Terms and Condition - Labbaikumrahs.com

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Terms And Condition

Thank you for visiting http://www.labbaikumrahs.com (the “Site/ Website”). By accessing or using the Site, or any other media whether automated or otherwise, you, a registered user or guest user in terms of the eligibility criteria herein you agree to be bound by these Terms of Service and any additional terms and conditions as may be communicated to you at any time in future.

 

This web site http://www.labbaikumrahs.com (the “Site”) including the mobile site published and maintained by Labbaik Umrah Private Limited (“Company”), a company incorporated and existing in accordance with the laws of the Republic of India (together with its subsidiaries and other affiliates, “us”, “We”, “our” or “Company”). By accessing or using the Site or by using the Service on the Site you agree to be bound by these terms and conditions set forth below including any additional guidelines and future modifications. When you access any sub-site, webpage, hyperlink (whether belonging to an ‘associate’ of the Company or otherwise) through this site, then such sub-site may have its own terms and conditions of use which is specific to such sub-site, webpage, hyperlink. The sub-sites, webpage, hyperlink may contain such additional terms and conditions of use as may be set out in such sub-sites, webpage, hyperlink.

 

By impliedly or expressly accepting these Terms, you also accept and agree to be bound by Umrah Policies (including but not limited to Privacy Policy available at [· insert web link for the Privacy Policy] as amended from time to time. If you do not want to be bound by the Terms, you must not subscribe to or use our services. We encourage our users to read these Terms carefully while using the Website. 

 

The contents set out herein form an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and as amended from time to time. As such, this document does not require any physical or digital signatures and forms a valid and binding agreement between the Website and the User. These Terms are made available to the User pursuant to and in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules, regulations, privacy policy and Terms for access or usage of the Website.

 

The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of the Terms or the right to use the Website by you contained herein or any other section or pages of the Website or any linked sites in any manner whatsoever.

 

The Terms 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 the Terms as a whole.

 

The Company may add to, change or remove any part of these Terms and Conditions of Use at any time, without notice. Any changes to these Terms and Conditions of Use or any terms posted on this Site apply as soon as they are posted. You shall re-visit the “[· Terms & Conditions/ [· insert any other term as mentioned on the website]]” link from time to time to stay abreast of any changes that the “Site” may introduce.

 

This Site may also contains links to other websites, which are not operated by the Website, and the Website has no control over the linked sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the linked sites will be subject to the terms of use and service contained within each such site.

 

These Terms will continue to apply until terminated by either You or the Company in accordance with the terms set out below:

  • The agreement with the Company can be terminated by (i) not accessing the Website; or (ii) closing Your Account, if such option has been made available to You.
  • The above clause shall also apply to any additional Terms applicable to the use of the Site and the Company reserves the right to terminate access to the Site (including any services offered as part thereof); 
  • Notwithstanding the foregoing, these provisions set out in these Terms which by their very nature survive are meant to survive termination, shall survive the termination / expiry of this agreement.
  •  

Your Agreement to these Terms and Conditions for availing Service

 

The Terms and Conditions is a legal contract between you being, an individual customer, user, or beneficiary of this service, and Labbaik Umrah Private Limited (“Company”) having its registered office at Plot No. 7, TDI Centre, District Centre, Near Sarita Vihar, New Delhi – 110025.

 

The Company acts as an “Intermediary” solely to assist customers in gathering travel information, determining the availability of travel-related products and services, making legitimate reservations or otherwise transacting business with travel suppliers, and for facilitating travel requirements. You acknowledge that the Company merely provides intermediary services in order to facilitate services to you. The Company is not the last mile service provider to you and therefore the Company shall not be deemed to be responsible for any lack or deficiency of services provided by any person or entity including airline, hotel, activity provider or similar agency), you shall engage, hire from the content available on the Site.

 

Use of the Website

 

As a condition of your use of this Website, you warrant that:

  • you possess the legal authority to create a binding legal obligation and enter into these Terms of Use.
  • you will use this Website in accordance with the Terms of Use,
  • you will use this Website to make only legitimate reservations for you or for another person for whom you are legally authorized to act,
  • you will inform such other persons about the Terms of Use that apply to the reservations you have made on their behalf, including all rules and restrictions applicable thereto,
  • you will provide your proper and accurate Name (as per Passport or any other office ID), Address, Email ID, Cell Number. You will be solely responsible for the Information provided and in case of any error or mistake in provision of information, the Company will not be liable for the same
  • all information supplied by you on this Website is true, accurate, current and complete,
  • if you have an online account with this Website, you will safeguard your login details – login ID and password and will supervise the same. You will be completely responsible for any use or misuse of your account by you and anyone other person other than you.

