with respect to any information provided to the User.
5. Account & Registration
The Website/ Application may require You to register as a User by creating an Account in order to utilise the Services provided by the Website/ Application. You will be responsible for maintaining the confidentiality of the Account Information, and are fully responsible for all activities that occur under Your Account. You agree to immediately notify Pomtrips of any unauthorized use of its Account Information or any other breach of security, and. Pomtrips cannot and shall not be liable for any loss or damage arising from Your failure to comply with this clause. You may be held liable for losses incurred by other customer or visitor to the Website/ Application due to authorized or unauthorized use of your account as a result of Your failure in keeping its Account Information secure and confidential.
Pomtrips also allows restricted access to the Website/ Application for unregistered users. At the time of registration, You shall ensure that the Account Information provided by You in the Website/ Application's registration form is complete, accurate and up-to-date. Use of another user’s account information is expressly prohibited.
When You use the Website/ Application, You agree and understand that You are communicating with Pomtrips through electronic records and You consent to receive communications via electronic records from Pomtrips periodically and as and when required. Pomtrips may communicate with you by email or by such other mode of communication, electronic or otherwise. You specifically agree that Pomtrips shall not be responsible for unauthorized access to or alteration of Your transmissions or data, any material or data sent or received or not sent or received. Further, Pomtrips will make best efforts to safeguard the confidentiality of Your personally identifiable information available with it, but transmissions made by means of the internet cannot be guaranteed or made absolutely secure. By using this Website/ Application, You agree that Pomtrips shall not be liable for disclosure of your information due to errors in transmission or unauthorized acts of third parties. Without prejudice to the foregoing You agree that Pomtrips shall not be held liable or responsible for 'phishing attacks' on You. User agrees that User shall not use/access this Website/ Application from unsecure computers, unsecure communication links, unsecure mobile phones. You may accept or decline the cookies when You accesses Pomtrips’ Website/ Application. It is the User’s responsibility to set his browser to alert him to accept or to reject cookies.
The User agrees, acknowledges and confirms that before placing any order, the User shall check the Service description and price carefully and by placing an order for a Service You agree to be bound by the Usage Terms and conditions of sale included in the Services’ description. You shall only place the order after fully satisfying yourself with the price, description, look as has been displayed on Pomtrips Website/Application.
Pomtrips reserves the right to make, at its sole discretion, any modifications or changes whatsoever to the Website/ Application or the information, listings and services described on the Website/ Application at any time. Such modifications or changes shall be effective immediately when they are made.
6. PAYMENT AND USAGE FEE
User hereby agree and understand that he will have to pay the usage fee as mentioned on the Website/Application for the concerned services/products via the payment mode provided on the Website/Application post which User’s requested reservation will be confirmed. Once the reservation has been confirmed, Pomtrips will debit the usage fee from the payment mode selected by the User. The User agrees and acknowledges that the payment procedure may call for and require additional verification of or information from the User and the User undertakes to provide complete, correct and proper information.
Pomtrips uses third party payment providers to receive payments from User. Pomtrips is not responsible for delays or erroneous transaction execution or cancellation of payment due to technical and payment issues. Pomtrips takes utmost care to work with third party payment providers, but does not control their systems, processes, technology and work flows, hence cannot be held responsible for any fault at the end of payment providers.
7. COMPLIANCE WITH LAWS
User and Pomtrips shall comply with all the applicable laws applicable to them respectively for using payment facility and the Website/ Application.
8. INDEMNIFICATION
Without prejudice to and in addition to any other remedies, reliefs or legal recourses available to Pomtrips herein or any applicable laws or otherwise, User agrees to indemnify, defend and hold Pomtrips harmless including but not limited to its affiliate, agents and employees from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Pomtrips that arise out of or related to your use or misuse of the of the Website, any violation by you of these terms and conditions, or any breach of representations, warranties and covenants made by you herein.
