This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
"We", "us", "our", “the Abhibus shall refer to ABHIBUS SERVICES (INDIA) PRIVATE LIMITED (owner of Abhibus Portal), its employees, authorized agents and its independent contractors and the entities that carry or undertake to carry the consignment hereunder or perform any other services incidental thereto on its behalf;
"the Website, wapsite or the App" means ABHIBUS ("we", "us", "Abhibus") a web-based Website, wapsite or the Application and/or associated mobile Applications, and includes all technologies and intellectual property associated to the same;
“You” or "User" shall mean any natural or legal person who has agreed to avail the services provided by the App;
“Service Provider” means users who are listing their services, products, inventory etc.; on the Website, wapsite or the App.
The Website, (www.abhibus.com) and App (Abhibus Online Bus Tickets) and its content is owned and operated by Abhibus Services (India) Private Limited, a company incorporated under the provisions of the Companies Act, 1956 having its registered office at Hyderabad, hereinafter referred to We, Us or Abhibus.
In the event there is a conflict between the terms and conditions specified herein and the provisions of any other document executed between the parties hereto, the terms and conditions specified herein would prevail.
SCOPE OF SERVICE:
Abhibus.Com/hotels (“website/Abhibus”) provides a platform to Service providers (hotel owner) to list their inventory on the website and allows You (“Customer/You”) to select and reserve hotel rooms, based on your preferences. Abhibus acts as an intermediary between the service provider and the customers for reservation of rooms at hotels. A reservation made through the website, wapsite or app is therefore a bipartite contract between the Customer and the Service Provider. Therefore, the contractual terms and conditions of the Service Provider shall be applicable once a reservation has been made through the website, wapsite or app. Abhibus only undertakes to share the relevant details of the Customer to the Service Provider and a confirmation email on the Service Provider’s behalf to the Customer.
Abhibus display on their platform, all the information, related to a particular Service Provider, such as the tariff, availability, facilities & amenities, representative images (if any), etc., of a particular hotel, and updating the same. The website, wapsite or app cannot be held liable for any discrepancy in the said information which is not provided by service provider and not in the knowledge of Abhibus. Abhibus does not guarantee the accuracy, completeness, correctness, suitability etc., of such information to the Customer and cannot be held responsible in case the information is erroneous, inaccurate, untrue, incomplete, or misleading in nature.
The listing of a hotel on the website does not constitute and should not be regarded as a recommendation and/or an endorsement of the quality, service level, qualification or rating of any Hotels made available, to the Customer. Hotels(s) may be available on other websites at tariff lower than those displayed on the website, for any specific period which are subject to specific terms and conditions with respect to refunds, cancellations, etc. provided by service provider, Customers are advised to check the Hotels and tariff details, Hotels policy, booking and cancellation policy, thoroughly before making a reservation of Hotels.
This agreement applies to user(s) if user(s) are visitors, registered - free or paid user(s) who access the website, wapsite or App for any purpose. It also applies to any legal entity which may be represented by You under actual or apparent authority. User(s) may use this a website, wapsite or pp solely for their own personal or internal purposes.
This agreement applies to all the Services offered on the Website, wapsite or the App, collectively with any additional terms and condition that may be applicable to the specific service used/accessed by user(s).In the event of a conflict or inconsistency between any provision of the terms and conditions mentioned herein with those of the particular service, the provisions of the terms and conditions applicable to such specific Services shall prevail.
b) You may be able to log into the Website, wapsite or the App by linking a social media account such as Facebook or Google or any other website. You confirm that you are the owner of any social media account and that You are entitled to disclose your social media account information to us. Further, You give us permission to collect your authentication information, and other information that may be available on or through your social media account consistent with your applicable settings and instructions,
c) You are solely responsible for all activities that occur in your account. You agree to notify us immediately of any unauthorized use of your account in order to enable us to take necessary corrective action. You also agree that you will not allow any third party to use your account for the purpose of transacting in your name on our Website, wapsite or the App.
