with effect from 15th August, 2019
This is a legal agreement (“Agreement”) between YOU (the person accessing, viewing, using, or installing the App, and later referred to as “you”, “User” or “Subscriber” as per the context) and India Assist (“we”, “us” or “our”).
- India Assist Ltd seeks to facilitate Foreign Tourist Arrivals (“FTAs”) into India as a first point of contact assistance for Distress (defined below) and provide assistance to its Subscribers (defined below) through its mobile application called ‘India Assist’ (“App”) using modes such as telephone (landline and mobile), data services and Voice over Internet Protocol (VoIP), and/or where on-ground support assistance is available, through on-ground support, based on the information, location and other details provided by the Subscriber on the App (“Services”). This facility of India Assist Insights Pvt. Ltd is aimed at bridging the information gap between FTAs and local resources during Distress and seeks to help FTAs reach solutions faster.
- India Assist seeks to provide Services for the following distresses at present:
- General Travel & Tourism Queries/Information
- Theft & Loss
- Unpredictable/Sudden Medical Issues
- Transit, and
- Altercation (together “Distress”).
- At present, India Assist charges for the Services in US Dollars. The quantum of charges would inter alia, depend upon the package opted by the Subscriber(s) i.e. whether the package opted for is for individual or for group usage, and promotions (if any running at the time of opting for the Services). These charges are typically on per day basis and the applicable charges will be mentioned at the time of purchase. Please note, your network operator may also separately charge you for data and other usage.
- For accessing the App, you will have to register on the App as a user (“India Assist User” or “User”). To register as a User onto the India Assist Application, you will have to provide your [First & last name, email address, country of origin, mobile number and gender]. Alternately, you may also register through a social media service (such as Facebook or Google). Please note, when you register/access the App through a social media service, we will receive Your user name associated with that social media service, any information or content the social media service has the right to share with us, such as Your profile picture, email address or friends list, and any information You have made public in connection with that social media service.
- If you wish to avail our Services, you will have to additionally register on the App as a subscriber (“India Assist Subscriber” or “Subscriber”). To register, you will additionally have to provide information including the following:
- First & last name, email address, country of origin, mobile number, gender and age of Subscriber and those of co-travelers (if group package is opted for).
- Country of origin, address, emergency contact with emergency contact details and email address, and those of co-travelers (if group package is opted for).
- Travel Itinerary- City for Assistance, start and end date of the travel, number of co-travelers and related information.
- Payment details for purchasing assistance service.
- Features Of The App, Interactions, and Related Terms
- The Services will be provided on best efforts basis. India Assist will make reasonable efforts and shall endeavour that you are able to use the Services without undue disruption, interruption or delay.
- India Assist will not and should not be expected to make any payment/clear bills/purchase/give monetary assistance of any kind, during Distress or otherwise, unless agreed to specifically in writing. India Assist will not be held liable for any monetary implication caused due to any solution provided to you in such a scenario.
- As said hereinbefore the Services are chargeable. India Assist shall notify you about the accruing costs prior to the use of the Services and any functionality or feature on the App which is chargeable. All statutory taxes, apart from Service fee (as per applicable laws) for the discharge of Services would be borne by the Subscriber.
- India Assist may update the App to introduce new features, improve the efficiency, safety and reliability of the App and/or Services or of any product or device that can be used to access the App and/or Services (“Device”), to provide bug fixes for the App or parts thereof, and to update and enhance previously installed versions of the App (including entirely new versions). Depending on the update, you may not be able to flawlessly use the App or Services until you have downloaded the latest version or the updated version of the App and accepted any new terms.
- The App and/or Services may include certain communications from India Assist (e.g., service announcements, administrative messages and other information and alerts) including by way of SMS on your registered mobile number/email. By using the App and/or Services, you consent to receiving such messages/email. You acknowledge that these communications are considered part of the App and are necessary for optimum level of Services. However, in case you decide to opt out of receiving them, you acknowledge that India Assist shall not be responsible in any manner for any deficiency in Services.
- Data and Location Services
- For providing the Services through the App, location details as sent from the Subscriber’s Devices at the time of Distress would be required and Service will be provided based on that location. In this regard you agree and acknowledge that tracking of location is extremely important for providing any first contact assistance to you in cases of Distress; by turning off the location therefore, you run the risking of compromising the quality of Services and India Assist will not be responsible for any delay/error in providing the Services in such cases. You agree that by turning off your location you would be deemed to have willfully withdrawn from utilizing our Services. Also, India Assist is not responsible for any third party applications, including GPS apps such as Maps. India Assist will not be responsible for any discrepancy in location.
