THIS TERMS OF USE (“TOU”) IS AN ELECTRONIC RECORD AND IS PUBLISHED IN ACCORDANCE WITH THE RELEVANT PROVISIONS OF THE INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.

This TOU establishes a legally binding contract between the User (as defined below) and 360 Degree Travel Concierge LLP.

1. DEFINITIONS

1.1 360 Degree Travel Concierge LLP are inter-alia engaged in the business and services of providing Travel (“Services”) and is the owner of the Website (as defined below). We operate and manage the Website under the brand name/domain name 360travelcon.com (hereinafter referred to as “360 degree Travel concierge ”, “we”, “us”, and “our”)

1.2 Any person(s) or Body Corporate (ies) or current and former visitors herein referred to as the "User," will receive Service-related information (as defined below) and are facilitated by various third-party vendors such as airlines, car rentals and hotels Service Providers (as defined below).

1.3 This TOU applies to all our Services. Additionally, depending on the chosen Services, the User must read and accept the relevant TOU. This TOU may be updated or modified by us, and they are considered integral thereof. In case of a conflict between this TOU or any other Terms or correspondence provided to the User, the terms of this TOU will always prevail unless explicitly waived by us. Furthermore, the User agrees to abide by the terms of this TOU while availing Services.

1.4 Our Services are provided to the User under the condition that the User accepts, without modification, all terms, conditions, and notices outlined in this TOU and the Terms posted on the Website. By availing of the Services, the User acknowledges and accepts this TOU. If the User disagrees with any part of these terms, they must refrain from using our Services.

1.5 Additionally, the Service Provider may establish terms and guidelines governing specific features, offers, or operating rules for each Service. The User is responsible for complying with the terms and guidelines of the Service Provider, including those in fare rules, or house rules or car rental rules.

1.6 We reserve the right, at our sole discretion, to reject any order placed by the User through the Website without assigning a reason. A contract to provide a service is only considered complete when full payment is received and accepted by us.

1.7 We operate the Website enabling users to explore, search, reserve, and make payments for a variety of products and services provided, offered, or managed by third parties known as ‘Service Providers’. These Services may encompass including the definition provided in our Privacy Policy and shall include the following:

  • Temporary lodging and accommodations, such as hotels ("Accommodations").
  • Air travel and air-related transportation services ("Flights").
  • Cab and Car Rental services. (“Cabs”)
  • Any combination of the aforementioned services ("Combination").

2. MODIFICATION OF TERMS
We reserve the right to change the terms, conditions and 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 and conditions.
3. LIMITED USER

The User agrees and undertakes not to sell, trade, resell or use for commercial purposes any part of the Service. For the avoidance of doubt, we clarify that our Services, including the use of the Website, are not for commercial use and are for personal use only.

The User also agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, publish, publish, license, create derivative works, transfer or sell the information, software, products or services received on the Website. Limited reproduction and copying of website content is permitted provided our brand name/name is stated as source. For the avoidance of doubt, it has been clarified that unlimited or wholesale distribution of content, copying for commercial or non-commercial purposes and unjustified modification of information and data in the content of the website are not allowed.

4. DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY

4.1 We have made every effort to ensure the accuracy of the provided information, but we do not guarantee or represent the quality, accuracy, or completeness of any data or information. There is no express or implied warranty regarding the Website and its contents, and we disclaim all warranties related to the fitness for a particular purpose and merchantability of services. This includes any liability, responsibility, or claims for losses, whether direct or consequential, incurred by any User or other individuals arising from the use of such information.

4.2 Under no circumstances, in the event where we are unable to provide the Services under this TOU, the same should not be construed as deficiency in services. The User expressly agrees to waive all such claim in future. Any delay or omission to, shall give right to exercise any right, power or remedy accruing to the User upon any breach or default by us under this TOU, shall be cumulative not alternative.

4.3 While we make reasonable commercial efforts to ensure the accuracy of descriptions and content on the Website and in the terms of TOU, we do not assume responsibility for changes due to human or data entry errors.

We are not the service provider and cannot control or prevent changes in published descriptions or representations, which are always based on information provided by service providers. We act only as a facilitator of Services and is not responsible for changes, deficiencies, disputes, etc., related to Services provided by Service Providers. This includes matters related to delays or non-refunds of fares and charges paid to Service Providers. Refunds to Users for the cancellation of tickets/services are subject to our receiving such refunds from the respective Service Provider, including Airlines.

4.4 We do not endorse any advertiser on our website in any manner. Users are urged to independently verify the accuracy of all information before relying on it.

4.5 We, by offering travel-related services to specific destinations, does not guarantee that travel to such destinations is risk-free. We shall not be liable for damages or losses resulting from travel to such destinations.