This Agreement shall continue to be in full force and effect as long as You access and use the website, wapsite or App.
Either You or We may terminate the agreement at any time, with or without cause. However, We reserve the right, in our sole discretion, to terminate your access to the products and services offered on the website, wapsite or App or any portion thereof at any time, without notice.
You may also be contacted by Service Providers with whom We have entered into a contract in furtherance of our rights, duties and obligations under this document and all other policies followed by us. Such contact will be made only in pursuance of such objectives, and no other calls will be made.
The quality of Service is entirely the responsibility of the Service Provider who provides such service to You.
Abhibus requests background information of its professionals, but Abhibus does not and cannot guarantee the accuracy or completeness of any such information-gathering or that a particular professional is adequately qualified to perform any given service.
We or our affiliates responsible for making the software available, may design the Website, wapsite or the App in such a manner as to automatically check for updates. Unless your device or any settings do not permit automatic transmission, upgrades or updates, You agree that we, or the applicable software affiliate, may provide notice to You of the availability of such upgrades or updates and automatically push such upgrade or update to your device from time-to-time. You may be required to install certain upgrades or updates to the software in order to continue to access or use the Services, or portions thereof (including upgrades or updates designed to correct issues with the Services). Any updates or upgrades provided to You by us under the Terms shall be considered part of the Services.
Transactions on the Website, wapsite or the App are secure and protected. Any information You enter when transacting with the Website, wapsite or the App is encrypted to protect You against unintentional disclosure to third parties. This is an assurance that the best security practices adopted by major online vendors where all payments are processed in real-time for your security and immediate peace of mind. Credit card and Debit card information is not stored by us and is not taken by us. This information is taken directly by the payment gateway provided who is authorized and is compliant with the regulations and requirements of various banks and institutions and payment franchisees that it is associated with.
The Customer shall ensure that he/she will not indulge in any of the following activities while availing the service:
You warrant, undertake and guarantee to us:
a) You are bound not to Cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or software obtained from the Website, wapsite or the App. With our prior permission limited use may be allowed. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website, wapsite or the App is not permitted.
b) You agree not to access (or attempt to access) the Website, wapsite or the App and/or the materials or Services by any means other than through the interface that is provided by the Website, wapsite or the App. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website, wapsite or the App or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, wapsite or the App, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website, wapsite or the App. You acknowledge and agree that by accessing or using the Website, wapsite or the App or Services, You may be exposed to content from other users that You may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising in relation to such offensive content on the Website, wapsite or the App. Further, You may report such offensive content to us.
c) In places where this Website, wapsite or the App allows you to post or upload data/information, You undertake to ensure that such material is not offensive and in accordance with applicable laws.
d) You shall not impersonate any other party, create or use an account for anyone other than yourself, provide an email address other than your own or create multiple accounts except as otherwise authorized by us, or provide or use false information that you are not legally entitled to claim.
e) Further, You undertake not to:
Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
Engage in any activity that interferes with or disrupts access to the Website, wapsite or the App or the Services (or the servers and networks which are connected to the Website, wapsite or the App);
Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
Publish, post, disseminate, any information which 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; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
Post any file that infringes the copyright, patent or trademark of other legal entities.
Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website, wapsite or the App or another's computer;
Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;
Probe, scan or test the vulnerability of the Website, wapsite or the App or any network connected to the Website, wapsite or the App, nor breach the security or authentication measures on the Website, wapsite or the App or any network connected to the Website, wapsite or the App. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to the Website, wapsite or the App, or any other Customer of the Website, wapsite or the App, including any Website, wapsite or the App Account not owned by You, to its source, or exploit the Website, wapsite or the App or Service or information made available or offered by or through the Website, wapsite or the App, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website, wapsite or the App;
Disrupt or interfere with the security of, or otherwise cause harm to the Website, wapsite or the App, systems resources, accounts, passwords, servers or networks connected to or accessible through the Website, wapsite or the App or any affiliated or linked Website, wapsite or the Apps;
Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section.
Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
Violate any applicable laws or regulations for the time being in force within or outside India;
Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
Publish, post, disseminate information that is false, inaccurate or misleading; violate any applicable laws or regulations for the time being in force in or outside India;
Directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
Create liability for Us or cause us to lose (in whole or in part) the services of our internet service provider ("ISPs") or other suppliers;
We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as we, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury. In order to protect Our Users from such advertising or solicitation, We reserve the right to restrict the number of messages or emails which a user may send to other Users in any 24-hour period which We deems appropriate in its sole discretion. You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website, wapsite or the App) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena.
Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE, WAPSITE OR THE APP AND IN YOUR PRIVATE MESSAGES. In no event shall We assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Website, wapsite or the App. You hereby represent and warrant that You have all necessary rights in and to all Content Which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortuous, or otherwise unlawful information.
At any time during the duration of the Agreement, it is expressly agreed that you shall not directly or indirectly initiate, solicit, negotiate, contract or enter into any business transactions, agreements or undertakings with any Service Provider on the Website, wapsite or the App. You shall also undertake note to seek to by-pass, compete, avoid or circumvent the Website, wapsite or the App by utilizing any information or by otherwise exploiting or deriving any benefit from the said information.
SUSPENSION OF USER ACCESS AND ACTIVITY
Notwithstanding other legal remedies that may be available to us, we may in our sole discretion limit user access and/or activity by immediately removing user listing either temporarily or indefinitely or suspend or terminate user membership, and/or refuse to provide user with access to the Website, wapsite or the App.
If the User is in breach any of the terms and conditions of this Agreement;
If the User has provided wrong, inaccurate, incomplete or incorrect information;
If your actions may cause any harm, damage or loss to the other users or to us.
INDEMNITY AND LIMITATIONS
You agree to defend, indemnify and hold harmless the Website, wapsite or the App and the Abhibus, its employees, directors, officers, agents and their successors and assigns and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon the use of User's actions or inactions, including but not limited to any warranties, representations or undertakings or in relation to the non-fulfillment of any of its obligations under this Agreement or arising out of the User's infringement of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this Agreement.
In no event shall we be liable to you, or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not we have been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with your use of or access to the Website, wapsite or the App, services or materials.
The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.
The primary guest must be atleast 18 years of age, to be able to check-in to a hotel.
It is mandatory for guest to furnish valid photo identification at the time of check-in. According to government regulations, government issued photo identification have to be carried by every person above the age of 18 staying at a hotel. The identification proof includes driving license, voter identification card, passport, or such other documents as the Service Provider may think deem fit a valid identification. Customer requires carrying original of identification proof and presenting as and when requested. PAN card will not be accepted as a valid identification proof.
Admission and other charges for child up to 5 years of age will be govern as per policy of Service Provider.
Admission of Pets and other Animals are subject to policy of Service Provider.
Check-ins and check-outs are subject to Service Providers’ policy and terms. Customers are advised to acquaint themselves with the relevant policies before making a reservation. In case a customer is denied check-in or any of his action deemed inappropriate by the hotel, or if any inappropriate behavior is brought to the attention of the hotel, the hotel reserves the right, after the allegations have been investigated; to take action against the guest the website will not be responsible and/or liable for the same.
Early check-in or late check-out is subject to availability of Hotels and the Service Provider may charge you additional tariff, subject to availability and upon Service Provider’s sole discretion. The check-in and check-out timings may change depending on seasonality and the respective Service Provider’s policies.
Service Provider reserves the right of admission onto their premises. Check-ins may be denied to unmarried/unrelated couples, based on the Service Provider’s policies. Customer and his/her guests posing as a couple may be denied check-in in the absence of adequate proof of identification, of their marriage. Hotels may deny check-in to guests providing ID proof of the same city as the hotel itself. Some hotels may deny entry of visitors to rooms. Please confirm with the hotel before inviting visitors into the rooms. Abhibus will be not being responsible for denial of check-in in such instances. Therefore, Customer agrees no refund can be claimed from the website, in such circumstance(s).
