Terms & Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING ANY SERVICES PROVIDED BY GHOOMO. BY ACCESSING OR USING THE SERVICES ON GHOOMO, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS, PLEASE DO NOT USE OUR SERVICES
Definitions:
- Ghoomo Tech Services India Private Limited (“GHOOMO”) is a company in corporated under the laws of India, with its principal office located at 18 Sector B, A1 Building, B Wing, Jesal Park, Bhayander East, Dist. Thane 401105. GHOOMO provides various travel-related services through its website (www.ghoomo.com), retail outlets,mobile apps, white-labelled websites, and call centre (collectively referred to as “GHOOMO PLATFORMS”).
- Services: GHOOMO offers travel-related information, pricing, availability, and reservations for airlines, hotels,railway services, holiday packages, bus, and car rentals across cities and rural areas throughout India. These services are provided by various third-party vendors ("Service Providers").
- Agreement: This Master User Agreement (“Agreement”) applies to all GHOOMO Services. In addition to this Agreement,you may need to read and accept specific terms and conditions (“TOS”) for each service you choose. Such TOS will be shown at the time of making the bookings are incorporated into this Agreement and, in case of any conflict, the terms of this Agreement will prevail.
- Acceptance of Terms: GHOOMO Services are provided subject to your acceptance of and compliance with all terms,conditions, and notices contained in this Agreement and the TOS, which may be updated from time to time. By availing of the Services, you acknowledge and accept this Agreement and the TOS. If you disagree with any part of these terms, you should not use GHOOMO Services.
- Service Provider Terms: Service Providers may have their own terms and guidelines governing specific features, offers, or policies related to each service (e.g., flights, hotel reservations). You are responsible for complying with these terms and guidelines, including fare rules, contracts of carriage, or house rules provided by the Service Provider.
- Right to Refuse Service: GHOOMO reserves the right to refuse any order or request made by you through the GHOOMO PLATFORMS at its sole discretion, without providing any reasons.
- Completion of Contract: A contract for any service provided by GHOOMO is only considered complete when full payment for the service is received from you and accepted by GHOOMO.
Business
- Platform Description: GHOOMO PLATFORMS is an online platform that facilitates the booking and purchase of travel packages and other travel-related services ("Services") offered by various third-party service providers ("Vendors").
- Vendor Responsibilities: Vendors are responsible for providing the Services listed on the GHOOMO PLATFORMS and for fulfilling any travel vouchers purchased by users. GHOOMO's role is limited to facilitating communication between users and Vendors through the platform.
- Payment Routing: GHOOMO processes payments from users but does not guarantee payment to Vendors for amounts that have not been successfully received from users.
- Platform Modifications: GHOOMO reserves the right to modify or discontinue any functionality of the GHOOMO PLATFORMS at any time without prior notice. GHOOMO may also alter procedures, modes, processes, terms, and conditions. Users agree to adapt to such changes and acknowledge that GHOOMO is not liable for any modification,suspension, or discontinuance of any aspect of the GHOOMO PLATFORMS.
Charges & Pricing Information
- Fees and Charges: GHOOMO may charge a fee for browsing and booking Services on the GHOOMO PLATFORMS at its sole discretion. GHOOMO may also introduce new services or modify existing services periodically.
- Compliance with Laws: Users are responsible for ensuring compliance with all applicable laws, including those in India, related to making payments to GHOOMO.
- Pricing Accuracy: GHOOMO aims to provide users with the best possible prices for the Services listed on the GHOOMO PLATFORMS.However, GHOOMO does not guarantee that the prices will be the lowest available in any city, region, or geography.
- Error in Pricing: Despite GHOOMO's efforts to ensure accuracy, typographical and other errors may occur. If a Service is listed at an incorrect price or with incorrect information due to such an error, GHOOMO may contact the user for instructions or cancel the booking and notify the user. amounts that have not been successfully collected from users.
- Price Rectification: GHOOMO reserves the right to correct any pricing errors and will contact the user for further instructions via the email address provided at registration. If GHOOMO cancels a booking after payment has been processed, the amount will be refunded to the user’s account from which the payment was made.
- Payment Facilitation: GHOOMO acts as anintermediary for payments from users to Vendors. GHOOMO's obligation to pay theVendor is contingent upon the successful receipt of payments from users. GHOOMOdoes not guarantee payments to Vendors for amounts that have not beensuccessfully collected from users.