4.6 Under no circumstances we shall be liable for any direct, indirect, punitive, incidental, special, consequential damages, or any other damages resulting from:

  • (a) the use or inability to use the services;
  • (b) the cost of procuring substitute goods and 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 us. We are not responsible for delays or the inability to use the Website or Services, the provision or failure to provide services by the Service Provider, or any information, software, products, Services, and related graphics obtained from us, whether based on contract, tort, negligence, strict liability, or otherwise. Additionally, we are not liable for the non-availability of the Website during maintenance or unplanned suspensions due to technical reasons or beyond our control. Users acknowledge that any material or data downloaded from the Website is at their discretion and risk, and they are solely responsible for any resulting damage to their computer systems or other losses. These limitations, disclaimers of warranties, and exclusions apply regardless of whether the damages arise from breach of contract, breach of warranty, negligence, or any other cause of action, to the extent such exclusion and limitations are not prohibited by applicable law. Our maximum liability in any circumstance, concerning any availed services, is limited to the refund of the total amount received from the User for the provided Services, minus any applicable cancellation, refund, or other charges. We are not liable for any consequential loss, damage, or additional expenses. Under no circumstances we are responsible for refunds/returns of charges/fees/fares paid to the Service Provider for rendering services to the User/customer.

5. LINK TO THIRD PARTY WEBSITES

5.1 The Website may feature links to other websites ("Linked Sites"). These Linked Sites are beyond our control and the control of the Website, and we disclaim responsibility for the content of any Linked Site, including any links within a Linked Site or any modifications or updates to a Linked Site. We are not accountable for any type of transmission received by the User from any Linked Site. The inclusion of links is provided solely for the User's convenience, and it does not indicate our endorsement or the Website's endorsement of the Linked Sites or any association with their operators, owners, legal heirs, or assigns.

5.2 We are not accountable for any errors, omissions, or representations on any Linked Site. We do not endorse any advertiser on any Linked Site in any manner. Users are advised to independently verify the accuracy of all information before relying on it.

6. PROHIBITION AGAINST UNLAWFUL USE

By using the Website, the User commits to not engage in any unlawful or illegal activities prohibited by the current laws in force within or outside India, as well as those explicitly and implicitly forbidden by this TOU. Furthermore, the User agrees not to use the Website in a manner that could harm, disable, overload, or impair its functionality, or disrupt the use and enjoyment of the Website by any other party. The User must refrain from attempting to obtain materials or information through any means that are not intentionally made available or provided on the Website.

7. USE OF COMMUNICATION SERVICES

7.1 Our website may offer various Services such as email, chat, bulletin board services, information related to tourist spots, news groups, forums, communities, personal web pages, calendars, and/or other messaging services (collectively referred to as "Communication Services"). Users agree to use these Communication Services solely for posting, sending, and receiving messages and material that are appropriate and relevant to the specific Communication Service. For instance, but not limited to, Users agree not to:

  • Defame, abuse, harass, stalk, threaten, or violate the legal rights of others.
  • Publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topics, names, material, or information.
  • Upload files that contain software or other material protected by intellectual property laws unless the User owns or controls the rights or has obtained all necessary consents.
  • Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of our website or another user's computer.
  • Advertise or offer to sell or buy any goods or services for any business purpose unless such Communication Service specifically allows such messages.
  • Conduct or forward surveys, contests, pyramid schemes, or chain letters.
  • Download any file posted by another User of a Communication Service that the User knows or reasonably should know cannot be legally distributed in such a manner.
  • 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.
  • Violate any code of conduct or other guidelines applicable to any particular Communication Service.
  • Violate any applicable laws or regulations currently in force within or outside India.
  • Violate any terms and conditions outlined in this Agreement or elsewhere on the Website.

7.2 We may review materials posted through Communication Services and reserves the right to remove any materials at its sole discretion. We also reserve the right to terminate a User's access to any or all Communication Services at any time without notice for any reason.

7.3 We may disclose any information as necessary to satisfy applicable laws, regulations, legal processes, or governmental requests, and may edit, refuse to post, or remove information or materials, in whole or in part, at its sole discretion.

7.4 We disclaim any liability or responsibility for the content, messages, or information found in any Communication Service and is not responsible for any actions resulting from a User's participation in such services.

7.5 Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction, and/or dissemination, and Users are responsible for staying informed about and adhering to such limitations.

7.6 When registering with us, we or any of our partners or affiliates may contact Users from time to time to provide offers or information about products/services believed to be beneficial.

8. TERMINATION/ACCESS RESTRICTION

We have the discretion to terminate access to the website and its related services or any part thereof at any time, without providing prior notice.

9. FEES PAYMENT

9.1 We have the authority to impose listing fees for specific listings and transaction fees based on completed transactions using our Services. We also retain the right to modify these fees at its discretion, without prior notice.

9.2 The User is responsible for the payment of all applicable charges, fees, duties, taxes, levies, and assessments associated with availing our Services.