The reservation for stay at an Hotels may not include additional services such as laundry, telephone facilities, meals that are not included in a particular reservation, room service etc., unless expressly stated in the respective Service Provider’s policies. The Service Providers will charge the Customer for availing such additional facilities, at the time of check-out.
Additional charges may charge by Service Provider during mandatory meal surcharge during festive periods such as Christmas New Year's Eve or other festivals as per the policies of such Service Provider.
Mandatory government charges and taxes is applicable on renting of temporary Hotels. Therefore, the Service Provider may charge the same from the Customer, in addition to the tariff displayed on the website.
Guests shall be liable for any damage, except normal wear and tear to Hotel asset. Guest shall keep the Hotel room in a good condition and maintain hygiene and cleanliness.
Hotels in hill stations may not have air conditioning due to weather conditions of the location.
Hotels in remote locations may not have Wi-Fi connectivity due to unavailability of network in those regions.
SPECIAL OFFERS, DISCOUNTS ETC:
Abhibus may provide, from time to time, at its sole discretion, special discount offers (“Offers”) on Hotels reservation to its Customers, that are applicable for duration of time as provided in such Offers. Abhibus reserves rights with regards the Offers to discontinue and/or extend any Offers, without assigning any reasons whatsoever, and without prior notice to the Customer and change/ amend/ add/ delete/ modify terms and conditions of any such Offers without assigning any reasons whatsoever, without prior notice to the Customer.
Abhibus will not be personally notified to Customer of any such change/ amendment / addition /deletion/ modification to the Offer. Customer is advised to check for any such change.
The Offers will be applicable only on bookings made through our website, wapsite or Mobile App.
The offer and discount coupon may vary from hotels to hotels or city to city, Customers are advised to check before applying and booking.
Offers are applicable only on the base fare of the tariff and One Offer cannot be combined with any other Offer(s) and unless stated otherwise.
Offer are subject to terms and conditions of the Abhibus policy and Abhibus reserves the right, without prior notice to the Customer, to cancel reservations, which are not made in compliance with this condition. The terms and conditions may include restrictions regarding cancellation and refund. Availing of an Offer is at the discretion of the Customer.
All taxes, duties, levies and/or charges payable in connection with the benefits accruing under such special offers (if any), shall be borne solely by the Customer, and abhibus shall not be liable in any manner whatsoever for payment of any such taxes, duties, levies and/or charges.
Once a reservation is made, the Customer agrees to the terms and conditions of the Service Provider, including those related to cancellation and refunds. The Service Provider may have its own cancellation policy.
The general cancellation and no-show policy of each the respective Service Provider is made available on the website on the Hotels information page, and displayed during the time when the Customer makes the reservation and may also be sent to the Customer, in the email confirming the reservation.
For cancellation of reservation(s) made after availing any Offer mentioned in heading of these Terms, the cancellation charges are calculated on total price before the application of Offer. For such reservations, an additional cancellation charge, which will be deducted from the refund amount, after making all the deductions in accordance with the Service Provider’s cancellation policy.
For cancellation of a reservation, the Customer shall make a verbal and/or a written request to our Customer care representatives or make such cancellation through the website or the Abhibus mobile application. Only those cancellation requests that are communicated through phone or via email to our Customer support team, or through our website or mobile application, shall be entertained. Abhibus shall not be liable to entertain any cancellation requests made directly to the Service Provider without intimating Abhibus in writing or over the phone call.
REFUNDS & MODIFICATIONS TO RESERVATIONS:
Abhibus does not facilitate any changes and/or modifications to reservations once they are confirmed.
All the refunds shall be made by the Service Provider directly to the Customer and Abhibus is not responsible and/or liable to facilitate any refunds.
Customer’s bank may debit convenience or such other charges, as the bank may deem appropriate, from refunds you may be entitled to, pursuant to cancellation of the reservation.
