Terms of Use

Terms and Conditions / Terms of Service


This agreement (the “Agreement” or “Terms and Conditions” ) between Airlines Technology Private Limited (“AT”), having its registered office at Unit No. Of- 5a, Ground Floor, Tower B4, Spaze IT Techpark, Sector 49, Sohna Road, Gurgaon Haryana- 122001 and any person/entity accessing/ using AT’s website (“User”) governs the terms and conditions of the User’s access to this website of AT.
Hereinafter, AT and User are individually referred to as “Party” and collectively as “Parties”.
NOW THEREFORE, in consideration of the mutual covenants and agreements herein contained the receipt and sufficiency of which is hereby acknowledged, the Parties hereto, intending legally to be bound, hereby agree as follows:

1.ACCESS/ USE AND REGISTRATION ON THE WEBSITE


1.1 This website provides the User with access to information about AT’s services, products, and related subject matter (“Content”). The terms herein contained shall be applicable to all the Users.
1.2 Users access and usage of this website shall be deemed to be acceptance of the terms herein contained.
1.3 If at anytime User does not agree to any of the terms herein contained, then such User should immediately discontinue use of this website.
1.4 AT reserves the right, in its sole discretion, to modify or update these terms at any time. Such modifications and updates shall be effective immediately upon posting. User agrees to be bound by such modified and updated Terms if the User accesses or use this website after AT has posted notice of such modifications or updates.
1.5 In case User of this website creates an account on this website and consequentially creates a user identification and password on this website (“Data”) then such User shall be solely responsible for safeguarding and maintaining the confidentiality of its account username and password and for all activities that occur under its account;
1.6 The registration details and all other the data provided by the User shall be treated shall be treated as Confidential Information by AT.

2.PARTIES’ PROPERTIES

2.1 AT retains all ownership rights in and to the copyrights and all other rights and interests in and to this website, Content and any materials provided to User for use relating to its account or through this website.
2.2 AT shall be responsible for, and shall have full discretion with respect to the terms, features, and operation of this website, Content and other properties and related marketing, but the Data will be subject to the terms of this Agreement and shall be kept confidential.
2.3 This Agreement does not grant User any license or other rights to or in any intellectual property, Intellectual Property Rights or technology owned or operated by AT or any of its affiliates, including, without limitation, any trademarks or trade names. Nothing in this Agreement restricts any rights AT may have under applicable law or otherwise.
2.4 “Intellectual Property Rights” herein means any and all now known or hereafter known tangible and intangible (a) rights associated with works of authorship throughout the universe, including but not limited to copyrights, moral rights, and mask works (b) trade mark and trade name rights and similar rights (c) trade secret rights (d) patents, design, algorithms and other industrial property rights (e) all other intellectual and industrial property rights (of every kind or nature throughout the universe and however designated) including “logos” “rental” rights and rights to remuneration, whether arising by operation of law, contract, license or otherwise and (f) all registrations, initial applications, renewals, extensions, continuations, divisions or reissues here now or hereafter in force (including any rights in any of the foregoing);

3.USER’S RESPONSIBILITIES

3.1 The User recognizes that this website may be unavailable for certain periods of time, inter alia for maintenance, repairs, updation etc., without any liability to either Party. Whilst AT will endeavor to give prior notice for such unavailability, the User agrees that such prior notice may not always be possible.
3.2 The User understands that as per law, they are prohibited to host, display, upload, modify, publish, transmit, update or share any information that –
(a) belongs to another person and to which the user does not have any right to;
(b) is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
(c) harm minors in any way;
(d) infringes any patent, trademark, copyright or other proprietary rights;
(e) violates any law for the time being in force;
(f) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(g) impersonate another person;
(h) contains software viruses or any other files programs designed to interrupt, destroy or limit the functionality of any computer resource; or
(i) is against public policy.
3.3 User help-desks shall be made available / installed in order to assist the Users by handling complaints, queries, enquires, etc., details of which are provided at this website.
3.4 By accepting the terms and conditions mentioned herein, the User authorizes AT to intercept, monitor and decrypt any information provided by the User at this website.

TERM & TERMINATION

4.1 The term of this Agreement will begin upon its acceptance by the User and will continue until terminated in accordance with the terms hereof.
4.2 Upon the termination of this Agreement, AT may delete / terminate such account of User, without any liability.
4.3 AT shall have the right to immediately terminate the access or usage of its website by the User in case of any non-compliance with the terms and conditions herein, and privacy policy of the website.
4.4 Following the conclusion or termination hereof, AT will have the right but not the obligation to continue to maintain copies of the Data, if it is required for functional requirements. However, the Data shall always be treated as Confidential Information.

5 LIMITATION OF LIABILITY

5.1 All Content on this website is provided on an “as is” basis. AT will in no event be liable for any loss of data, loss of profits, cost of cover or other special, incidental, consequential, indirect, exemplary or reliance damages arising from or in relation to this Agreement.
5.2 AT specifically disclaims with respect to all services, software, programmes or products provided by it in connection with this Agreement, all warranties, expressed or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
5.3 User acknowledges and agrees that AT cannot ensure that its registration details and data will be protected from theft or misuse and AT will have no liability arising from a failure of any security system or procedure or any third party to comply with any website usage rules.
5.4 AT will have no liability arising from system or process failures, interruptions, inaccuracies, errors or latencies.
5.5 Notwithstanding anything to the contrary elsewhere, in no event shall the cumulative liability of AT exceed 10% of the pro-rated consideration paid for one-year it receives hereunder preceding the claim.