Payment Options
Online Payments:
- Payments made through the GHOOMO PLATFORM Scan be processed using various payment instruments including Visa, Mastercard, Rupay, American Express, and other methods via third-party payment gateways.
- GHOOMO is committed to information security and, as a VeriSign Certified Site, employs 128-bit encryption technology and other advanced methods to protect users'credit card information. Transactions are secured using SSL encryption, which is the standard for secure online transactions.
Payment Gateway Charges:
- Users should be aware that GHOOMO cannotcontrol any additional fees that may becharged by their bank or financial institution for transactions. GHOOMO disclaims any liability forsuch fees.
Transaction Confirmation
- Users should wait for a confirmation of their transaction before taking any action based on information from the GHOOMO PLATFORMS. If a confirmation email is not received within the expected time frame, users should first check their "spam" or "junk" folders. If the confirmation is still not found, users should contact GHOOMO’s call centre for assistance.
- The total price payable for a service will be displayed to the user before payment is made. If a booking request is rejected by a Vendor (i.e., not confirmed), any amounts collected by GHOOMO for such a booking will be refunded to the user’s account used for the payment.
- GHOOMO will remit the applicable amount to the Vendor once GHOOMO receives confirmation of the booking from the Vendor.The total price may be collected in part payments, depending on the Vendor’s policy.
Amendment, Cancellation, and Refund Policy
- Amendments, cancellations, and refunds forbookings made on the GHOOMO PLATFORMS shall be governed by the policies ornotifications provided by GHOOMO or the Vendor at the time of booking.
- If a user books a service but cannot becontacted using the contact details provided, the booking may be cancelled, and neitherGHOOMO nor the Vendor will be liable for any charges or expenses incurred bythe user as a result.
Promotion
- GHOOMO may issue promotion codes or gift cards from time to time, which can be used as discount coupons or payment methods on the site, where applicable.
- GHOOMO reserves the right to modify, add to, or withdraw any promotional terms and conditions, or to replace or withdraw any promotional program without prior notice.
- In the event of a dispute regarding any promotion,GHOOMO's decision will be final and binding.
- Upon registration, users may receive communications from GHOOMO or its affiliates regarding offers or information about services that may benefit the user.
Modification of Terms
- GHOOMO reserves the right to change the terms, conditions, and notices under which services are offered through the GHOOMO PLATFORMS, including but not limited to changes in service charges.Users are responsible for regularly reviewing these terms and conditions.
Privacy Policy
- By using the GHOOMO PLATFORMS, the user consents to and acknowledges that they have read and fully understand the Privacy Policy of GHOOMO. The user agrees to the terms and contents of the Privacy Policy.
Limited User Rights
- Users agree not to sell, trade, resell, or exploit any portion of the Service for commercial purposes unless explicitly permitted by these terms.
- GHOOMO Services, including the use of the GHOOMO PLATFORMS, are intended for personal use only. They are not intended for use by travel agents or resellers for providing travel booking services to their customers.
- Users further agree not to reverse engineer, 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 GHOOMO PLATFORMS.
- Limited reproduction and copying of content from the GHOOMO PLATFORMS are permitted provided that GHOOMO’s name is cited as the source.
- Unlimited or wholesale reproduction, copying for commercial or non-commercial purposes, and unwarranted modification of data and information from the GHOOMO PLATFORMS is not permitted unless specifically agreed.
Disclaimer of Warranties / Limitation ofLiability
- GHOOMO strives to ensure the accuracy of the information provided but does not warrant or make any representations regarding the quality, accuracy, or completeness of any data or information.
- GHOOMO disclaims all warranties, express or implied, including but not limited to implied warranties of fitness for a particular purpose and merchant ability. GHOOMO shall not be liable for any direct or consequential loss arising from the use of any information or services provided.
- As a booking agent and facilitator, GHOOMOis not liable for the standards and rendering of services by third-party service providers. GHOOMO shall not be responsible for the services provided by these service providers. .
- GHOOMO makes reasonable efforts to ensure the accuracy of descriptions and content but does not take responsibility for errors or any loss resulting from information on the GHOOMO PLATFORMS.