CONTENT OF SERVICE PROVIDER:
An authorized agent of the Service Provider may provide information about a listed Hotels, and/or upload images of the Hotels listed on the website (“Content”), and display such images on the website. Customers may view such images before making a reservation.
Users should keep in mind the following things while viewing the Content:
Hotels reviews, reports, images, videos, and any related Content which may be displayed on the website originate from third parties and represent the opinion of the respective third party, and Abhibus does not endorse, or validate or confirm the authenticity of such Content, and uses such Content at his/her own sole risk.
Customer accepts and agrees that there could be a lapse of time between the posting, transmission, or uploading of such Content and when the Customer would have viewed such Content, that the Content could be outdated.
CUSTOMER RATINGS AND REVIEWS:
Users of this website may post reviews, comments and other content; send communications; and submit suggestions, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." In the event a Customer uses a false e-mail address, impersonates any person or entity, or otherwise misleads as to the origin of any content, Abhibus is entitled to delete such details, and take necessary steps.
Abhibus reserves the right (but not the obligation) to remove, refuse, delete or edit any content that in the sole judgment of Abhibus violates these Terms and Conditions, and/or terminate the Customer’s permission to access or use this website.
If you do post content or submit material, and unless we indicate otherwise, you:
grant Abhibus and its affiliates a non-exclusive, royalty-free, irrevocable, perpetual and fully sub-licensable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and
Abhibus and its affiliates and sub-licensees the right to use the name that you submit in connection with such content, if they choose.
View Abhibus Prime Terms and Conditions
All information, content and material contained in the Website, the App and / or Services including but not limited to trademarks, copyrights, patents and designs and all other forms of proprietary and non-proprietary information provided by you or Abhibus in facilitating the services is the sole intellectual property of Abhibus. All trademarks, services marks, trade names, and trade dress are proprietary to Abhibus. No information, content or material from the Website, wapsite or the App and / or Services may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without Abhibus express written permission. You also provide a royalty-free, perpetual, irrevocable, nonexclusive right and license for Abhibus to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works from, display worldwide, or act on such content without additional approval or consideration in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you waive any claim to the contrary over all feedback, comments, ideas or suggestions or any other content provided by you to Abhibus by way of this Website, wapsite or App.
You may not use any of our intellectual property in any manner that is likely to cause confusion among Customers, or in any manner that disparages or discredits us in any way.
You further acknowledge that the App or Services may contain information which is designated as confidential by us and that you shall not disclose such information without our prior written consent.
We do not warrant or represent that your use of any content or materials displayed on the App will not infringe rights of third parties not affiliated with us. You agree to immediately notify us upon becoming aware of any claim that any content on the App or any Services infringe upon any intellectual property of any party including but not limited to copyright, trademark, or other contractual, statutory, or common law rights.
The logos of various service providers are the intellectual properties of the respective service providers & we do not claim them to be ours. We respect their intellectual property rights. In case you feel that your work has been copied in a way that constitutes copyright infringement you can write to us at firstname.lastname@example.org
REPRESENTATIONS AND WARRANTIES:
You represent and warrant that you own or otherwise control all of the rights to the content that you post or that you otherwise provide on or through the website; that, as at the date that the content or material is submitted to Abhibus: (i) the content and material is accurate; (ii) use of the content and material you supply does not breach any applicable Abhibus’ policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory); (iii) the content is lawful. You agree to indemnify Abhibus and its affiliates for all claims brought by a third party against it or its affiliates arising out of or in connection with a breach of any of these warranties.
