The following Terms and Conditions ("Terms") are a contract between you and www.iXiGO.com ("iXiGO" or "Website"), a site owned and operated by Le Travenues Technology Pvt. Ltd ("Travenues"). iXiGO reserves the right to modify the Terms without any prior notification. You are advised to regularly review the Terms. If you do not agree with any of the Terms and any amendments thereto, you must not use this site/service. This website and the associated service are intended for the use of persons legally qualified to enter into a contract. By using the Site you acknowledge and confirm that you are legally qualified to enter into a contract and have read, understand and agree to be bound by these Terms.
1. Description of Site and Service:
The Website allows you to search across multiple providers of travel services (the “Service(s)”). Based on your search criteria, iXiGO sends out requests to multiple vendors and displays the results returned. You are allowed to click through to these third party supplier's websites and make bookings directly on their site. Furthermore, iXiGO website displays many travel deals offered by third parties. Based on your selection, iXiGO links you to these third party suppliers’ websites where you can make your bookings. From time to time, you may also receive travel deal information from third party suppliers if you agree to receive our email newsletters. Any selection of these deals would again link you to the third party supplier's website where you can fulfill your booking. Your access and use of the Service and iXiGO Web site and any content made available through the Service or iXiGO Web site constitutes your agreement to these Terms and to the
iXiGO Privacy Policy.
2. How to use iXiGO:
You agree to use the Service solely for your own personal, non-commercial purposes, and in accordance with the Terms specified herein. Furthermore, you agree not to: Frame, mirror or replicate any portion of the Website or tamper, hack or disrupt the Service or servers used to operate the Service; or use any automated process (including but not limited to spider, robot, scraper) to query, monitor and/or copy any content available on the Service and on iXiGO for any purpose other than that deemed legitimate ; or destroy, partially or fully, the functionality of any of iXiGO's computer software or hardware equipment; or reverse engineer, modify, distribute, publish, license, create derivative works from, sell or re-sell any information, software, products, or services obtained through the Service or iXiGO Web site without prior written agreement with us.
While registering on iXiGO you will register your email address and password of your choice and you will be responsible for maintaining the confidentiality of your password and your account. You will be responsible for all activities that occur from the use of your password or account. You agree to inform iXiGO immediately in case of any unauthorized use of your account. iXiGO will not be liable for any loss that may be incurred by you as a result of unauthorized use of your account.
3. Content Submission:
In future, iXiGO may enable users to submit, post, exchange, transmit or make available for inclusion information, ideas, opinions, images, photos or other materials (collectively "Content"). You agree that: Responsibility for all the Content made available by you lies squarely with you; You own or control the rights of the Content you make available on the Website; You are responsible for all the Content that you posted and the iXiGO, its subsidiaries, affiliates, partners or employees shall in no way be held liable for any content posted by you or any third party; iXiGO can, at its discretion, refuse to post or remove Content for any reason including, without limitation, violation of these Terms or if it is otherwise deemed to be unlawful or objectionable.
When you post your Content, you give to iXiGO, without any charges, unrestricted license to use, copy, modify, reformate, translate, publically display, syndicate, republish whole or part of the Content for the purpose of commercial advertising or otherwise on or in connection with Services offered by iXiGO or to the promotion of iXiGO. You further confirm that you have all rights to license the Content you posted on the Website for the purposes mentioned above.
4. Restrictions:
You agree not to: Use the service if you are not of a legal age to be able to form legally binding contracts; Submit misleading or inaccurate Content; Use the Service to violate any applicable local, national or international laws, third party rights, or Terms or our policies; If you engage in the above mentioned prohibited actions or indulge in activities deemed contrary to these Terms, we may limit, suspend, or terminate your use of the Service and take any and all available technical and legal actions we deem necessary. In addition, in case of involvement with certain activities mentioned above, you may also be subject to other legal penalties under applicable law.
5. Third party content and links to third party websites:
iXiGO is a travel search engine which provides links to third party providers as a part of its service. Presence of a third party link, trademark or brand on our Site is not necessarily an indication of an endorsement, adoption, authorization, sponsorship, affiliation, joint venture or partnership by or with us. You hereby acknowledge and understand that iXiGO does not own, control or operate the websites whose links have been provided on iXiGO. You also understand that iXiGO is neither liable nor responsible for any Content, services or products provided on these websites. iXiGO does not provide any assurance about the quality of products and services provided on these third party websites. You should make your own enquiries about the quality and reliability of these products, services and suppliers before proceeding ahead with any transactions. You understand that your transactions and interactions with third party websites is at your own risk and iXiGO shall in no way be held liable for the errors, representations, warranties, breaches or negligence of these suppliers or the resulting damage to person and /or property resulting there from.
6. Modifications to the Service:
iXiGO retains its right to discontinue or modify the Service or any part thereof for any period of time, any number of times with or without advance notice. iXiGO may, at its discretion, provide notices of changes on the Site or through e-mail. You acknowledge and agree that iXiGO will not be liable to you or to any third party for any such modification, suspension or discontinuance of the Service.
7. Changes to the terms:
iXiGO retains its right to change these Terms anytime in the future. You should periodically check and review these Terms to make sure that you are aware of any changes and continue to agree with them. iXiGO website shall have a copy of the current Terms readily accessible at all times for your review. Your use of the Website and associated Service following any change implies your continued agreement with the latest Terms in force.