- GHOOMO does not endorse any advertisers on its platform. Users should verify the accuracy of all information independently before relying on it.
- GHOOMO does not warrant that travel to certain destinations is without risk and is not liable for damages or losses from travel to such destinations.
- GHOOMO shall not be liable for any damages resulting from the use or inability to use the services, procurement of substitute goods, unauthorized access to user data, or any other matter related to the services. This includes damages for loss of use, data, or profits.
- GHOOMO is not responsible for delays or inability to use the GHOOMO PLATFORMS or services, the provision or failure to provide services by third-party providers, or any issues arising from technical reasons or maintenance. Users understand that downloading material from the GHOOMO PLATFORMS is at their own risk, and GHOOMO is not liable for any damage to computer systems or other losses.
- These limitations, disclaimers, and exclusions apply regardless of the cause of action, including breach of contract, breach of warranty, or negligence, to the extent such exclusions are not prohibited by applicable law.
- GHOOMO's maximum liability in any circumstance shall be limited to a refund of the total amount received from the user for the services, minus any applicable cancellation or other charges.
- GHOOMO shall not be liable for any consequential losses or additional expenses. GHOOMOis not liable for refunds or returns of charges or fees paid to third-party service providers.
Links to Third-Party Sites
- The GHOOMO PLATFORMS may contain links to other websites ("Linked Sites") that are not under GHOOMO’s control.
- GHOOMO is not responsible for the content of any Linked Sites, including links or updates. GHOOMO provides these links as a convenience and does not endorse or associate with the operators of Linked Sites.
- GHOOMO is not responsible for any errors,omissions, or representations on Linked Sites and does not endorse any advertiser on those sites. Users should verify the accuracy of information independently before relying on it.
Prohibition Against Unlawful Use
- Users agree not to use the GHOOMO PLATFORMS for any unlawful or illegal purposes under any applicable law. The GHOOMO PLATFORMS should not be used in any way that could damage, disable,overburden, or impair it or interfere with others' use and enjoyment.
- Users shall not attempt to obtain materials or information through unauthorized means.
- The GHOOMO PLATFORMS should not be used in any manner that could damage or impair its functionality or interfere with other users.
- GHOOMO reserves the right to terminate access to the GHOOMO PLATFORMS or any portion thereof, at its sole discretion, without notice.
Use of Communication Services
- The GHOOMO PLATFORMS may offer services such as email, chat, bulletin boards, information about tourist spots, newsgroups, forums, communities, personal web pages, calendars, and other messaging services (collectively referred to as "Communication Services").Users agree to use these Communication Services only for posting, sending, and receiving messages and materials that are appropriate and relevant to the specific Communication Service.
Users agree and undertake not to:
- Defame, abuse, harass, stalk, threaten, or otherwise infringe upon the legal rights of others.
- Publish, post, upload, distribute, or disseminate any inappropriate,profane, defamatory, infringing, obscene, indecent, or unlawful material or information.
- Upload or distribute files that contain viruses, corrupted files, or any other software that could damage the GHOOMO PLATFORMS or another’s computer
- Advertise or offer to sell or buy goods or services for business purposes unless the Communication Service explicitly permits such messages
- Conduct or forward surveys, contests, pyramid schemes,or chain letters.
- Download files posted by other users if the user knows or should reasonably know that such files cannot be legally distributed in that manner.
- Falsify or delete any author attributions, legal notices, or proprietary labels of the origin of any material in a file.
- Violate any applicable codes of conduct or guidelines for any Communication Service.
- Violate any laws or regulations in force in or outside India.
- Violate any terms and conditions of this Agreement or any other terms related to the use of the GHOOMO PLATFORMS.
- GHOOMO reserves the right to review andremove any materials posted through Communication Services at its solediscretion. GHOOMO may terminate a user’s access toany or all Communication Services at any time without notice for any reason.
- GHOOMO may disclose any information as required to comply with applicable laws,regulations, legal processes, or governmental requests. GHOOMO may also edit,refuse to post, or remove any information or materials at its sole discretion.
- GHOOMO does not control or endorsethe content of Communication Services and disclaims any liability or responsibility related to CommunicationServices and any actions resulting from a user's participation.
- Materials uploaded to CommunicationServices may be subject to limitations on usage, reproduction, anddissemination. Users are responsible for adhering to suchlimitations when downloading materials.