REFERENCE OF STAR RATINGS:
The Hotels star ratings are provided for your information only. The star ratings are based on information we have received from our Service providers, including the Hotels. We do not independently verify star ratings. A star rating is only indicative of the level of comfort you can expect to find in particular Hotels, with a higher star rating generally being indicative of a higher level of comfort and amenities. Please be aware that star ratings can vary greatly on the basis of location, available alternatives, local market conditions, practices or other circumstances. Thus, it is possible that a star rating in one particular state or city is not comparable to the same star rating in another country or city due to such circumstances. Star ratings do not necessarily reflect all the amenities or services that might be available at an Hotels, and some amenities and features may not be available in every room or at every property with a particular star rating. If there are particular amenities or features that are important to you, please contact our Customer service and inquire as to the availability of such amenities or features.
DISLAIMER OF WARRANTIES AND LIABILITIES
a) Except as otherwise expressly stated with respect to our products, all contents of the app are offered on an "as is" basis without any warranty whatsoever either express or implied.
b) All the content on this App is for informational purposes only.
c) We make no representations, express or implied, including without limitation implied warranties of merchantability and fitness for a particular purpose.
d) Abhibus is merely a promotional platform and is in no way responsible and liable for quality of services offered by merchants on its platforms, including the services promoted through the deals and offers.
e) Abhibus offers are promotional offers and shall be subject to the standard terms and conditions and specific terms and conditions. Abhibus offers are issued on behalf of the Institutions and only such Institutions shall be responsible for, damages, charges, expenses, claims, liabilities and costs suffered by or in respect of a Customer, caused in whole or in part by the Institutions or which arises out of the goods and/or services provided.
f) The App and the Abhibus or the Institution is not responsible for lost or stolen Vouchers or the reference number mentioned on it. Vouchers cannot be combined with any other gift vouchers, third party vouchers, or promotions, unless otherwise specified by the Institution
g) The App and the Abhibus or any of its agents, servants or assigns shall not be liable for any direct or indirect, willful or otherwise, act or omission that can be attributed to the services of Participating Merchants. The App and the Abhibus Or any of its agent, servant or assigns have no liability whatsoever in case any third party claims, demands, suit, actions, or other proceedings are initiated against the Participating Merchants or any of its personnel or any other person engaged by the participating medical professionals in the course of the performance of his services. The App and the Abhibus or any of its employees, agent or assignees shall not be held responsible for any negligence, deficiency of service or damage caused by the respective Participating No corporate entity recommends or endorses the App platform/portal and/or the offers available on the said platform.
h) You agree and undertake that you are accessing the App and transacting at Your sole risk and are that You are using your best and prudent judgment before accessing or using any information on the App.
i) The App and the Abhibus accept no liability for any errors or omissions, whether on behalf of itself or third parties.
j) You agree that institutions will have their own applicable terms and conditions, in relation to their own supply of their goods and services, and also agree to, and shall abide by those terms and conditions. The responsibility to do so is yours alone.
k) We do not guarantee the functions contained in the App will be uninterrupted or error-free, that this app or its server will be free of viruses or other harmful components, or defects will be corrected even if we are aware of them.
l) There may be some information or pictures about the products used by the Service Providers displayed on the App. We do not make any warranties that such information is accurate and we do not endorse such products or make any warranties, express or implied with regard to their suitability, quality or performance.
m) Any pictures of these products or any trademarks, copyright, design or other intellectual property that may be displayed on the App is purely for the purpose of providing information to our users. We do not claim to manufacture, sell or make available any of the products displayed.
n) Unless stated otherwise, all content, including any pictures displayed on the App are believed to be in the public domain as either promotional materials, publicity photos or press media stock. Please email a request to remove any content by sending an email to email@example.com, if you feel that your copyright or other intellectual property right has been infringed upon.