10. FORCE MAJEURE

We have no responsibility for holiday disruptions resulting from bad weather, broken equipment, system changes in the transportation network, armed conflicts, civil unrest, strikes, natural disaster, acts of terrorism, illnesses and pandemics. They highlight the need for customers to notified for any potential modification to their travel schedules resulting from these accidents and call attention to uncontrollable situations.

11. PRIVACY POLICY

The User hereby gives consent, states, and agrees that they have read and comprehensively understood our Privacy Policy. The User additionally consents that they find the terms and contents of this Privacy Policy acceptable.

12. USER'S OBLIGATIONS AND USER ACCOUNT

The User affirms and assures that they are legally eligible to enter into a binding contract, being of the appropriate age, and are not restricted from accessing the Services by the laws of India or any other relevant legal provisions.

To access a Service via the Website, the User is required to possess and consistently maintain, at their own expense:

(a) all essential equipment, such as a computer and modem, for Website access and Service utilization;

(b) personal access to the internet. The User is accountable for Service access, which may entail third-party fees like airtime charges or charges from internet service providers, and these costs are solely the responsibility of the User.

The User acknowledges that the Services may involve specific communications from us, such as Service announcements and administrative messages. The User recognizes and agrees that the Services are offered on an "as is" basis, and we are not liable for the deletion, mis-delivery, or failure to store any communications or personalized settings of the User.

User registration on the Website is not mandatory. If the User chooses to register, they will receive a user ID and password upon completing the registration process. The User commits to maintaining the confidentiality of the password and user ID, being fully accountable for all activities conducted using them.

Additionally, the User agrees not to use someone else's user ID and password without proper authorization. You are responsible for the security of your password and all transactions conducted using it through our service. The entered password is encrypted one-way and stored securely in our database, ensuring that even we do not have access to it. You confirm that you are the authorized holder of the credit card or the original account used for transactions through our services. We disclaim responsibility for any financial loss, inconvenience, or distress resulting from the misuse of your ID, password, credit card number, or account details in utilizing our Services.

The User agrees to inform us promptly about any unauthorized use of their user ID or password and to ensure they log off at the end of each website session. We are not liable for any loss or damage, whether direct or indirect, arising from the User's failure to comply with this responsibility.

Moreover, the User agrees to: (a) provide accurate, truthful, and complete information about themselves and their beneficiaries as prompted by the registration form ("Registration Data") on the Website; and (b) keep the Registration Data up to date by promptly making any necessary updates to ensure its accuracy and completeness. If the User provides information that is untrue, inaccurate, not current, or incomplete, or if we have reasonable grounds to suspect such inaccuracies, we reserve the right to suspend or terminate the User's registration. We may also refuse any current or future use of the Website and/or any Service.

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

13. BREACH

Without prejudice to the other remedies available to us under this TOU, we may limit the User's activity, or end the User's listing, warn other users of the user's actions, immediately temporarily/indefinitely suspend or terminate the user's registration, and/or refuse to provide the user with access to the website if:

  • the user is in breach of this TOU ;
  • we are unable to verify or authenticate any information provided by the user; or
  • we believe 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 and/or us. Users who have been suspended may be reinstated at any time, at our sole discretion. Upon receiving an indefinite suspension, the user is prohibited from registering, attempting to register with us, or using the website in any way until we reinstate them. Notwithstanding the foregoing, we reserve the right to pursue strict legal action as we deem necessary in order to recover any money that the user owes us or the service provider in the event that they breach this TOU.
14. PROPRIETARY RIGHTS

Content such as sounds, pictures, graphics, videos, and other materials from sponsor advertisements or information may be made available to the user. This material may be protected by copyrights, trademarks or other intellectual property rights and laws. The User may not copy, transfer, or create derivative works of this material without our written permission. The User may only use this material as expressly authorised by us.

The User acknowledges and agrees that they will not, without the owner's consent, upload, post, reproduce, or distribute any content on or through the Website that is protected by a third party's copyright or other property right. The copyright or other proprietary rights notice must be included with any proprietary or copyrighted material that is shared on or via the website with the owner's permission. It is against the law to submit or distribute copyrighted or other proprietary content without authorization and could subject the User to personal liability or criminal.

15. RELATIONSHIP

No part of these terms of use, notices, or the User's right to use the Website, along with any other sections or pages of the Website and/or the Linked Sites, shall be interpreted as creating a partnership between the User and us, and neither party will have the authority to bind the other in any manner or be regarded as its agent. However, it should be noted that the User will be regarded to have appointed us and our agents as their agent for this purpose if, while using the Website, the User grants us and our agent’s permission to visit third party sites designated by them or on their behalf in order to get the needed information.