9. LIMITATION OF LIABILITY
Pomtrips shall not be liable for any damages of any kind whatsoever including but not limited to direct, indirect, incidental, punitive, exemplary and consequential damages, damages for loss of use, data or profits, or other intangible losses, which may arise or are arising from the use of this Website/ Application or any of the information, software, services and related graphics contained within the Website/ Application or any of the Services offered, regardless of whether such damages are based on contract, tort, negligence, strict liability or otherwise, and even if Pomtrips has been advised of the possibility of damages.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN OR ELSEWHERE, POMTRIPS'S ENTIRE LIABILITY TO THE USER FOR ANY CLAIM ARISING OUT OF PURCHASING / BROWSING THE WEBSITE/ APPLICATION SHALL BE LIMITED TO THE AMOUNT EQUIVALENT TO THE PRICE PAID FOR THE PRODUCT AND SERVICES GIVING RISE TO SUCH CLAIM.
10. INTELLECTUAL PROPERTY
The User agrees that any feedback, comments, ideas, suggestions, information, or any other content which User contributes to Pomtrips or this Website/ Application (including the name you submit with any content) will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for Pomtrips to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works from, display worldwide, or act on such content without additional approval or consideration in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you waive any claim to the contrary. The User represents and warrants that User owns or otherwise controls all of the rights to the content that he/she may contribute to this Website/ Application and that use of his/her content by Pomtrips shall not infringe upon or violate the rights of any third party. Pomtrips, its mark and logo are trademarks of Peace of mind trips and travels. You understand and agree not to display or use these trademarks in any manner whatsoever.
As a pre-condition of use of this Website/ Application, User warrants to Pomtrips that User shall not use this Website/ Application for any purpose that is unlawful, unauthorized, or inconsistent with Usage Terms, and the User agrees that this license to use Pomtrips Website/ Application will terminate immediately upon User's violation of this warranty. Pomtrips reserves the right, at its sole discretion, to block/terminate User's access to this Website/ Application and its content at any time, with or without notice. All content on this Website/ Application, including text, graphics, images, and logos, is the property of Pomtrips or its content suppliers and is protected by domestic and international copyright laws and regulations. Pomtrips reserves the right to protect its intellectual property rights to the fullest extent under the applicable law.
11. JURISDICTION
This Agreement, and all transactions entered into on or through Website/ Application shall be interpreted, construed and governed by the laws of India which shall be applicable to this Agreement without regard to principles of conflict of laws. User agrees that all claims, differences and disputes arising under or in connection with or in relation hereto the Website/ Application, the Usage Terms or any transactions entered into on or through the Website/ Application or the relationship between User and Pomtrips shall be subject to the exclusive jurisdiction of the courts at New Delhi, India and User hereby accede to and accept the jurisdiction of such courts.
Any failure, delay or forbearance on the part of Pomtrips in:
(i) exercising any right, power or privilege under this Agreement; or
(ii) enforcing terms of this Agreement, shall not operate as a waiver thereof, nor shall any single or partial exercise by Pomtrips of any right, power or privilege preclude any other future exercise or enforcement thereof.
The Parties hereto agree that each of the provisions contained in this Agreement shall be severable, and the unenforceability of one or more provisions of this Agreement shall not affect the enforceability of any other provision(s) or of the remainder of this Agreement.
12. THIRD PARTY LINKS
This Website/ Application may at Pomtrips sole discretion, contain links to sites owned and maintained by persons or entities other than Pomtrips. Pomtrips may also provide links to the other sites for purpose of enabling the Customer to make payment to Pomtrips. Any of the foregoing links do not constitute an endorsement by Pomtrips of any such sites and are provided only as a convenience. Pomtrips is not responsible for the content or links displayed on such sites. Pomtrips is not responsible for the privacy practices of such sites which Pomtrips does not own, manage or control. Pomtrips does not regularly review, and makes no warranty or representation regarding materials posted, or Services or services offered, on the sites to which this Website/ Application may be linked and Pomtrips shall not be responsible for any deficiency thereof. Pomtrips does not endorse any or all of the materials, Services, and services available on such linked sites, and Pomtrips expressly disclaims responsibility for the contents of any linked site, the accuracy of any information contained in a linked site, and the quality of the Services and services offered at any linked site. Any decision to view the contents of any linked site is solely the responsibility of Customer and is made at Customer's own risk.
13. SMS POLICY
As we continue to strive to improve our services , Pomtrips may reach out guests/users/clents/customers etc to get feedback of their experience through calls and messages, emails etc.
REFUNDS & CANCELLATIONS
How to cancel/modify a booking?