CONTENT AND SUBMISSIONS
a) We welcome your suggestions and comments regarding your experience using our App. Any comments, ideas, suggestions, initiation, or any other content you contribute to the Abhibus or this App (including the name you submit with any content) will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for the Abhibus to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, display worldwide, or act on such content, without additional approval or consideration, in any , media, or technology now known or later developed for the full term of any rights that may exist in such content, and you waive any claim to the contrary.
b) You represent and warrant that you own or otherwise control all of the rights to the content that you contribute to this App and that use of your content by the Abhibus will not infringe upon or violate the rights of any third party.
c) You further represent that your Content is truthful and accurate; and Your Content does not violate the Terms or any applicable laws. If Your Content is a review, you represent and warrant that you are the sole author of that review; the review reflects a real that you had and you had no financial, competitive, or other personal incentive to author or post a review that was not a fair expression of your honest opinion.
d) You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. While we reserve the right to remove content, we do not control actions or content posted by our users and do not guarantee the accuracy, integrity or quality of any content. You acknowledge and agree that content posted by users and any and all liability arising from such content is the sole responsibility of the user who posted the content, and not us.
e) Any review posted by a user does not reflect our opinion in any way. Each and every review posted on the App is the personal opinion of the User only. We are a neutral platform and solely provide a means of communication between users. Any advertisements on the App are published on an independent basis and there is no relation between the reviews of advertisers those who have advertised on the App. If the business user believes that any particular user’s review violate our Policy, the user can flag the review to our attention. We may remove the review in our sole discretion.
THIRD PARTY CONTENT
b) Third party content, including that posted by our users, does not reflect our views or that of our branches, employees, officers, directors, or shareholders. In addition, none of the content available through the App is endorsed or certified by the providers or licensors of such third party content. We assume no responsibility or liability for any third party content. You further acknowledge and agree that we are not liable for any loss or damage which may be incurred by you as a result of the availability of those external apps or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web apps or resources. Without limiting the generality of the foregoing, we expressly disclaim any liability for any offensive, defamatory, illegal, invasive, unfair, or infringing content provided by third parties.
GOVERNING LAW AND JURISDICTION:
These terms shall be governed by the laws of India and court of Hyderabad shall have exclusive jurisdiction for matters pertaining to this terms and conditions.
DISPUTE RESOLUTION AND JURISDICTION
The formation, interpretation and performance of this Agreement and any disputes arising out of it will be resolved through Alternate Dispute Resolution mechanism.
Arbitration -In the case the parties are not able to settle the matter amiably, arbitration may follow, the award of which is binding on both parties. The Arbitration proceedings shall be presided over by a Sole Arbitrator, to be appointed by the Abhibus. The arbitration shall take place at Hyderabad, Telangana, India and shall be conducted in English. The award as the outcome of the arbitration is final and binding on both parties.
In the event of the dispute resolution mechanism failing, the matter shall be governed by the law, rules and regulations of Hyderabad, Telangana, India. The exclusive jurisdiction and venue for actions and disputes mentioned above shall be the courts located in Hyderabad, Telangana, India, and you hereby submit to the personal jurisdiction of such courts.
a) Entire Agreement: This Agreement is the complete and exclusive statement of the agreements between you and us with respect to the subject matter hereof and supersedes all other communications or representations or agreements (whether oral, written or otherwise) relating thereto.
b) Waiver: The failure of either party at any time to require performance of any provision of this Agreement in no manner shall affect such party's right at a later time to enforce the same. No waiver by either party of any breach of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or construed as, a further or continuing waiver of any other such breach, or a waiver of any other breach of this Agreement.
c) Severability: If any provision of this Agreement shall to any extent be held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement shall in no way be affected or impaired thereby and each such provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. In such case, this Agreement shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the rights and commercial expectations of the parties hereto, as expressed herein. The invalidity or unenforceability of any provision of this terms in any jurisdiction will not affect the validity or enforceability of any such provision in any other jurisdiction.
LIMITATION OF LIABILITY
The information contained in this app is for general information purposes only. The information is provided by Abhibus and while we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the App or the information, products, services, or related graphics contained on the app for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this App.
Through this App you are able to link to other apps which are not under the control of Abhibus. We have no control over the nature, content and availability of those apps. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
Every effort is made to keep the portal up and running smoothly. However, Abhibus takes no responsibility for, and will not be liable for, the portal being temporarily unavailable due to technical issues beyond our control.