 

The Company retains the right in its sole discretion to deny access to anyone to this Website and the services we offer, at any time without notice and for any reason, including, but not limited to, for violation of these Terms of Use.

 

Communication Policy of the Site

 

  • Upon transacting on the Site, you will receive an e-mail from the Company informing the status of your transaction. The e-mail will be sent to e-mail address provided by you and the Company is not responsible towards the receipt of the said e-mail in your inbox. You will have to take due care and caution. You are responsible for entering the proper and accurate contact details including your name (as per Passport), email ID to ensure that we can effectively communicate with you.
  • The customer acknowledges that the SMS (Short Messaging Service) provided by the Company is an additional facility provided for the customer’s convenience. It is not mandatory under the law in force to provide SMS service alerts to the customers. In case you do not receive any SMS for whatsoever reason, the Company is not liable for the same.
  • The Company is not responsible to provide information on any change in flight schedules, cancellation, status of airline/hotel etc.
  • Any grievance regarding the service should be communicated as per the grievance policy laid out herein.

 

Site and its Content

 

This Site is only for your personal use. You shall not copy, license, adapt, distribute, exchange, modify, sell or transmit any content or material from this Site, including but not limited to any text, images, audio, video or links for any business, commercial or public purpose.

 

The Company grants you a non-exclusive, non-transferable, limited right to enter, view, use and transact on this Site. You agree not to interrupt or attempt to interrupt the operation of this Site in any way. Access to certain areas of the Site may only be available to registered members. To become a registered member, you may be required to answer certain questions and provide certain details. Answers to such questions and details is mandatory. You represent and warrant that all information you supply to us, about yourself, and others, is true and accurate.

 

You understand that except for information, products or services clearly indicated as being supplied by the Company, we do not operate, control, or endorse any information, products or services on the Internet in anyway. You also understand that the Company cannot and does not guarantee or warrant that files available for downloading through the Site will be free of viruses, worms or other code that may be damaging. You are responsible for implementing procedures to satisfy your particular requirements and for accuracy of data input and output.

 

The Company may add, change, discontinue, remove or suspend any other Content or services posted on this Site, including features and specifications of products described or depicted on the Site, temporarily or permanently, at any time, without notice and without liability.

 

Ownership

 

All materials on this Site, including but not limited to audio, images, software, text, icons and such like (the “Content”), are protected by copyright under all applicable laws not limiting to intellectual property laws. You cannot use or license the Content, except as specified herein. You agree to follow all instructions on this Site limiting the way you may use the Content.

 

There are a number of proprietary logos, service marks and trademarks found on this Site whether owned/used by the Company or otherwise. By displaying them on this Site, the Company is not granting you any license to utilize those proprietary logos, service marks, or trademarks. Any unauthorized use of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity, civil and criminal statutes.

 

The content and information on this Website (including, but not limited to, price and availability of travel services), as well as the infrastructure used to provide such content and information, is proprietary to us or our suppliers and providers.

 

While you may make limited copies of your travel itinerary (and related documents) for travel or service reservations booked through this Website, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Website.

 

Availability, Rules of Service

 

The products and services displayed on the Site may not be available for purchase in your particular country or locality. The reference to such products and services on the Site does not imply or warrant that these products or services will be available at any time in your particular geographical location. The products and services also are subject to availability, the Company shall not be responsible if at the time of completing the transaction on the Site, the product is not available or is sold out. You should check with customer support (add hyper link) for the availability of specific products and services in your area.

 

All the products and services available on the Website are governed by the rules of service and regulations including the terms of contract of carriage, of the respective service provider. You are requested to refer to, acquaint and abide by those rules of service and regulations of the respective service provider, prior to booking with us.

