Agreement Between User And www.balarkaimpex.com.
This website (the “site”) is published and maintained by Balarka Impex Centre, a Propreitrix company incorporated under the laws of India, with its corporate office at No. AE20, New 6 , Ifloor, II Street,Off-10th Main Road, Anna Nagar, Chennai-600040
Through the website, www.balarkaimpex.com shall provide you (“USER”) Import & Exports, Logistics, Travels and other Related information pricing, availability, services as well reservations for airlines, hotels, railway, holiday packages, bus and car rentals throughout India and also international.
The www.balarkaimpex.com web site (s) is offered to the user on the condition that the user accepts without modification the terms, conditions, and notices contained herein. For the removal of doubts, it is clarified that use of the site by the user constitutes an acknowledgment and acceptance to all such terms, conditions and notices. If the user does not agree with any part of such terms, conditions and notices, the user must not use the website.
Additionally, the www.balarkaimpex.com website may contain terms pertaining to particulars features or offers (for example, travel flights hotels, packages entertainment, shopping 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 www.balarkaimpex.com website, then these terms shall prevail.
And also, www.balarkaimpex.com reserves the right, in its sole discretion, to terminate the access to any or all www.balarkaimpex.com, website and the related services or any portion thereof at anytime without notice.
User Account Information
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 www.balarkaimpex.com immediately of any unauthorized use of their password or account or any other breach of security. www.balarkaimpex.com 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 anytime.
Fees Payment
www.balarkaimpex.com reserves the right to charge listing fees for certain listings, as well as transaction fees based on certain completed transactions using the services. The user shall be liable to pay all applicable charges, fees, duties taxes, levies and assessments for availing the www.balarkaimpex.com services. Www.balarkaimpex.com further reserves the right to alter any and all fees from time to time, without notice.
Personal And Non-Commercial Use Limitation
The user agrees and undertakes not to sell, trade or resell or exploit for any commercial purposes, any portion of the service. Unless other wise specified, the site is not for commercial use but is specifically meant for personal use only. The user further agrees and undertakes not to 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 website (s).
Others' rights and use of www.balarkaimpex.com Services
The website may contain services such as e-mail, information related to travel, shopping, accommodation, entertainment, various tourist spots, personal WebPages, and/or other messages. The user agrees and undertakes to use the service only to post, send and receive messages and material that are proper and related to the particular service. By way of example, and not as a limitation, the user agrees and undertakes that when using a service, the user 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 specifically allowed.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user 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 service.
- The user should take particular care while disclosing any identifying information in any 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
www.balarkaimpex.com websites contained elsewhere herein. www.balarkaimpex.com does not control or endorse the content, messages or information found in any service and, therefore, specifically disclaims any liability or responsibility whatsoever with regard to the services and any actions resulting from the users participation in any service.
www.balarkaimpex.com has no obligation to monitor the services. However, www.balarkaimpex.com reserves the right to review materials posted and to remove any materials in its sole discretion. www.balarkaimpex.com reserves the right to terminate the users’ access to any or all of the services at any time without notice or any reason whatsoever.
www.balarkaimpex.com 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 www.balarkaimpex.com sole discretion.
Materials uploaded to a service may be subject to posted limitation 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.
www.balarkaimpex.com also reserves the right, in its sole discretion, to terminate the access to any or all www.balarkaimpex.com websites and related services or any portion thereof at any time, without notice.
Modification of these terms of use
www.balarkaimpex.com reserves the right to change the terms, conditions and notices under which the services are offered through the www.balarkaimpex.com website, including but not limited to the charges associated with the use of the www.balarkaimpex.com website. The user shall be responsible for regularly reviewing these terms and conditions. www.balarkaimpex.com disclaims any liability, responsibility or any other claim, whatsoever, with 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 www.balarkaimpex.com websites.
