User Agreement
PLEASE READ THIS USER AGREEMENT CAREFULLY BEFORE USING THIS SITE
Your use of this site is expressly conditioned on your acceptance of the following terms and conditions. By using this site, you signify your assent to these terms and conditions. If you do not agree with any part of the following terms and conditions, you must not use this site.
OWNERSHIP
This site, and each of its modules, together with the arrangement and compilation of the content found on this site, is the copyrighted property of ARCHER TOURS PRIVATE LTD. and/or various third party providers and distributors. Much of the content found on this site is owned by third party providers and distributors and, specifically, certain data relating to transportation or carriage schedules is the copyrighted work of other information providers. In addition, the trademarks, logos and service marks displayed on this site (collectively, the "Trademarks") are registered and common law Trademarks of ARCHER TOURS PRIVATE LTD. and various third parties. Nothing contained on this site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Trademarks without the written permission of ARCHER TOURS PRIVATE LTD., or such other party that may own the Trademarks.
USE OF SITE
ARCHER TOURS PRIVATE LTD. grants you a limited, non-transferable license to use this site in accordance with the terms and conditions of this User Agreement. You may only use this site to make legitimate reservations or purchases and shall not use this site for any other purposes, including without limitation, to make any speculative, false or fraudulent reservation or any reservation in anticipation of demand. This site and the content provided in this site, including the text, graphics, button icons, audio and video clips, digital downloads, data compilations and software, may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of ARCHER TOURS PRIVATE LTD., and/or its third party providers and distributors, except that you may download, display and print the materials presented on this site for your personal, non-commercial use only. You shall not use or authorize or permit any third party to use on your behalf any "robot," "spider" or other automatic device, or a program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the Web pages, data or content found on this site, in any case without the prior written permission of ARCHER TOURS PRIVATE LTD.. You shall not utilize any software, application, or algorithm, whether integrated in a browser or otherwise, that modifies or adds content to the layout, design, or content of any ARCHER TOURS PRIVATE LTD. webpage. You agree that you will not transmit or otherwise transfer any Web pages, data or content found on this site to any other computer, server, Web site, or other medium for mass distribution or for use in any commercial enterprise. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of this site. You agree that you will not take any action that imposes a burden or load on our infrastructure that ARCHER TOURS PRIVATE LTD. deems in its sole discretion to be unreasonable or disproportionate to the benefits ARCHER TOURS PRIVATE LTD. obtains from your use of the site. Unauthorized use of this site and/or the materials contained on this site may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials, and you must not alter, obscure or obliterate any of such notices. The use of such materials on any other Web site or in any environment of networked computers is prohibited. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. In addition, you are prohibited from posting or transmitting any information which (a) infringes the rights of others or violates their privacy or publicity rights, (b) is protected by copyright, trademark or other proprietary right, unless with the express written permission of the owner of such right, (c) contains a virus, bug or other harmful item, or (d) is used to unlawfully collude against another person in restraint of trade or competition. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any other harm resulting from your use of this site. Notwithstanding the foregoing, if you have been notified by ARCHER TOURS PRIVATE LTD. that you are prohibited from using the site, then you have no license to use the site and any access by you or on your behalf shall be unauthorized and unlawful. ARCHER TOURS PRIVATE LTD. may provide notice under this or any other section of this agreement via an email sent to the email address contained in your user profile or otherwise used to make a booking on this site. ARCHER TOURS PRIVATE LTD. reserves the right to cancel any and all bookings or other transactions you have made on the site after you have been prohibited from using the site, with no liability whatsoever to you. If you have a ARCHER TOURS PRIVATE LTD. account, you agree to safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you.
AGE AND RESPONSIBILITY
If you use this site, you are responsible for maintaining the confidentiality of your account information and your password. You agree to accept responsibility for all activities that occur under your account or password. You represent that you are of sufficient legal age to use this site and to create binding legal obligations for any liability you may incur as a result of the use of this site. You understand that you are financially responsible for all uses of this site by you and those using your login information.
PRIVACY
You have read the ARCHER TOURS PRIVATE LTD. Privacy Policy, the terms of which are incorporated herein, and agree that the terms of such policy are reasonable. You consent to the use of your personal information by ARCHER TOURS PRIVATE LTD. and/or its third party providers and distributors in accordance with the terms of and for the purposes set forth in the ARCHER TOURS PRIVATE LTD. Privacy Policy.