 

Visa Guidelines

 

Please carry a valid visa for the country you will be visiting or transiting through. Please check with the concerned airline and embassy for concerned Visa requirements. You may visit [· insert link] for a quote in the event you require any assistance in procuring a Visa for your travel. The Visa rules updated on the aforementioned website may be only indictive and are updated on best efforts basis. You may refer to the respective country’s official website to know the complete accurate requirements. The Company shall not be liable for your reliance upon such data.

 

Company Rights

 

If you send any communications or materials to the Company by electronic mail or otherwise, including any comments, data, questions, suggestions or the like, all such communications are, and will be treated by the Company, as non-confidential.

 

You hereby give up any and all claim that any use of such material violates any of your rights including moral rights, privacy rights, proprietary or other property rights, publicity rights, rights to credit for material or ideas, or any other right, including the right to approve the way the Company uses such material.

 

Any material submitted to this Site may be adapted, broadcasted, changed, copied, disclosed, licensed, performed, posted, published, sold, transmitted or used by the Company anywhere in the world, in any medium, forever.

 

Others’ rights

 

If this Site contains bulletin boards, chat rooms, blogs, access to mailing lists or other message or communication facilities, you agree to use the same only to send and receive messages and materials that are proper and related thereto. By way of example and not as a limitation, you agree that when using the Site or any facility available herefrom, you shall not do any of the following:

 

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others
  • Publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful material or information
  • Upload or attach files that contain software or other material protected by intellectual property laws (or by rights of privacy and publicity) unless the User owns or controls the rights thereto or has received all consents thereof as may be required by law
  • Upload or attach files that contain viruses, corrupted files or any other similar software or programs that may damage the operation of another’s computer
  • Delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded
  • Falsify the origin or source of software or other material contained in a file that is uploaded
  • Advertise or offer to sell any goods or services, or conduct or forward surveys, contests or chain letters, or download any file posted by another user of a Forum that the User knows, or reasonably should know, cannot be legally distributed in such manner.
  • use this Website or its contents for any commercial purpose;
  • make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand;
  • access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
  • violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
  • take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
  • deep-link to any portion of this Website (including, without limitation, the purchase path for any travel services) for any purpose without our express written permission; or
  • ‘frame’, ‘mirror’ or otherwise incorporate any part of this Website into any other website without our prior written authorization.

 

  • Not to host, display, upload, modify, publish, transmit, update or share the following:
    • Information belonging to another person for which the user does not have any right.
    • Information that is hateful, grossly harmful including harmful to minors, pedophilic, invasive of another privacy, racially, ethnically objectionable, disparaging, encouraging money laundering or gambling.
    • Information that infringes any Patent, Trademark, Copyright or other Proprietary rights.
    • Information that deceives or misleads the addressee about the origin of such message or communicates any information which is grossly offensive or menacing in nature.
    • Information that threatens the unity, integrity, defense, Security or Sovereignty of India, friendly relation with foreign states or Public order or cause incitement to the commission of any cognizable offence or prevents investigation of any offence or insulting any other nation.
    • Information that impersonates another person.

 

If your booking or account shows signs of fraud, abuse, or suspicious activity, the Company may cancel any travel or service reservations associated with your name, email address, or account, and close any associated the Company accounts. In addition, the Company may verify (i.e. preauthorize) your credit card. If you have conducted any fraudulent activity, the Company reserves the right to take any necessary legal action and you may be liable for monetary losses to the Company, including litigation costs and damages. To contest the cancellation of a booking or freezing or closure of an account, please contact the Company Customer Service.

 

The Company reserves the right to undertake all necessary steps to ensure that the security, safety and integrity of the Company’s systems as well as its client’s interests are and remain, well-protected. Towards this end, the Company may take various steps to verify and confirm the authenticity, enforceability and validity of orders placed by you.

If the Company, in its sole and exclusive discretion, concludes that the said transactions are not or do not reasonably appear to be, authentic, enforceable or valid, then the Company may cancel the said orders at any time up before the scheduled time of departure of the relevant flight or before the expected date of visit to any property booked through the Company.

 

Transmitted Material

 

Internet transmissions are never completely private or secure. You understand that any message or information you send to this Site may be read or intercepted by others unless there is a special notice that a particular message (for example, credit card information) is encrypted (sent in code). Sending a message to the Company does not cause the Company to have any special responsibility to you.