- By registering with GHOOMO, users may becontacted by GHOOMO or its partners/affiliates/group companies to receiveoffers or information about products/services that may be of interest.
Termination / Access Restriction
Without limiting other remedies available,GHOOMO may:
Limit the user's activity, end the user's listing, warn other users of the user's actions, or suspend/terminate the user’s registration if:
- The user breaches this Agreement or any incorporated documents.
- GHOOMO or its vendors are unable to verify or authenticate any information provided by the user.
- GHOOMO believes the user’s actions may infringe on third-party rights or violate applicable laws, causing potential liability for the user or others.
- GHOOMO may reinstate suspended users at its sole discretion. Users who have been suspended may not attempt to re-register or use the GHOOMO PLATFORMS until reinstated.
- In the event of a breach, GHOOMO reserves the right to recover any amounts due from the user and take legal action as deemed necessary.
Fees Payment
- GHOOMO reserves the right to charge listing fees for certain listings and transaction fees for completed transactions using GHOOMO Services. GHOOMO may alter these fees from time to time without prior notice.
- Users are responsible for paying all applicable charges, fees, duties, taxes, levies,and assessments related to the GHOOMO Services.
User Responsibilities & Liability
Users agree to the following responsibilities:
- Users are responsible for their own actions while using the Services purchased, and GHOOMO is not liable for such actions. GHOOMO provides a platform for communication, and the contract for services is solely between the Vendor and the User.
- Users represent that they are of legal age to form a binding contract with GHOOMO and are not barred from receiving Services under applicable laws in India.
- Users confirm that GHOOMO is not responsible for any deficiencies in payment related to services purchased from the GHOOMO PLATFORMS.
- Any reference to a Vendor being "verified"or similar indicates that the Vendor has undergone a reasonable verification process. It does not constitute an endorsement or guarantee of the Vendor’s identity or credibility. Users should exercise due diligence when availing services from any Vendor.
- Upon receiving a complaint, GHOOMO will inform the relevant Vendor and request an explanation. Users are expected to refrain from making frivolous or baseless complaints. Vendors are solely responsible for any claims related to deficient services, and GHOOMO will not be liable.
- In the event a Vendor fails to deliver a service, and it is not due to the User’s negligence, the Vendor will be liable for any applicable refunds or payments. GHOOMO is not liable for the Vendor’s failure to provide the service.
- Users consent to and understand the Privacy Policy of GHOOMO and accept its terms. GHOOMO or its partners/affiliates/group companies may contact users with offers or information about products/services.
- Users are responsible for maintaining the necessary equipment and internet access to use the GHOOMO PLATFORMS, including any associated third-party fees.
- Users understand that the Services may include communications from GHOOMO such as service announcements. GHOOMO is not responsible for deletions, mis-deliveries, or failures to store any User communications or personalized settings. The Services are provided on an"as is" basis.
- Registration on the GHOOMO PLATFORMS is mandatory. Upon registration, users receive a user ID and password/OTP. Users are responsible for maintaining the confidentiality of their credentials and for all activities conducted using their credentials. GHOOMO is not responsible for any financial loss or in convenience resulting from misuse of user credentials.
- Users agree to promptly notify GHOOMO of any unauthorized use of their credentials and to log off after each session. GHOOMOis not liable for any loss or damage arising from failure to comply with these requirements.
Users agree to:
- Provide true, accurate, and complete information about themselves and their beneficiaries during registration
- Maintain and promptly update registration information to keep it accurate and complete.
- If GHOOMO suspects that the information provided by a user is untrue, inaccurate, or incomplete, it reserves the right to suspend or terminate the user’s registration and refuse any current or future use of the GHOOMO PLATFORMS.
- Users grant GHOOMO the right to disclose registration data to third parties as necessary to provide the Services.
Breach
Without prejudice to any other remedies available to GHOOMO under this Agreement, the TOS, or applicable law, GHOOMO may take the following actions if:
- The user breaches this Agreement, the TOS,or any documents incorporated by reference;
- GHOOMO is unable to verify or authenticate any information provided by the user;
- GHOOMO believes the user's actions may infringe on third-party rights, breach applicable law, or result in liability for the user,other users, or GHOOMO.