REVIEW OF TRANSMISSIONS; SUBMITTED CONTENT
Archer Tours Private Ltd. shall have the right (but not the obligation) to, from time to time monitor and review any information transmitted or received through this site and reserves the right to censor, edit, remove or prohibit the transmission or receipt of any information that Archer Tours Private Ltd. deems inappropriate or in violation of these terms and conditions. These terms and conditions apply to any journals, recommendations, opinions, news articles, directories, guides, text, photographs, illustrations, graphics, logos, audio clips and images, information, data, photographs, software, messages, ideas, comments, questions, or other materials received by Archer Tours Private Ltd. from you (collectively "Submitted Content"). During monitoring, the Submitted Content may be examined, recorded or copied, and your use of this site constitutes your consent to such monitoring and review. You agree that you are responsible for the Submitted Content, and Archer Tours Private Ltd. disclaims any responsibility and assumes no liability with respect to Submitted Content. By providing Submitted Content, you warrant that: (a) you are the owner of such Submitted Content, or have been granted all the rights necessary from the owner thereof to provide such Submitted Content to Archer Tours Private Ltd. and for the use by Archer Tours Private Ltd. and its affiliates as stated herein, and (b) the use of such Submitted Content by Archer Tours Private Ltd. will not infringe the intellectual property rights of or otherwise violate the rights of any third party. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right or any other harm resulting from your use of the site. You agree that if you provide Submitted Content, you grant Archer Tours Private Ltd. a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicenseable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, display, perform, transfer, or sell such Submitted Content in any form, media or technology for any purpose whatsoever, including, without limitation, a commercial purpose, without any compensation to you. You agree that you will not publish, submit, provide, or display such Submitted Content to or on any other commercial travel-related website or on-line service without Archer Tours Private Ltd.'s prior written consent, which consent may be withheld by Archer Tours Private Ltd. in its discretion. Consent may be requested by sending an e-mail to webmaster@Archer Tours Private Ltd.. You agree that Archer Tours Private Ltd. may choose to provide attribution of Submitted Content provided by you (for example, showing your name and hometown on a travel review that you submit) at our discretion, and that such Submitted Content may be shared with our supplier partners, affiliates, customers and other third parties.
EXCLUSION OF WARRANTY
ARCHER TOURS PRIVATE LTD. AND ANY THIRD PARTY PROVIDERS AND DISTRIBUTORS MAKE NO WARRANTY OF ANY KIND REGARDING THIS SITE AND/OR ANY MATERIALS PROVIDED ON THIS SITE, ALL OF WHICH ARE PROVIDED ON AN "AS IS" BASIS. ARCHER TOURS PRIVATE LTD. AND ANY THIRD PARTY PROVIDERS AND DISTRIBUTORS DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS SITE AND SUCH PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. NEITHER ARCHER TOURS PRIVATE LTD. NOR ANY THIRD PARTY PROVIDERS OR DISTRIBUTORS WARRANT THAT THIS SITE, ITS SERVERS OR ANY E-MAIL SENT FROM ARCHER TOURS PRIVATE LTD. ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC RIGHTS WHICH VARY FROM STATE TO STATE.
LIMITATION OF LIABILITY
ARCHER TOURS PRIVATE LTD. ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THIS SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SITE. IN NO EVENT SHALL ARCHER TOURS PRIVATE LTD. OR ANY THIRD PARTY PROVIDERS OR DISTRIBUTORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (I) ANY USE OF THIS SITE OR CONTENT FOUND HEREIN, (II) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS SITE FOR RESERVATIONS OR TICKETING), OR (III) THE PERFORMANCE OR NON PERFORMANCE BY ARCHER TOURS PRIVATE LTD. OR ANY THIRD PARTY PROVIDERS OR DISTRIBUTORS, INCLUDING, BUT NOT LIMITED TO, NON PERFORMANCE RESULTING FROM BANKRUPTCY, REORGANIZATION, INSOLVENCY, DISSOLUTION OR LIQUIDATION EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY. THE CARRIERS, HOTELS AND OTHER SUPPLIERS PROVIDING TRAVEL OR OTHER SERVICES ON THIS SITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF ARCHER TOURS PRIVATE LTD. ARCHER TOURS PRIVATE LTD. IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. ARCHER TOURS PRIVATE LTD. SHALL HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND ITS DIRECT CONTROL, AND SHALL HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY. BY OFFERING FOR SALE TRAVEL TO PARTICULAR INTERNATIONAL DESTINATIONS, ARCHER TOURS PRIVATE LTD. DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS. IN ADDITION, ARCHER TOURS PRIVATE LTD. EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY PRICING ERRORS (INCLUDING, WITHOUT LIMITATION, TYPOGRAPHICAL OR DISPLAY ERRORS, INCORRECT SUPPLIER INFORMATION, AND CURRENCY CONVERSION MISCALCULATIONS) ON OUR WEBSITE AND/OR ON PENDING RESERVATIONS MADE UNDER AN INCORRECT PRICE. THIS RIGHT APPLIES WHETHER OR NOT THE ORDER HAS BEEN CONFIRMED AND/OR YOUR CREDIT CARD CHARGED. If, notwithstanding the foregoing, Archer Tours Private Ltd. or any third party provider or distributor should be found liable for any loss or damage which arises out of or is in any way connected with any of the above described functions or uses of this site or its content, the liability of Archer Tours Private Ltd. and the third party providers and distributors shall in no event exceed, in the aggregate, the greater of (a) the subscription fee and service charge for accessing this site, or (b) INR 10,000.00. In its sole discretion, in addition to any other rights or remedies available to Archer Tours Private Ltd. and without any liability whatsoever, Archer Tours Private Ltd. at any time and without notice may terminate or restrict your access to any component of this site. Some states do not allow limitation of liability, so the foregoing limitation may not apply to you.