The copyright in the contents of this website belong to the Company. Accordingly the Company reserves all rights. Copying of part or all the contents of this website without permission of the Company is prohibited except to the extent that such copying/printing is necessary for the purposes of availing of the paid services provided.

 

Offers, Contests and interactions

 

This Site may contain contests that require you to send in material or information about yourself or offer prizes. Each offers, contest and interactions has its own rules, which you must read and agree to before you participate.

 

Disclaimer and No Warranties

 

You acknowledge that the Company is an intermediary and is not liable for any 3rd party (suppliers) obligations due to rates, quality, and all other instances, whether to any such subscribers or otherwise. You expressly agree that use of the services and the site is at your sole risk. It is your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the site or on the internet generally. We do not warrant that the service will be uninterrupted or error-free or that defects in the site will be corrected.

The materials on this site are provided and “as available,” “with all faults” basis and without warranties or representations of any kind either expressed or implied. Information, software, products, and services contained on this website, and the inclusion or offering of any products or services on this website does not constitute any endorsement or recommendation of such products or services by the Company, the Company Affiliates and their respective suppliers. The material in this Site could include technical inaccuracies or typographical errors. The Company may make changes or improvements at any time. To the fullest extent permissible pursuant to applicable law, the Company disclaims all warranties of merchantability, relating to the information and description of the hotel , air or any other travel products displayed on this website.

The Company 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 Company 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, insofar as such material is derived from other service providers such as airlines, hotel owners and tour operators.

You acknowledge that this Website is provided only on the basis set out in these terms and conditions. Your uninterrupted access or use of this Website on this basis may be prevented by certain factors outside our reasonable control including, without limitation, the unavailability, inoperability or interruption of the Internet or other telecommunications services or as a result of any maintenance or other service work carried out on this Website. The Company does not accept any responsibility and will not be liable for any loss or damage whatsoever arising out of or in connection with any ability/inability to access or to use the Site.

 

Payment Terms

 

Prices for items are described on our Website and are incorporated into these Terms by reference. All prices for packages are in Indian rupees. Prices for packages and services may change in accordance with the guidelines or other factors depending upon the demand and in accordance to any other terms and conditions as may be applicable. Users further undertake that by initiating a transaction, the User is entering into a legally binding and enforceable contract with the Company to purchase the package or services using such payment facilities as may be permitted by applicable laws and as may be accepted by the Website.

The Website does not charge any registration/membership or browsing fee. However, the Website reserves the absolute right to alter the fee policy from time to time. In the event, the Website alters its services, it may introduce new fees for such altered services. All such fees that the Website may charge will be intimated to the Users and such change shall automatically become effective immediately after they are posted on the Website. All such fees charged by the Website shall be in Indian Rupees. The Users continued use of the Website shall be deemed as an acceptance of the amended terms and conditions.

The Company may enter into agreements with third party payment gateway aggregators and financial institutions authorized by the Reserve Bank of India for collection, refund and remittance and to facilitate payment between Users and Company. The Website shall initiate the remittance of the payments made by the User and the date of completion of transaction shall be after the packages are delivered to the User and such other additional time as may be agreed between Company and any third Party.

While availing any of the payment method/s available on the Website, the Website will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to the User due to:

  1. Lack of authorization for any transaction/s, or
  2. Exceeding the pre-set limit mutually agreed by and between the User and relevant banks of the User, or
  3. Any payment issues arising out of the transaction, or
  4. Illegitimacy of the payment methods (credit/debit card frauds etc.) being used by a User;
  5. Decline of transaction for any other reason(s)

Notwithstanding anything contained herein, the Website reserves the right to conduct additional verification for security or other reasons if it is not satisfied with the creditability of the User.

Use of the payment facilities provided by the Website shall not render the Website liable or responsible for the non-delivery, non-receipt, non-payment, breach of representations and warranties or fraud as regards the packages listed on the Website. The Website shall not be responsible for any damages, interests or claims arising from not processing a transaction.