- GHOOMO may, at its sole discretion, reinstate suspended users. Once indefinitely suspended, users may not register or attempt to register with GHOOMO or use the GHOOMO PLATFORMS until reinstated by GHOOMO. GHOOMO reserves the right to recover any amounts due and to take legal action as deemed necessary.
Proprietary Rights
- GHOOMO may provide users with content,including but not limited to sound, photographs, graphics, video, or material in sponsor advertisements. This material may be protected by intellectual property rights. Users may use this material only as expressly authorized by GHOOMO and shall not copy, transmit, or create derivative works without GHOOMO’s express permission.
- Users acknowledge they shall not upload, post,reproduce, or distribute any content on or through the GHOOMO PLATFORMS that is protected by third-party intellectual property rights without permission from the rights owner. Any such content must include appropriate copyright or proprietary rights notices. Unauthorized distribution of copyrighted or proprietary content is illegal and may subject users to legal liability.
Relationship
- The provisions of this Agreement, the TOS,and any related notices do not create a partnership, joint venture, or agency relationship between the user and GHOOMO. GHOOMO does not have authority to bind or act as an agent for the user or vice versa. However, if a user authorizes GHOOMO to access third-party sites to retrieve information, GHOOMO and its agents are deemed to be acting on behalf of the user for that purpose.
Headings
- Headings and subheadings are for convenience only and do not define,limit, or interpret the scope or intent of this Agreement, the TOS, or any related documents.
Interpretation of Number and Genders
- Terms in this Agreement apply equally to both singular and plural forms. Pronouns include both masculine and feminine forms. Terms like "include," "includes," and"including" are followed by "without limitation." Words such as "herein," "hereof," "hereto," and"hereunder" refer to the Agreement as a whole.
Indemnification
- Users agree to indemnify, defend, and hold harmless GHOOMO from all losses, liabilities, claims, damages, costs, and expenses (including legal fees) arising from any breach of this Agreement or the TOS by the user.
- GHOOMO, its officers, directors, employees, partners,or vendors shall not be liable for any special, incidental, indirect,consequential, or punitive damages, including loss of use, data, or profits, whether or not foreseeable or advised of the possibility, based on any theory of liability.
- GHOOMO assumes no liability for the non-availability of Services, or any actions taken by the Vendor.
Severability
- If any provision of this Agreement is found to be invalid or unenforceable, it will apply only to that provision, and the remaining provisions will continue to be in full force and effect.
Termination of Agreement and Services
- Either the user or GHOOMO may terminate this Agreement and the Services with or without cause, effective immediately.
- GHOOMO may, without prior notice, immediately terminate the user's account and access to the GHOOMO PLATFORMS/Services for reasons including, but not limited to, breach of this Agreement, requests by enforcement agencies, user requests, or non-payment of fees.
- This Agreement may be terminated through written notice by either party. GHOOMO is not liable for any claims arising from termination. If the user objects to any terms, their only recourse is to stop using the GHOOMO PLATFORMS/Services and notify GHOOMO.
- Upon termination, the user’s right to use the GHOOMO PLATFORMS/Services ceases. GHOOMO has no obligation to execute uncompleted tasks or forward unread messages. Any data stored by the user may not be retrievable after termination.
Notices
Notices and communications shall be in writing, in English, and are deemed given if delivered personally, by messenger, courier,registered mail (return receipt requested), or via email/facsimile (with acknowledgment of receipt)to:
- GHOOMO at support@ghoomo.com or its registered address.
- Registered users at the address specified in their registration form. Notices are deemed served 48 hours after dispatch unless the email address is invalid.
Disclaimer
- GHOOMO does not control, endorse, or accept responsibility for third-party services accessible through the GHOOMO PLATFORMS or linked sites. GHOOMO is not liable for third-party services, including any non-infringement of intellectual property rights. Transactions with third parties are at the user's risk, and GHOOMO is not responsible for third-party service terms or deficiencies.
- GHOOMO specifically disclaims any liability for deficiencies in services provided by vendors and does not guarantee that services will meet user specifications as detailed in the booking confirmation.
Governing Law
- This Agreement and each TOS are governed by and construed in accordance with the laws of India,without regard to conflict of laws principles. Disputes arising under this Agreement are subject to the exclusive jurisdiction of the courts in Mumbai, Maharashtra.