INDEMNIFICATION
You shall defend and indemnify Archer Tours Private Ltd. and any third party providers and distributors and their officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, brought by or on your behalf in excess of the liability described herein or by third parties as a result of your use of this site (including without limitation any violation by you of this User Agreement).
LINKS
This site contains links to other Web sites which are provided solely as a convenience to you and not as an endorsement by Archer Tours Private Ltd., its third party providers or distributors of the contents of such other Web sites. None of Archer Tours Private Ltd. or any third party provider or distributor shall be responsible for the content of any other Web sites and make no representation or warranty regarding any other Web sites or the contents or materials on such Web sites. If you decide to access other Web sites, you do so at your own risk.
REVIEWS & LISTINGS
Listings of travel services and facilities in our Reviews areas are available for general information only and since they are often created by third party information, cannot always be deemed accurate. It is the user's responsibility to confirm any items of importance to one's self. Please directly contact those services and facilities for the latest and most accurate information. We also appreciate users updating that information whenever inaccuracies are found. Reviews are ths opinion of their respective author and are not the opinion of ARCHER TOURS PRIVATE LTD.. We reserve the right to remove any reviews whatsoever that may reflect poorly on ARCHER TOURS PRIVATE LTD..
ALL INFORMATION
All information at ARCHER TOURS PRIVATE LTD. is subject to change without notice. ARCHER TOURS PRIVATE LTD. cannot, and does not, guarantee the accuracy of the information furnished and will not be responsible for omissions or errors. Please confirm directly with any vendor any information which is of importance to you. ARCHER TOURS PRIVATE LTD. retains the right to accept, edit, or reject any listings.
RELATIONSHIP
The relationship between Archer Tours Private Ltd. and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other.
GOVERNING LAW.
This Agreement and its performance shall be governed by the laws of the state of Maharashtra, Mumbai, India without regard to its conflict of laws provisions. You consent and submit to the exclusive jurisdiction of the state and federal courts located in Mumbai, the state of Maharashtra, India, in all questions and controversies arising out of your use of this site and this Agreement. To the extent allowed by applicable law, any claim or cause of action arising from or relating to your access or use of this site must be brought within one (1) years from the date on which such claim or action arose or accrued.
ATTORNEY'S FEES
If Archer Tours Private Ltd. or its affiliates take any action to enforce this User Agreement and these terms and conditions, such parties will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorney's fees and any cost of litigation, in addition to any other relief, at law or in equity, to which such parties may be entitled.
INJUNCTIVE RELIEF
You acknowledge that a violation or attempted violation of any of this User Agreement and these terms and conditions will cause such damage to Archer Tours Private Ltd. as will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that Archer Tours Private Ltd. shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these terms and conditions by you, or your affiliates, partners, or agents, as well as recover from you any and all costs and expenses sustained or incurred by Archer Tours Private Ltd. in obtaining such an injunction, including, without limitation, reasonable attorney's fees. You agree that no bond or other security shall be required in connection with such injunction.