Every User hereby agrees to provide accurate information, such as credit/debit information for purchasing Products on the Website. Every User further warrants that he/she shall not use payment information or instrument that is not lawfully owned by the User. The Website shall not utilize or share with any third party unless required as per law, regulation or court order or in accordance with the terms of the Privacy Policy. The Website disclaims all liabilities arising out of loss of any information pertaining to the Confidentiality of the credit/debit card details or pre-paid instrument account. In addition to these Terms, the terms and conditions of the bank or other financial institution shall also be applicable to every User. The Website disclaims any liability arising out of declining of payment by such bank or financial institution.

The Website may in its sole discretion impose limits on the number of transaction which an individual holding a financial instrument may use for payment for packages.

Additionally, the Website reserves the right to refuse to process transactions exceeding such limit and transactions by Users that have incurred questionable charges and amounts.

The Website is merely a facilitator for providing the User with payment channels through automated online electronic payments (either itself or through Service Providers), collection and remittance facility for the payment of packages purchased by the User on the Website using the existing authorized banking infrastructure and credit card payment gateway networks (of either the Website or Service Providers).

 

General Provisions

 

Indemnification and Limitation of Liability

 

You agree to indemnify, save, and hold the Company, its affiliates, contractors, employees, officers, directors and agents harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to your use or misuse of the Services or of the Site, any violation by you of this Agreement, or any breach of the representations, warranties, and covenants made by you herein.

In no event will the Company be liable to you for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to (i) this agreement, (ii) the services, the site or any reference site, or (iii) your use or inability to use the services, the site (including any and all materials) or any reference sites. In no event will the Company or any of its contractors, directors, employees, agents, third party partners, licensors or suppliers’ total liability to you for all damages, liabilities, losses, and causes of action arising out of or relating to (i) this Agreement, (ii) the Services, (iii) your use or inability to use the Services or the Site (including any and all Materials) or any Reference Sites, or (iv) any other interactions with the Company, however caused and whether arising in contract, tort including negligence, warranty or otherwise, exceed the amount paid by you, if any, for using the portion of the Services or the Site giving rise to the cause of action or One Thousand Rupees (Rs.1000), whichever is less.

 

Privacy Policy

 

The Company believes in protecting your privacy. Please click here to review our current Privacy Policy, which also governs your use of the Website, to understand our practices: Privacy policy – [· insert the link]

 

Notice

 

The Company may provide you with notices and communications by email, regular mail or postings on the Site or by any other reasonable means. Except as otherwise set forth herein, notice to the Company must be sent by courier or registered mail to and Labbaik Umrah Private Limited having its registered office at Plot No. 7, TDI Centre, District Centre, Near Sarita Vihar, New Delhi – 110025.

 

Waiver

 

The failure of the Company to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by the Company.

 

Arbitration

 

As the acceptance terms of Use constitute a valid and binding agreement, the Company may elect to resolve any dispute, controversy or claim arising out of or relating to this Agreement or Service provided in connection with this Agreement by binding arbitration in accordance with the provisions of the Arbitration & Conciliation Act, 1996. Any such dispute, controversy or claim referred to and decided by a Sole Arbitrator appointed and nominated by the Company and you by agreeing to the terms and conditions herein consent to the Arbitration. The arbitration shall be conducted in Delhi, India and judgment on the arbitration award may be entered in any court having jurisdiction thereof. The language of Arbitration shall be English.

Either you or We may seek any interim or preliminary relief from a court of competent jurisdiction in Delhi, India, necessary to protect the rights or the property of the Company (or its agents, suppliers, and subcontractors), pending the completion of arbitration.

 

Governing Law and Forum for Disputes

 

Except as otherwise agreed by the parties or as described in the Arbitration section above, you agree that any claim or dispute you may have against the Company must be resolved by a court located in Delhi, India. You agree to submit to the personal jurisdiction of the courts located within Delhi, India for the purpose of litigating all such claims or disputes. This Agreement shall be governed by the laws of India, without giving effect to any principles of conflicts of law.

 

Grievance Policy

 

The Company strongly believes in a sincere and transparent approach to its users. You trust and love us and we would never put growth before trust. This policy document aims at minimizing instances of customer complaints, grievances and disappointments via channelized approach, review and redressal.

You can file a grievance / share feedback if you are disappointed with the services rendered by the Company or any other issues. You can give your grievance / feedback through email.

In order to make the Company redressal channels more meaningful and effective, a structured system has been put in place. This system will ensure that the complaints are redressed seamlessly and well within the stipulated timeframe.