Agreement between User and
OnlinePG
OnlinePG.com
website is operated by OnlinePG and its
affiliates (collectively, the 'OnlinePG
websites' or ‘OnlinePG’).
The
OnlinePG websites are offered to you conditioned
on your acceptance without modification of the
terms, conditions, and notices contained herein.
Your use of the OnlinePG website constitutes
your agreement to all such terms, conditions,
and notices. If you do not agree with any part
of the following terms, conditions and notices,
you must not use the services of
OnlinePG.
Additionally, the OnlinePG website may
contain terms that govern particular features or
offers (for example, flights, hotel
reservations, packages etc.) In the event that
any of the terms, conditions, and notices
contained herein conflict with the additional
terms or other terms and guidelines contained
within OnlinePG website, then these terms shall
prevail.
Modification of
These Terms of Use
OnlinePG reserves the right to change the
terms, conditions, and notices under which the
OnlinePG websites are offered, including but not
limited to the charges associated with the use
of the OnlinePG website. You are responsible for
regularly reviewing these terms and conditions.
OnlinePG has endeavored to ensure that all the
information on the OnlinePG website is correct,
but OnlinePG neither warrants nor makes any
representations regarding the accuracy or
completeness of any data or information
contained. OnlinePG disclaims 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 the
information contained in OnlinePG
Websites.
Privacy
policy
The User hereby consents,
expresses and agrees that he has read and fully
understands the Privacy Policy of OnlinePG
contained in OnlinePG Websites and he hereby
consents that the terms and contents of such
Privacy Policy are acceptable to
him.
Limited User
Unless otherwise specified, the
OnlinePG website is not for commercial use. It
is specifically meant for personal use only. The
user shall not modify, copy, distribute,
transmit, display, perform, reproduce, publish,
license, create derivative works from, transfer,
or sell any information, software, products or
services obtained from this site.
Alteration in Published
Description/Content
Although
OnlinePG makes every effort to ensure that the
description and content on each page of the site
is correct, it does not, however, take
responsibility for changes occurred due to
human, data entry errors or for any loss or
damages suffered by any user due to any
information contained herein. Also, OnlinePG
does not own or operate airlines and other
suppliers and cannot therefore control or
prevent changes in the published descriptions.
OnlinePG, therefore, reserves the right to make
such changes and in the event of you placing an
order with us or choosing to avail of our
services, the same will be communicated to you
before the confirmation invoice is
made.
Liability of
OnlinePG
Since OnlinePG acts
only as a booking agent, it has no liability
whatsoever for any aspect of the arrangements
between the supplier and the customer as regard
to the standard of service. In no circumstances
shall OnlinePG be liable for the services
provided by the supplier.
Link to Third Party
Sites
The OnlinePG websites may
contain links to other websites ("Linked
Sites"). The Linked Sites are not under the
control of OnlinePG and OnlinePG 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. OnlinePG is not responsible for any
form of transmission, whatsoever, received from
any Linked Site. OnlinePG is providing these
links to you only as a convenience, and the
inclusion of any link does not imply endorsement
by us of the site or any association with its
operators or owners including the legal heirs or
assigns thereof.
Prohibitaion
Against Unlawful Use
As a
condition of your use of the OnlinePG websites,
the user warrants that they will not use the
OnlinePG 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 these terms, conditions, and
notices including both specific and implied. In
addition the Site shall not be used in any
manner, which could damage, disable, overburden,
or impair it or interfere with any other party's
use and/or enjoyment of the Site. The user shall
refrain from obtaining or attempt to obtain any
materials or information through any means not
intentionally made available or provided for
through the Site.
Use of Communication
Services
The OnlinePG websites
may contain services such as email, chat,
bulletin board services, information related to
various tourist spots, news groups, forums,
communities, personal web pages, calendars,
and/or other message (collectively,
"Communication Services"), you agree to use the
Communication Services only to post, send and
receive messages and material that are proper
and related to the particular Communication
Service. By way of example, and not as a
limitation, you agree that when using a
Communication Service, you will
not:
Defame, abuse, harass, stalk, threaten or
otherwise violate the legal rights (such as
rights of privacy and publicity) of
others.