User Agreement
www.balarkaimpex.com 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. www.balarkaimpex.com 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 www.balarkaimpex.com and www.balarkaimpex.com 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. www.balarkaimpex.com is providing these links to the user only as a convenience and the inclusion of any link does not imply endorsement of the site by www.balarkaimpex.com.
www.balarkaimpex.com hereby expressly disclaims any implied warranties imputed by the laws of any jurisdiction. www.balarkaimpex.com considers itself and intends to be subject to Bangalore jurisdiction, 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 www.balarkaimpex.com pages or otherwise use any of the contents, pages, information or any other material contained on the www.balarkaimpex.com 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. www.balarkaimpex.com may change the features or functionality of the services at any time, in their sole discretion. www.balarkaimpex.com 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 www.balarkaimpex.com websites may include inaccuracies or typographical errors. Changes are/may be periodically made/added to the information herein. www.balarkaimpex.com may make improvements and/or changes in the www.balarkaimpex.com websites at any time without any notice to the user. Any advice received except through an authorized representative of www.balarkaimpex.com via the www.balarkaimpex.com websites should not be relied upon for any decisions.
www.balarkaimpex.com 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 www.balarkaimpex.com is not complete until full money towards the service is received from the customer and accepted by www.balarkaimpex.com.
The maximum liability on part of www.balarkaimpex.com arising under any circumstances, in respect of any services offered on the site, shall be limited to the refund if 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 www.balarkaimpex.com 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 www.balarkaimpex.com website (s). Neither shall www.balarkaimpex.com be responsible for the delay or inability to use the www.balarkaimpex.com 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 www.balarkaimpex.com website (s), or otherwise arising out of the use of the www.balarkaimpex.com 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 www.balarkaimpex.com 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 www.balarkaimpex.com website(s), or with any of these terms of use, their sole and exclusive remedy is to discontinue using this site.
Disclaimer of Warranty
Although www.balarkaimpex.com has attempted to provide accurate information on the website, But www.balarkaimpex.com and its providers make no warranty of any kind regarding the site, content, products as services, all of which are provided on an “as is” basis. www.balarkaimpex.com does not warrant that the functions contained in this site will be uninterrupted or error free, that defects will be corrected, or that this site or the servers that make it available are free of viruses or other harmful components, but shall endeavor to ensure your fullest satisfaction.
The fact that www.balarkaimpex.com is including or offering any product or service on the site is not an endorsement or a recommendation of the product or service. www.balarkaimpex.com makes no warranty, express or implied, concerning the website and/or its contents and disclaims all warranties of fitness for a particular purpose and warranties of merchantability in respect of services, including any liability, responsibility or any other claim, what so ever, 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 the website.
www.balarkaimpex.com does not warrant or make any representations regarding the use of or the result of the use of the material on the site in terms of their correctness accuracy, reliability, or otherwise, in so far as such material is derived from other service providers such as Airlines, Hotel owners, Railways, Bus operators, Theatre owners, Shopping service providers and tour operators.
Limitation on Liability
www.balarkaimpex.com merely provides intermediary services in order to facilitate highest quality services to the user. www.balarkaimpex.com shall not be or deemed to be responsible for a lack or deficiency of services provided by any person (airlines, travel/tour operator, hotel facility or similar agency/service providers) the user shall engage or hire or appoint pursuant to our resulting from, the material available in this site. The use of this site and its content is at the user's sole risk. In no event will www.balarkaimpex.com or its providers be liable to any party for any direct, indirect, punitive, Incidental, Special, Consequential Damages for any use of this site, Any hyper linked website, the acts or omission of providers who furnish Products or services through this site, or the Products or services offered by providers through this site, including, without Limitation, Whether Based in contract, tort, negligence, strict Liability or otherwise, that arises out of or is in any way connected with(i) Any use of Browsing or Downloading of any part of our site or content, (ii) any failure or delay (Including without Limitation the use of or inability to use any component of this site for Reservation or ticketing), or (iii) The performance or Non performance by us or any provider, or (iv) any damages or injury caused by any failure of performance, Error, omission, interruption, deletion, defect, delay in operation or Transmission, computer virus, communication line failure theft or destruction or unauthorized access to, Alternation of, or use of record, Even if www.balarkaimpex.com and the provider(s) have been advised of the possibility of damages to such parties or any other party.
Notwithstanding anything else to the contrary contained else where herein or other wise at law, www.balarkaimpex.com or a provider is found liable for any loss or damage which arises out of or is in anyway connected with any of the occurrences described in the limitation above, then www.balarkaimpex.com and the providers liability will in no event exceed, in total the sum of Rs. 5000/-.