8. Termination of relationship:
You acknowledge and understand that access to iXiGO and its associated Service is a privilege and not a right. You also agree that iXiGO can, at its discretion restrict, suspend, or terminate your use of and access to iXiGO Site and/or Service with or without intimation without assigning any reason and without incurring any liability.
9. Privacy policy:
The iXiGO Privacy Policy is available at www.ixigo.com/html/info/privacy.ixi. You confirm that you have read the conditions, practices and disclosures therein, find them reasonable and accept them in toto.
10. Intellectual property:
iXiGO is a registered trademark and all contents including the logo, graphic, design and other materials of the iXiGO website are copyright of Le Travenues Technology Pvt. Ltd © 2006-2010, H-3/157, Second Floor, Vikas Puri, New Delhi, West Delhi, Delhi- 110018, India. The graphics and content on this site are the copyrighted work of Travenues and contain proprietary trademarks and trade names of the Company. Travenues hereby authorizes copying of documents for non-commercial use or for educational research only. The above copyright notice must appear on every such copy. No right or license is granted under any copyright, patent or trademark of iXiGO to any other party. Other products and company names mentioned on the Website maybe trademarks of their respective owners. iXiGO, its licensors and suppliers maintain their rights and title on the content on iXiGO Website. You undertake not to use iXiGO for any commercial purposes without prior written agreement (including but not limited to hyperlinking, co-branding or framing).
11. General Disclaimer:
The Service provided by iXiGO is completely free and hence you acknowledge and agree that the disclaimers, exclusions and limitations set out in these terms are reasonable. The information displayed on this site is based on information collected from travel websites on the internet. This site contains information about airlines, airfares, and may contain information about hotels, cars, buses, tourism packages and various travel deals in the future. All information provided on this site is intended for personal non-commercial use. The prices listed on this site should be taken as indicative in nature and hence are subject to change from time to time without any prior notification. iXiGO neither represents nor warrants that the prices shown on this site shall be the same as at the time of purchase or intended purchase or any other purpose or usage. The availability and price information displayed on iXiGO are published prices and availability taken from the respective third party websites. The users should directly check with the respective airline/hotel/online travel agency website for promotional offers and such other information, if any. iXiGO expressly disclaims any warranties whether express or implied about the suitability, reliability, availability, timeliness, correctness, completeness, quality, continuity, performance, fitness of products, services contained/displayed within this site for any purpose. All such information, software, products, services and related graphics are provided "as is" without warranty of any kind. iXiGO hereby disclaims all warranties and conditions with regard to this service, software, products and services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, workmanlike effort, title and non-infringement.
12. Limitation of Liability:
UNDER NO CIRCUMSTANCES WILL IXIGO OR ITS AGENTS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES (WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA) ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR OTHERWISE, (EVEN IF IXIGO OR ITS AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THIS LIMITATION OF LIABILITY WILL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF OR RELIANCE ON THE SERVICE, FROM INABILITY TO USE THE SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, MALFUNCTION, OR TERMINATION OF THE SERVICE. THIS LIMITATION WILL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICE OR RECEIVED THROUGH ANY LINKS DISPLAYED THROUGH THE SERVICE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICE. SUCH LIMITATION WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW AND EVEN IF IXIGO OR ITS AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow the exclusion or limitation of liability for incidental damages, consequential damages, or intentional conduct, so the above limitations and exclusions may not apply to you. In such jurisdictions, the foregoing limitations shall apply to the fullest extent permitted by law. IN NO EVENT SHALL IXIGO BE LIABLE TO ANY CLAIM OR CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR OTHERWISE, (EVEN IF IXIGO OR ITS AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
13. Indemnification:
You agree to indemnify and hold iXiGO, its parents, subsidiaries, affiliates, officers, shareholders, directors, agents and employees, harmless from any claim, demand, or damage, including reasonable attorney fees, asserted by any third party due to or arising out of your use of Service or conduct on the iXiGO site. iXiGO reserves the right, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, but doing so shall not excuse your indemnity obligations.
14. Miscellaneous:
All terms of this agreement are separate from each other. If any of the terms of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable then that term shall be treated as changed or reduced, only to the extent minimally necessary to bring that term within the laws of that jurisdiction and to prevent it from being void and that term shall be binding in that changed or reduced form. Subject to that, each term of this agreement shall be interpreted as severable and shall not in any way affect any other term of this agreement.
Any notice to be served on either of the parties by the other may be sent by e-mail to the address from which the receiving party has last sent e-mail transmissions and will be deemed to have been received by the addressee on the same day of delivery of such notice.
In the event of a dispute arising out of or in connection with these terms and which has not been resolved by discussions and negotiations with iXiGO then you undertake to attempt to settle the dispute by engaging in a process of mediation with iXiGO in good faith before commencing arbitration or litigation.
This site is created and controlled by Le Travenues Technology Pvt. Ltd., New Delhi, India; as such the laws of India shall apply. Use of iXiGO Website and Service is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You hereby consent to the exclusive jurisdiction and venue of courts in Delhi, India. These Terms (and the Privacy Policy referenced herein) constitute the entire agreement between you and iXiGO with respect to the Service and the iXiGO Web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and iXiGO with respect to the Service.
If you have queries or complaints about the Services provided on the Website or want to give suggestions to iXiGO, please contact at the address given on the concerned webpage of the Website.