- India Assist will not be responsible for any ‘no show’ or delay in Service caused due to a Force Majeure Event. A “Force Majeure Event” would mean an event which is outside the reasonable control of India Assist, and which complicate or make impossible the rendering of Services. Such events would include but are not limited to sabotage, fire, rains, flood, explosion, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, unauthorized access to computer, computer system or computer network, computer crashes, power or electricity failure or unavailability of adequate power or electricity, suspension of public or private telecommunications networks, strike, riots, natural calamities, malware attack, any technological malfunction/failure affecting the App, heavy traffic, breakdowns, road blocks, etc.
- India Assist may provide push notifications to notify the Subscriber when he/she has stepped out of Defined Assistance Area. Even if there is no push notification to indicate that the Subscriber has moved beyond the Defined Assistance Area, no ground assistance services can be provided beyond the Defined Assistance Area.
- India Assist will bear no liability upon misuse of any Services provided to Subscriber by India Assist or being used by the Subscriber.
- Your Responsibilities
- By using the App, you represent and warrant that:
- You are 18 years of age or older and that your use of the App shall not violate any applicable law or regulation;
- You shall ensure that the requisite information provided by you to us for the Services on the App, is absolutely true, up-to-date and correct and nothing material has been concealed, and that you agree to maintain the accuracy of such information. India Assist will not be liable for any incident occurring due to incorrect or insufficient information provided by you; and
- Your registration on the App is solely for your personal and non-commercial use. Any use of the App/Services or the contents of the App, other than for personal purposes is prohibited.
- Any change in Subscriber travel itinerary information must be updated within the App. Cancellation and refund policy will determine monetary charges applicable in such cases.
- We are and we will remain the owner of the App at all times, and you must not otherwise copy, transmit, distribute, reproduce (for compensation or otherwise), license, alter, adapt or modify the whole or any part of the App in any way. You acknowledge that all information, content and material contained on the App is our intellectual property. All trademarks, services marks, trade names, and trade dress are proprietary to India Assist. No information, content or material from the App may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without our express written permission
- You may download the App to view, use and display the App on the Devices for your personal purposes only. You must delete the App from a Device if you change that Device or intend to dispose it off.
- You must:
- not delete or modify any content of the App and / or the Services, including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify;
- make false or malicious statements against the Services or the App or us;
- not engage in any form of antisocial, disrupting, or destructive acts, including "flaming," "spamming," "flooding," "trolling," “phishing” and "griefing" as those terms are commonly understood and used on the Internet;
- not use the App or any Services in a way that could damage, disable, overburden, impair or compromise the App, our systems or security or interfere with other Users/Subscribers;
- not carry out reverse engineering in respect of the App or any part thereof; and
- comply with any applicable law and regulation relating to downloading, using or otherwise exporting the technology used or supported by the App or any Services, which may include but is not limited to not using the App in a country where the use of the App or any Services is unlawful.
- You expressly understand and agree that:
- The information, content and materials on the App and / or Services is provided on an “as is” and “as available” basis. India Assist and its subsidiaries, affiliates, officers, employees, agents, partners and licensors disclaim all warranties of any kind, either express or implied, including but not limited to, implied warranties on merchantability, fitness for a particular purpose and non-infringement;
- India Assist does not warrant that the functions contained in content, information and materials on the App and / or Services, including, without limitation any third party sites or services linked to the App and / or Service will be uninterrupted, timely or error-free, that the defects will be rectified, or that the App or the servers that make such content, information and materials available are free of viruses or other harmful components;
- Any material downloaded or otherwise obtained through the App are accessed at your own risk, and you will be solely responsible for any damage or loss of data that results from such download to your computer system.
- You hereby indemnify, defend, and hold India Assist, its employees, agents, representatives and other authorized Users and Subscribers of India Assist, harmless from and against any and all losses, damages, liabilities and costs arising from your use of the Service.
- Services: Limitation of Liability
- We will not be liable or responsible for:
- the App not meeting your individual requirements or the App containing defects or errors, as the App has not been developed specifically for you. It is your responsibility to ensure that you use the App if the facilities and functions of the App meet your requirements; or
- any loss or damage caused by a distributed denial-of-service, viruses attack, or other technologically harmful material that may infect your Device, data or other proprietary material due to your use of the App or the Services.