To cancel/modify your booking, please follow the steps below:
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Log onto www.Pomtrips.com with your registered mobile no or email id and password.
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Click on the My Bookings link.
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Open the card for the booking you intend to cancel.
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Click on Cancel or Modify button.
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Please review the cancellation penalty and refund amount before you confirm to cancel the booking.
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The refund amount would reflect in the same account that was used to make the payment at the time of the booking.
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The applicable refund amount will be credited to you within 7-10 working days. However, it may take an additional 3-14 working days to reflect in your account, depending on the processing time taken by your bank or payment gateway.
Refunds
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Pomtrips offer complete refund of the payment for cancellations made 24 hours or more prior to scheduled time/slot of receiving the service
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For cancellations less than 24 hours before scheduled time and slot, partial/full refund may be allowed solely at the discretion of Pomtrips.
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In case of no shows or not liking the service after availing them, partial refund/ full refund can be allowed to guests/users/ recipient of services solely at the discretion of Pomtrips.
PRIVACY POLICY
The Privacy Policy covers the practices for handling and securing your Personal Information by the websites of Peace of mind trips and travels including www.Pomtrips.com/ www.pomtt.com which also comprises of the mobile site, applications for iOS, Android, Windows operating system (all together referred to as “Site”).
This Privacy Policy is applicable to persons who purchase any product or services from Pomtrips through any Sales Channel. As a user or customer of Pomtrips, the person agrees with this Privacy Policy and the terms and conditions mentioned herein. The customer also agree that the information furnished by him or her is lawful, true and correct and does not violate or infringe any laws. In case of any violations, infringement, furnishing of wrongful or unauthorized information, Pomtrips shall not be liable for the same.
This privacy statement does not apply to the websites, mobile sites and mobile apps of our other third parties, even if their websites are linked to Pomtrips Website. We recommend you review the privacy statements of the other parties with whom you interact.
When you visit Pomtrips’s website, we may collect information regarding the domain and host from which you access the internet, the internet protocol address of the computer or internet service provider you are using, and anonymous statistical data. Personal Information will not be collected via cookies and other tracking technology; however, if you previously provided personally identifiable information, cookies may be tied to such information.
When browsing our Website, you are not required to provide any Personal Information unless and until you choose to make a purchase or sign up for one of our e-mail newsletters or other services as described below.
We use data collection devices such as "cookies" on certain pages of the Site to help analyse our web page flow, measure promotional effectiveness, and promote trust and safety. "cookies" are small files placed on your hard drive that assist us in providing our services.
Pomtrips's use of cookies is similar to that of any other reputable online companies. No personally identifiable information about you (e.g., name, address, etc.) is gathered or stored in the cookies placed by a website or mobile site and, as a result, none can be passed on to any third parties. Cookies allow us to serve you better and more efficiently, and to personalize your experience at our website and mobile site. we may also use such cookies to display an advertisement to you while you are on the Website or mobile site. None of the information is passed to any third party, and is used solely by us to provide you with a better user experience on the Website and mobile site.
Most Web browsers automatically accept cookies. Of course, by changing the options on your web browser or using certain software programs, you can control how and whether cookies will be accepted by your browser. Pomtrips supports your right to block any unwanted Internet activity. However, blocking Pomtrips cookies may disable certain features on the website and mobile site, and may make it impossible to purchase or use certain services available on the website and mobile site. Please note that it is possible to block cookie activity from certain websites while permitting cookies from websites you trust.
However, we do not sell or rent individual customer names or other Personal Information to third parties.
Website, mobile site and mobile app contain links to other websites. Please note that when you click on one of these links, you are entering another website for which Pomtrips has no responsibility. We encourage you to read the privacy statements of all such sites as their policies may be materially different from this Privacy Policy. Of course, you are solely responsible for maintaining the secrecy of your passwords, and your membership account information. Please be very careful, responsible, and alert with this information, especially whenever you're online.
We review our Privacy Policy from time to time, and we may make periodic changes to the policy in connection with that review. Therefore, you may wish to bookmark this page and/or periodically review this page to make sure you have the latest version.
You may always submit concerns regarding this Privacy Policy via email to contact@Pomtrips.com. Pomtrips will respond to all reasonable concerns or inquiries.
Thank you for using the Website!
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