Publish, post, upload, distribute or
disseminate any inappropriate, profane,
defamatory, infringing, obscene, indecent or
unlawful topic, name, material or
information.
Upload files that contain software or
other material protected by intellectual
property laws (or by rights of privacy of
publicity) unless you own or control the rights
thereto or have received 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 another'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 you know, or
reasonably should know, cannot be legally
distributed in such 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, which may be applicable for or to
any particular Communication Service.
The user should take particular care
while disclosing any identifying information in
any Communication Service, which may be
identifiable.
Violate any applicable laws or
regulations for the time being in force in or
outside India.
Violate any of the terms and conditions
of the user agreement or any other terms and
conditions for the use of OnlinePG Websites
contained elsewhere herein.
OnlinePG has
no obligation to monitor the Communication
Services. However, OnlinePG reserves the right
to review materials posted to a Communication
Service and to remove any materials in its sole
discretion. OnlinePG reserves the right to
terminate the users access(es) to any or all of
the Communication Services at any time without
notice for any reason
whatsoever.
OnlinePG reserves the right
at all times to disclose any information as
necessary to satisfy 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 OnlinePG's sole
discretion.
OnlinePG does not control or
endorse the content, messages or information
found in any Communication Service and,
therefore, OnlinePG specifically disclaims any
liability or responsibility whatsoever with
regard to the Communication Services and any
actions resulting from the users participation
in any Communication Service.
Materials
uploaded to a Communication Service may be
subject to posted limitations on usage,
reproduction and/or dissemination; User is
responsible for keeping himself/herself updated
of and adhering to such limitations if they
download the materials.
Termination/Access
Restriction
OnlinePG reserves
the right, in its sole discretion, to terminate
the access to any or all OnlinePG websites and
the related services or any portion thereof at
any time, without
notice.
Third Party Account
Information
By
using the Account Access service, the user
authorizes OnlinePG and its agents to access
third party sites designated by them or on their
behalf for retrieving requested information,
thereby appointing OnlinePG and its agents as
their agent for this purpose. While registering
the user will choose a password and is
responsible for maintaining the confidentiality
of the password and account. The user is fully
responsible for all activities that occur while
using their password or account. It is the duty
of the user to notify OnlinePG immediately of
any unauthorized use of their password or
account or any other breach of security.
OnlinePG will not be liable for any loss that
may be incurred by the user as a result of
unauthorized use of their password or account,
either with or without their knowledge. The user
shall not use anyone else's password at any
time.
Fees
Payment
OnlinePG reserves the
right to charge listing fees for certain
listings, as well as transaction fees based on
certain completed transactions using the
Services. OnlinePG further reserves the right to
alter any and all fees from time to time,
without notice.
The
user shall be completely responsible for all
charges, fees, duties, taxes, and assessments
arising out of the use of the
Services.
Using the
Services
OnlinePG is responsible
only for the transactions that are done by the
user through OnlinePG. OnlinePG will not be
responsible for screening, censoring or
otherwise controlling transactions, including
whether the transaction is legal and valid as
per the laws of the land of the user. The user
warrants that they will abide by all such
additional procedures and guidelines, as
modified from time to time, in connection with
the use of the services. The user further
warrants that they will comply with all
applicable laws and regulations regarding use of
the services.
User
Agreement
In the
event that any of the terms, conditions, and
notices contained herein conflict with the
Additional Terms or other terms and guidelines
contained within any particular OnlinePG
website, then these terms shall
control.
OnlinePG is not responsible
for any errors, omissions or representations on
any of its pages or on any links or on any of
the linked website pages. OnlinePG does not
endorse any advertiser on its web pages in any
manner. The users are requested to verify the
accuracy of all information on their own before
undertaking any reliance on such
information.
The linked sites are not
under the control of OnlinePG and OnlinePG is
not responsible for the contents of any linked
site or any link contained in a linked site, or
any changes or updates to such sites. OnlinePG
is providing these links to the users only as a
convenience, and the inclusion of any link does
not imply endorsement of the site by
OnlinePG.
OnlinePG hereby expressly
disclaims any implied warranties imputed by the
laws of any jurisdiction. OnlinePG considers
itself and intends to be subject to the
jurisdiction only of the courts of NCT of
Chandigarh, India.