6 CONFIDENTIALITY


6.1 Subject to the privacy policy on the website, this Agreement, its existence and all information and other material passing between the Parties shall be considered to be Confidential Information and shall not be disclosed to any person or third party without the prior written consent of the other Party. The obligations of confidentiality shall not extend to information which:
(a) is disclosed with the consent of the Party who supplied the information; or
(b) is required to be disclosed by any applicable law or any applicable regulatory requirements or by any regulatory body to whose jurisdiction the relevant Party is subject or with whose instructions it is customary to comply under notice to the other Party;
(c) is, at the date this Agreement, lawfully in the possession of the recipient of the information through sources other than the Party who supplied the information; or
(d) is generally and publicly available, other than as a result of breach of confidentiality by the Person receiving the information.
6.2 “Confidential Information” herein means all non-public information that this Agreement or a Party designates as being confidential, or which, under the circumstances of disclosure ought to be treated as confidential and it includes, without limitation, the terms and conditions of this Agreement, information relating to the financial and accounting books and records, marketing or promotion, business policies or practices, customers, potential customers or suppliers of information, trade secrets, source codes, documentation, technology, or information received from others that a Party is obligated to treat as confidential;

7 THIRD PARTY WEBSITES

This website may contain links to third-party or other AT-affiliated websites (“Third-Party Sites”). Through the links, User will exit this website, and gain access to the Third-Party Sites at its own risk. User acknowledge that AT provides the Third-Party Sites for User’s convenience and information only. AT does not endorse nor is responsible for any content, information, or other related materials found at any such Third-Party Sites or any links contained within such Third-Party Sites, whether or not AT is affiliated with the owners of such Third-Party Sites. Further, AT does not control any use of content, information or other related material that third party provides to, or is collected and/or tracked by, such Third-Party Sites. Such use by Third-Party Sites is governed by the terms of use statements and/or privacy policies of such Third-Party Sites, not this website, and as a result may differ from AT’s.

8 Indentification

AT reserve the right to report any wrongdoing, if and when AT become aware of it, to any applicable government agencies. User agrees to indemnify, defend and hold AT (including its third party affiliates) its officers, directors, employees, affiliates, agents, licensors, and suppliers (including its third party affiliates) harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys’ fees) resulting from User’s use of this website, User’s breach of any provision of these terms and/or any negligent acts, omissions or intentional wrongdoing by the User. Any such indemnification shall be conditioned on AT: (a) notifying the User in writing of any such claim, demand, action, cost, liability, loss or threat of any thereof; (b) cooperating with the User in the defense or settlement thereof; and (c) allowing User to control such defense or settlement. AT shall be entitled to participate in such defense at AT’s own cost and expense.

9 VARIATION & CHANGE IN CONTROL

The User shall abide by all the terms and conditions expressed on this website, as may be amended from time to time. The continued use of this website by User, after AT posts the changes, will constitute User’s acceptance of any such changes. If User does not agree to the changes, then it must withdraw from this website and close its account created on the website.

10 DISPUTE RESOLUTION

All disputes arising out of or in connection with this Agreement shall be finally settled by arbitration in accordance with the rules of arbitration of the Indian Arbitration and Conciliation Act, 1996 (as amended from time to time). The arbitral proceedings shall be held in Gurgaon. Subject to the foregoing the courts in Delhi shall have exclusive jurisdiction over any matter related hereto. The language for arbitration shall be English. Both the Parties shall bear their respective costs.

11 GOVERNING LAW

This Agreement shall be construed and enforced in accordance with the laws of India, without regard to its conflicts of law principles.

12 SEVERABILITY

If any provision of this Agreement is held invalid, unenforceable or illegal for any reason by a court of competent jurisdiction or other competent authority, the Agreement shall remain otherwise in full force apart from such provisions, which shall be deemed deleted.

13 ENTIRE AGREEMENT

This Agreement is the complete and exclusive statement of the agreement between the Parties relating to the subject matter hereof and supersedes all previous communications, representations and arrangements, written or oral.

14 WAIVER

a.No right under this Agreement shall be deemed to be waived except by notice in writing signed by each Party.
b.A waiver by a Party shall not prejudice its rights in respect of any subsequent breach of the Agreement by the other Party.
c.Subject to clause 14, any failure by the Party to enforce any clause of this Agreement, or any forbearance, delay or indulgence granted by the Party to the other Party, will not be construed as a waiver of the Party’s rights under this Agreement.

15 SURVIVAL

a.Subject to any provision to the contrary, this Agreement shall inure to the benefit of and binding upon the Parties and their successors or permitted assigns.
b.The covenants, conditions and provisions of this Agreement, which are capable of having effect after the expiration of the Agreement, shall remain in full force and effect following the expiration of the Agreement.

16 RELATIONSHIP

Neither Party shall have nor represent that it has any right or authority to bind the other or to assume or create any obligation or responsibility under law expressed or implied on behalf of the other or in the name of the other unless provided in this Agreement.

17 NOTICE

Any notice or other writing required or permitted to be given under this Agreement (hereinafter called a “Notice”) shall be sufficiently given if delivered by hand to the Party to whom it is addressed or mailed by prepaid, registered airmail at the address specified below, or e-mailed to other Party with a proof that the message transmitted was displayed on the screen of the intended recipient provided however, that in the event that normal mail deliveries are interrupted by weather or labor disturbances, the Parties shall give notice by facsimile, telex or other written form of communication:
(a)In the case of Notice to AT: [Insert e-mail id]
(b)In the case of Notice to User: The e-mail id posted by the User in its account created on the website
or at such other address as the Party to whom such Notice is to be given shall have last notified the Party giving notice. Any Notice delivered by hand to the Party to whom it is addressed shall be deemed to have been given and received on the day of delivery Any Notice given by facsimile, telex, email or other written form of telecommunication shall be deemed to have been received on the day following the date of transmission. Any Notice mailed as aforesaid shall be deemed to have been given and received on the 5th day following the date of its mailing.