Terms of Use Agreement
Last updated: 30 November 2015

BY REGISTERING AN ACCOUNT OR BY USING THE SERVICES OR BY ACCESSING THE INFORMATION, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. PLEASE READ THE TERMS OF USER AGREEMENT CAREFULLY. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE SERVICES.

1. DEFINITIONS

1.1. “Applicable Law” shall mean any law, statute, order, decree, rule, injunction, license, permit, consent, approval, agreement and/or regulation of any government authority, and/or other legislative or administrative action of a government authority, and/or a final decree, judgment or order of a court which relates to and/or shall be rendered applicable, directly or indirectly, to the provisions of these Terms and Conditions, the User and/or the Platform Company.

1.2. “eChutti” shall mean the mobile and web-based information services forming a social platform for travellers.

1.3. “Platform Company” shall mean eChutti.

1.4. “Content” will include (but is not limited to) images, photos, audio, video, location data, nearby places, and all other forms of information or data.

1.5. “User Content” means content that the User uploads, shares or transmits to, through or in connection with the services, such as likes, ratings, reviews, images, photos, messages, profile information, and any other materials that the User publicly displays or displayed in his account profile.

1.6. “eChutti content” means content that Platform Company creates and make available in connection with the services including, but not limited to, visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate ratings, reports and other usage-related data in connection with activities associated with his account and all other elements and components of the services excluding Your Content and third party content.

1.7. “Third Party Content” means content that comes from parties other than eChutti or its users and is available on the services.

1.8. “Trip(s)”, “Travel Plan(s)”, “Event(s)”, “Tour(s)” refer to the tours or trips planned by Individuals or Tour operators or Companies.

1.9. “Content provider” shall be any person or persons engaged in providing information about their respective tourist spots, logistics, hotels, restaurants and eateries bar, pub, lounge and other social places.

1.10. “User” shall include all the users who sign up on the Platform.

1.11. “Us”, “our” “We” Shall denote the Platform Company through the agreement.

1.12. “You”, “He”, “Your” Shall denote the User.

2. INTERPRETATION

In these Terms and Conditions (hereinafter referred to as T&C) unless the context otherwise requires:

2.1. Words importing the singular will include the plural. Words importing the masculine gender will include the feminine or neuter and vice versa. Words importing persons will include companies.

2.2. Any reference in these T&C to any statue or regulation is deemed to include all amendments and revisions made from time to time to that statute or regulation and any re-enactments thereof.

2.3. Where any Party’s consent or approval is required pursuant to any provision of these T&C such consent or approval will be required for each separate occasion notwithstanding any prior consent or approval obtained for the like purpose on a prior occasion.

2.4. These T&C will in all events be construed as a whole, according to its fair meaning, and not strictly for or against a party merely because that party (or the party's legal representative) drafted the T&C.

2.5. The headings, titles, and captions contained in these T&C are merely for reference and do not define, limit, extend, or describe the scope of these T&C or any provision herein.

2.6. The word “including” means “including, without limitation.”

2.7. A natural person includes a juristic person and vice versa;

3. LIABILITIES AND DUTIES OF THE PLATFORM COMPANY

3.1. eChutti is in no way acting as an agent of such tourist spots, logistics, hotels, restaurants and eateries bar, pub, lounge and other social places.

3.2. The User understands, acknowledges and affirms that under no circumstances, for any reason whatsoever, shall the Platform Company be deemed to be an agent of any Content Provider.

3.3. The User understands, acknowledges and affirms that under no circumstances, for any reason whatsoever, shall any Content Provider be deemed to be an agent of the Platform Company.

3.4. The User understands, acknowledges and affirms that under no circumstances, for any reason whatsoever, shall the Platform Company be deemed to be an agent of the User.

3.5. The User understands, acknowledges and affirms that exists no vicarious liability of the Platform Company with respect to the Content Provider. For the avoidance of doubt, it is hereby clarified that the Platform Company shall not be held liable, under any circumstance and/or reason whatsoever, of the actions or the omissions of the Content Provider.