16. HEADINGS AND INTERPRETATION OF NUMBERS AND GENDERS

The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of TOU 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. The terms and conditions herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine and feminine. The words "include", "includes" and "including" shall be deemed to be followed by the phrase "without limitation". Unless the context otherwise requires, the terms "herein", "hereof", "hereto", "hereunder" and words of similar import refer to this TOU as a whole.

17. INDEMNIFICATION AND LIMITATION OF LIABILITY

The User agrees to hold us harmless, indemnify, and defend us against any and all losses, liabilities, claims, damages, costs, and expenses (including interest charged thereon and legal fees and disbursements in connection therewith) made against or incurred by us that result from, arise out of, or may be payable as a result of any breach or non-performance of any representation, warranty, covenant, or agreement made by us, or that the User is required to perform in accordance with the TOU.

18. SEVERABILITY

If any part of this TOU is found to be invalid or unenforceable, either completely or in part, the invalidity or unenforceability will only apply to that portion of the agreement; the remaining portion of the terms of use and all other provisions will remain fully enforceable.

19. TERMINATION OF SERVICES

This TOU may be terminated by the User or by us at any time, for any reason, and with immediate effect. The User agrees that we have the right, in certain situations, to immediately terminate the User's user ID and access to the Website/Services without giving any prior notice. Termination reasons may include, but are not limited to, the user's violation of this terms of TOU, requests made by the user, requests from law enforcement or other government agencies, and failure to pay fees as stipulated in the applicable TOU for the use of the services. Either the User or us may terminate these TOU through written notice. When any Service is terminated, we won't be liable to the User or any other person. In the event if the User disagrees with any TOU or are dissatisfied with the Service in any other manner are to: (a) stop using the Website/Service right away; and (b) notify us of their decision to stop using it. The User's permission to use the Website, Services, and software will immediately expire upon termination of the Service. After that, neither the User nor us will be obligated to execute any of the User's outstanding tasks or deliver any unsent or unopened messages to the User or any other person. Any information that the user has saved on the website may not be accessible later if their registration is cancelled, suspended, or terminated.

20. NOTICE
All Notices and communications (including those related to changes in the TOU) shall be in writing, in English and shall deemed given if delivered personally or by commercial messenger or courier service, or mailed by registered or certified mail (return receipt requested) or sent via email/facsimile (with acknowledgment of complete transmission) to the following address:
  • If to us, at 203, Binori Ambit, Thaltej -380059 and/or at the address posted on the Website.
  • If to a non-registered User, at the communication and/or email address specified in the application form availing of our Service.
  • If to a registered User, at the communication and/or email address specified in the registration form. Notice shall be deemed to have been served 48 hours after it has been sent, dispatched, displayed, as the case may be, unless, where notice has been sent by email, it comes to the knowledge of the sending party, that the email address is invalid.
21. GOVERNING LAWS AND JURISDICTION
The User irrevocably agree that:
  • If any dispute or difference arises during the subsistence of this TOU or thereafter, in connection with the validity, interpretation, implementation or alleged material breach of any provision of this TOU or regarding any question, including the question as to whether the termination of this TOU by any Party hereto has been legitimate, the User hereto shall endeavour to settle such dispute amicably.
  • The attempt to bring about an amicable settlement is considered to have failed as soon as the User hereto, after reasonable attempts which attempt shall continue for not less than 30 (Thirty) days, gives 30 (Thirty) days’ notice thereof to the other Party in writing.
  • Subject to above circumstances if any dispute, controversy or claim arising out of, relating to or in connection with this TOU remains resolved the same shall be finally settled by arbitration. The arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The arbitration shall be held in Ahmedabad and shall be conducted by a sole arbitrator appointed by mutual consent of the User and 360 degree Travel concierge or failing such agreement, such sole arbitrator shall be appointed as per the applicable rules under Arbitration and Conciliation Act, 1996.
  • These terms of use shall be will be governed by and interpreted in accordance with the laws of India without reference to conflict of laws principles. Any disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts of Ahmedabad, Gujrat.
  • Nothing shall preclude our right to seek interim or permanent equitable or injunctive relief, or right to repayment or claim or damage, from the competent courts, having jurisdiction to grant relief on any disputes or differences arising from this TOU.
22. GRIEVANCE OFFICER

In compliance with the IT Act and the Rules framed thereunder read with the Applicable Law(s), the name and contact details of the Grievance Officer are provided below:
Name: Mitesh Patel
Designation: Sr Executive
Address: 203, Binori Ambit Thaltej
Email ID: Mitesh@360travelcon.com

If the User has inquiries regarding our practices or this privacy policy, kindly reach out to us at +91 (079) 49037000 or via mail to (enquiry@360travelcon.com)

We will send e-mails to notify the User about important changes to the site, new services and news promotional offers offered by us. If the User does not wish to receive these e-mail notifications, the User can indicate his/her preference either when the User registers or at any time later by modifying his/her account.