TERMINATION
Archer Tours Private Ltd. may terminate this User Agreement and these terms and conditions and/or the provision of any of the services at any time for any reason, including any improper use of this site or your failure to comply with these terms and conditions. Such termination shall not affect any right to relief to which Archer Tours Private Ltd. and its third party providers and distributors may be entitled, at law or in equity. Upon termination of this User Agreement and these terms and conditions, all rights granted to you will terminate and revert to Archer Tours Private Ltd. and its third party providers or distributors, as applicable.
ASSIGNMENT
You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.
MODIFICATION
Archer Tours Private Ltd. may at any time modify these terms and conditions and your continued use of this site will be conditioned upon the terms and conditions in force at the time of your use.
ADDITIONAL TERMS
Additional terms and conditions may apply to reservations, purchases of goods and services and other uses of portions of this site, and you agree to abide by such other terms and conditions. You acknowledge that some third-party providers offering certain services and/or activities may require you to sign their liability waiver prior to participating in the service and/or activity they offer. You understand that if you violate any such supplier's rules and restrictions, it may result in cancellation of your reservation(s), in your being denied access to the applicable travel product or services, and in your forfeiting any monies paid for such reservation(s). Archer Tours Private Ltd. may debit your account or charge you for any costs we incur as a result of such violation.
SEVERABILITY
These terms and conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
HEADINGS
The headings used in this User Agreement are included for convenience only and will not limit or otherwise affect the terms and conditions herein.
ENTIRE AGREEMENT
This User Agreement, together with any terms and conditions incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this site.
PRIVACY POLICY
ARCHER TOURS PRIVATE LTD. does not collect personally identifiable information about individuals except when such individuals specifically provide such information on a voluntary basis. Users may create public user profiles by their own choice. Except as required by law, ARCHER TOURS PRIVATE LTD. will not give out personal user data to third parties. However, ARCHER TOURS PRIVATE LTD. reserves the right to contact members of our database for verification purposes.
ARCHER TOURS PRIVATE LTD. reserves the right to perform statistical analyses of user behavior and characteristics in order to measure interest in and use of the various areas of the site and to inform advertisers of such information as well as the number of users that have been exposed to or clicked on their advertising banners. ARCHER TOURS PRIVATE LTD. will provide only aggregated data from these analyses to third parties.
Also, users should be aware that ARCHER TOURS PRIVATE LTD. may sometimes permit third parties to offer subscription and/or registration-based services through a ARCHER TOURS PRIVATE LTD. site. ARCHER TOURS PRIVATE LTD. is not responsible for any actions or policies of such third parties and users should check the applicable privacy policy of such party when providing personally identifiable information.
Additionally, users should be aware that when they voluntarily disclose personally identifiable information (e.g., user name, e-mail address) on the bulletin boards or in the chat areas of the ARCHER TOURS PRIVATE LTD. sites, that information, along with any substantive information disclosed in the user's communication, can be collected and correlated and used by third parties and may result in unsolicited messages from other posters or third parties. Such activities are beyond the control of ARCHER TOURS PRIVATE LTD..
Users also should be aware that non-personal information and data may be automatically collected through the standard operation of ARCHER TOURS PRIVATE LTD.'s internet servers or through the use of "cookies." "Cookies" are small text files a web site can use to recognize repeat users, facilitate the user's ongoing access to and use of the site and allow a site to track usage behavior and compile aggregate data that will allow content improvements and targeted advertising. Cookies are not programs that come onto a user's system and damage files. Generally, cookies work by assigning a unique number to the user that has no meaning outside the assigning site. Users should be aware that ARCHER TOURS PRIVATE LTD. cannot control the use of cookies or the resulting information by advertisers or third parties hosting data for ARCHER TOURS PRIVATE LTD. If a user does not want information collected through the use of cookies, there is a simple procedure in most browsers that allows the user to deny or accept the cookie feature. However, users should note that cookies may be necessary to provide the user with certain features (e.g., customized delivery of information) available on the ARCHER TOURS PRIVATE LTD. site.
ARCHER TOURS PRIVATE LTD. currently does not have any mailing lists. Upon request, ARCHER TOURS PRIVATE LTD. will allow any user to "opt out" of future promotional contacts at any time. Additionally upon request, ARCHER TOURS PRIVATE LTD. will use reasonable efforts to allow users to update/correct personal information previously submitted which the user states is erroneous to the extent such activities will not compromise privacy or security interests. The foregoing policies are effective as of 01 March, 2013. ARCHER TOURS PRIVATE LTD. reserves the right to change this policy at any time by notifying users of the existence of a new privacy statement. This statement and the policies outlined herein are not intended to and do not create any contractual or other legal rights in or on behalf of any party.