If the user does not
agree with any of the disclaimers above, they
are advised not to read the material on any of
the OnlinePG pages or otherwise use any of the
contents, pages, information or any other
material contained on the OnlinePG Websites. The
user expressly agrees that use of the services
is at their sole risk. The services are provided
on an "as is" and "as available" basis. OnlinePG
may change the features or functionality of the
services at any time, in their sole discretion.
OnlinePG expressly disclaims all warranties of
any kind, whether express or implied, including,
but not limited to the implied warranties of
merchantability, fitness for a particular
purpose and non-infringement.
The
information, software, products, and services
included in or available through the OnlinePG
websites may include inaccuracies or
typographical errors. Changes are/may be
periodically made/added to the information
herein. OnlinePG may make improvements and/or
changes in the OnlinePG websites at any time
without any notice to the User. Any advice
received except through an authorised
representative of OnlinePG via the OnlinePG
websites should not be relied upon for any
decisions.
OnlinePG at its sole discretion reserves
the right not to accept any customer order
without assigning any reason thereof. Any
contract to provide any service by OnlinePG is
not complete until full money towards the
service is received from the customer and
accepted by OnlinePG.
The
maximum liability on part of OnlinePG arising
under any circumstances, in respect of any
services offered on the site, shall be limited
to 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.
In no
event shall OnlinePG and/or its suppliers be
liable for any direct, indirect, punitive,
incidental, special, consequential damages or
any damages whatsoever including, without
limitation, damages for loss of use, data or
profits, arising out of or in any way connected
with the use or performance of the OnlinePG
website(s). Neither shall OnlinePG be
responsible for the delay or inability to use
the OnlinePG websites or related services, the
provision of or failure to provide services, or
for any information, software, products,
services and related graphics obtained through
the OnlinePG website(s), or otherwise arising
out of the use of the OnlinePG website(s),
whether based on contract, tort, negligence,
strict liability or otherwise. The user
understands and agrees that any material and/or
data downloaded or otherwise obtained through
the use of the Service 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 and/or data.
No
advice or information, whether oral or written,
which the user obtains from OnlinePG or through
the services shall create any warranty not
expressly made herein or in the terms and
conditions of the services. In case the user is
not satisfied with any services provided under
this site or any portion of the OnlinePG
website(s), or with any of these terms of use,
their sole and exclusive remedy is to
discontinue using this site.
Proprietary
Rights
OnlinePG 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 and laws. The user may use this
material only as expressly authorized by
OnlinePG and shall not copy, transmit or create
derivative works of such material without
express authorization.
The
user acknowledges and agrees that he/she shall
not upload, post, reproduce, or distribute any
content on or through the Services 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 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.
Modification of
These Terms of Use
OnlinePG
reserves the right to change the terms,
conditions, and notices under which the OnlinePG
websites are offered, including but not limited
to the charges. The user is responsible for
regularly reviewing these terms and
conditions.
Personal and
Non-Commercial Use
Limitation
Unless otherwise
specified, the OnlinePG websites are for your
personal and non-commercial use. The user may
not 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 OnlinePG
website(s).
Relationship
None of the provisions of any
agreement, terms and conditions, notices, or the
right to use this website by the user contained
herein or any other section or pages of OnlinePG
Websites or its partner websites, shall be
deemed to constitute a partnership between the
user and OnlinePG and no Party shall have any
authority to bind or shall be deemed to be the
agent of the other in any
way.
Headings
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 this agreement,
terms and conditions, notices, or the right to
use this website by the user contained herein or
any other section or pages of OnlinePG Websites
or its partner websites or any provision hereof
in any manner
whatsoever.
Interpretaion Number and
Gender
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, feminine and neuter
form. 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 agreement as a
whole.
Indemnification
The
User agrees to indemnify, defend and hold
harmless OnlinePG and/or its affiliates, partner
websites and their respective lawful successors
and assigns from and against any and all losses,
liabilities, claims, damages, costs and expenses
(including reasonable legal fees and
disbursements in connection therewith and
interest chargeable thereon) asserted against or
incurred by OnlinePG and/or its affiliates,
partner websites and their respective lawful
successors and assigns 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.
Serverability
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 and all
other provisions of this Agreement shall
continue to be in full force and
effect.