- any criminal act, misconduct or act that is prosecutable in the court of law committed by any partner or a third party service provider (limited but not restricted to ground assistance, ground support, medical assistance, forex, personal assistance, or in any other Service mentioned in the App). India Assist will assist the authorities and take any necessary action if and when required to address any such grievances.
- Additionally, by using the App or any Services, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send using the App or any Services may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
- You expressly understand that under no circumstances, including negligence, shall make India Assist be liable to you or any other person or entity for any direct, indirect, incidental, special, remote or consequential damages, including, but not limited to damages for loss of profits, goodwill, use, data or other intangible losses, resulting from circumstances, including:
- the use or the inability to use the Service; or
- the cost of procurement of substitute services resulting from any data, information or services purchased or obtained or messages received through or from the App and / or Service; or
- unauthorized access to or alteration of your transmissions or data; or
- any other matter relating to the App and / or Service.
- Copyright And Trademarks
Copyright in works contained in the App, including but not limited to all software, design, text, sound recordings and images, are owned, or licensed, except as otherwise expressly stated, by us. You may access the App for your own use of the facilities offered. You may not otherwise copy, transmit, display, perform, distribute (for compensation or otherwise), license, alter, store or otherwise use the App or any of its components.
- Third Party Advertising
- On termination for any reason you must immediately delete or remove the App from all Devices, and immediately destroy all copies of the App then in your possession, custody or control and certify, if we so request, to us that you have done so.
- Cancellation Policy:
- Cancellation atleast 48 hours before the start of Service(s) (“Agreed Period”): Once an order for purchasing the Service on the App is received by us and the checkout procedure is completed, a cancellation of such order can only be made atleast 48 hours prior to commencement of the Services; no cancellations will be accepted post such time (“Non-Cancelable Period”). For the purpose of cancelling the order placed by you, you can either send us an e-mail on email@example.com with your order details such as your name, address, telephone number, order number, booking date, etc. or you can call our customer care and give directions for cancellation of your order. Once the cancellation has been accepted by us, you will be intimated about the same by way of an e-mail or phone call on the e-mail ID and/or telephone number provided by you.
- Cancellation after the start date of service: During the Non-Cancelable Period, no cancellation will be accepted under any circumstances. Under such circumstances, the we will not be liable to refund or return any amount paid by you, irrespective of whether the Services have been availed by you or not.
- Return and Refund policy:
- Any refund against a request for a cancellation of the Service during the Agreed Period shall be processed only upon receipt of a request from the registered email address of the Subscriber. We will not be responsible for any malfunctioning data connection or SIM issue or any technical issue because of which you are unable to send the cancellation request.
- It may take up to 10-15 business days for the credit to reflect in your account. The actual time taken for refund or for the credit of the payment into your account depends on the mode by which the payment was made and the procedures adopted by various financial services providers.
- Other Important Terms
- The Services are limited to the actual App Subscriber only. This Service is non-transferable and cannot be used for any other unauthorized & unregistered person using registered customer(s) ID.
(b) a law, regulation or provision shall be a reference to such law, regulation or legal provision as subsequently amended or supplemented or re-enacted;
(c) an agreement, deed or document shall be a reference to such agreement, deed or document as including all amendments made thereto from time to time;
(d) unless the context otherwise requires the singular includes the plural and vice versa;
(e) the words “other”, “or otherwise” and “whatsoever” shall not be construed ejusdem generis or as any limitation upon the generality of any preceding words or matters specifically referred to;
(f) references to the word “includes” or “including” are to be construed without limitation;
(h) words importing a particular gender shall include all genders;
(i) words and abbreviations, which have well known technical, trade or commercial meanings are used in the Agreement in accordance with such meanings.
- Applicable Law and Dispute Resolution
- Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996.
- The seat of such arbitration shall be [Bangalore].
- All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the Parties.
- All notices and other communications required or permitted hereunder to be given to a party hereto shall be in writing, in the English language, and shall be sent by facsimile, e-mail, or mailed by prepaid internationally-recognized courier, or otherwise delivered by hand or by messenger, addressed to such party hereto’s address as set forth below or at such other address as the party hereto shall have furnished to the other party hereto in writing in accordance with this provision:
If to India Assist:
Asset One, Ground Floor, Hyatt Anda Residences, Aerocity, New Delhi 110037
If to you:
At the email address provided by you to us when you registered as an India Assist Subscriber/User.
- Complete Understanding