Links to Third party sites
This website may contain links to other websites. The linked sites are not under the control of www.balarkaimpex.com and hence, www.balarkaimpex.com is not responsible for the content of any linked site, or any changes and updates to a linked site. www.balarkaimpex.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by www.balarkaimpex.com or the website of the linked sites or any association with its operators or owners. If the user decides to access any of the third party sites linked to this website, the user does so entirely at his/her own risk. www.balarkaimpex.com does not endorse any advertiser on any linked site in any manner. The users are to verify the accuracy of all information on their own before undertaking any reliance on such information.
Indemnification
The user agrees to indemnify, defend and hold harmless www.balarkaimpex.com 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 www.balarkaimpex.com 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 nonperformance of any representation, warranty, covenant or agreement made or obligation to be performed by the User pursuant to this agreement.
Interpretation of Number And Genders
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 Agreement as a whole.
Proprietary Rights
All materials on this site, including but not limited to any text, images, audio, video, software, icons and such like (“the content”) are protected by copyright under international conventions and copyright laws. The user cannot use the content, except as specified herein. The user agrees to follow all instructions on this site limiting the way users may use the content. www.balarkaimpex.com 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 www.balarkaimpex.com and shall not copy, transmit or create derivative works of such material without express authorization from www.balarkaimpex.com.
The User acknowledges and agrees that they shall not upload post, reproduce or distribute any content on or through the Website 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 on or through the Website 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.
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 www.balarkaimpex.com website or its partner websites, shall be deemed to constitute a partnership between the user and www.balarkaimpex.com and no party shall have any authority to bind or shall be deemed to be the agent of the other in any way.
Severability
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provisions will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Privacy And Security
The user hereby consents, expresses and agrees that he has read and fully understands the privacy policy of www.balarkaimpex.com contained in the www.balarkaimpex.com websites and he hereby consents that the terms and contents of such privacy policy are acceptable to him.
Disputes
If any dispute arises between the user and www.balarkaimpex.com during the use of this site or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the terms and conditions, the dispute shall be referred to a sole arbitrator, who shall be an independent and neutral third party identified by www.balarkaimpex.com. The place of arbitration shall be Bangalore. The arbitration proceedings shall be in the English language. The terms and conditions shall be governed and construed in accordance with the laws of India.
Termination of Agreement and Services
Either the user or www.balarkaimpex.com may terminate this Agreement and a service with or without cause at anytime to be effective immediately. The user agrees that www.balarkaimpex.com may under certain circumstances and without prior notice, immediately terminate the user's user id and access to the website/services. Causes for termination may include, but shall not be limited to breach by the user of this Agreement, requests by enforcement or government agencies, requests by the user, non-payment of fees owned by the user in connection with the services.
This Agreement may be terminated by either the user or www.balarkaimpex.com through a written notice to the other. www.balarkaimpex.com shall not be liable to the user or any third party for termination of any service upon termination of the service, user's right to use the website/services and software shall immediately cease. Once the user's registration or the services are terminated, canceled or suspended, any data that the user has stored on the website may not be retrieved later.
Notices and Communication
All notices and Communications shall be in writing in English to the following address: No. AE20, New6, Ifloor, II Street, Off-10th Main Road, Anna Nagar, Chennai-600040
If the user has any questions or concerns about these terms or if the users need further assistance with respect to access to or use of the site or the services offered by www.balarkaimpex.com, the user may contact our customer service department at mail@balarkaimpex.com
General Provisions
www.balarkaimpex.com reserves its right to deny in its sole discretion any user access to this site or any portion here of without notice.
The user may travel to certain destinations which involve greater risks than others, entirely at the users risk as to cost and consequences.
www.balarkaimpex.com requests the user's to consult the local authorities and evaluate travel prohibitions, warning, announcements and advisories issued by them before booking travel to certain international destinations.
www.balarkaimpex.com reserves its exclusive right in its sole discretion to alter, limit or discontinue the site or any material posted herein, in any respect. www.balarkaimpex.com shall have no obligation to take the needs of any user into consideration in connection therewith.
By offering for sale travel to particular international destinations, www.balarkaimpex.com does not represent or warrant that travel to such point is advisable or without risk. www.balarkaimpex.com does not accept liability for damages, losses, or delays that may result from improper documents for entry, exit, length of stay, or from travel to such destinations.
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