3.6. If the platform company decides to change this Terms, they shall notify the changes to this Terms to the User through the Platform. However, the platform company shall only inform such changes to the User which shall have a direct impact to his/her functionality, interaction and usage of the Platform.

3.7. All contractual terms are offered by organisers and agreed to between travellers and organisers directly. eChutti does not have any control on agreement or commercial terms between the travellers and organisers. These commercial terms include but not limited to payment methods, payments terms, price, date, duration, delivery, warranty related to services. The User agrees that that the contract for sale of any of the products or services shall be a strictly bipartite contract between the traveller and the organiser.

3.8. eChutti shall not be liable for any tours , trips or events planned by Individuals or Tour operators or Companies not being related to eChutti but using the Platform as the same.

3.9. eChutti reserves the right to make changes or modifications to these Terms, or any policy or guideline of our Services, at any time and in its sole discretion..

4. REGISTRATION AND ACCOUNT SECURITY
4.1. You may register using third party social media site or using your email address. By registering users provide their real names and information, and we need your help to keep it that way and you should further agree that:
4.1.1. Information provided is accurate, up-to-date and complete.
4.1.2. Account created is for yourself and not on behalf of someone.
4.1.3. You will not impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
4.1.4. You will not create multiple accounts of yourself or on behalf of others.
4.1.5. You own the responsibility for all activities that occur under your account and accept all risks of any authorized or unauthorized access.
4.1.6. Your account is private and should not be used by anyone other than you. You are responsible for all usage or activity on the Service by users using your password, including but not limited to use of your password by any other member.
4.1.7. If a username represents a registered company or trademark, we reserve the right to remove or reclaim
4.2. In breach of the abovementioned conditions the Platform Company reserves the right to terminate the User s Account with or without prior intimation .



5. DUTIES OF THE USER
5.1. The User must create an account in order to use some of the features offered by the Platform. Use of any personal information the user provides to the platform company during the account creation process is governed by the platform companies Privacy Policy. The user must keep his password confidential and is solely responsible for maintaining the confidentiality and security of his account, all changes and updates submitted through his account, and all activities that occur in connection with his account.
5.2. The User may also be able to register to use the services by logging into his account with his credentials from certain third party social networking sites (e.g., Facebook). The User confirms that he is the owner of any such social media account and that he is entitled to disclose your social media login information to the Platform company. He authorizes us to collect his authentication information, and other information that may be available on or through his social media account consistent with his applicable settings and instructions.
5.3. In creating an account, the User represents to us that all information provided to us in such process is true, accurate and correct, and that he will update his information as and when necessary in order to keep it accurate.
5.4. The User is also responsible for all activities that occur his account. He agrees to notify us immediately of any unauthorized use of his account in order to enable us to take necessary corrective action. He also agrees that he will not allow any third party to use his account for the purpose of transacting activities in his name on the services.
5.5. By creating an account, The User agrees to receive certain communications in connection with the Site or services. For example, he might receive comments or friend requests from other Users. He can opt-out or manage your preferences regarding non-essential communications through account settings. Without limiting the generality of these Terms, in using the services, the user specifically agrees not to post or transmit any content (including review) or engage in any activity that, in our sole discretion:
5.5.1. Violate our Guidelines and Policies;
5.5.2. Is harmful, threatening, abusive, harassing, tortious, indecent, defamatory, discriminatory, vulgar, profane, obscene, libelous, hateful or otherwise objectionable, invasive of another’s privacy, relating or encouraging money laundering or gambling;
5.5.3. Constitutes an inauthentic or knowingly erroneous review, or does not address the goods and services, atmosphere, or other attributes of the business you are reviewing.
5.5.4. Contains material that violates the standards of good taste or the standards of the services;
5.5.5. Violates any third-party right, including, but not limited to, right of privacy, right of publicity, copyright, trademark, patent, trade secret, or any other intellectual property or proprietary rights;
5.5.6. Accuses others of illegal activity, or describes physical confrontations;
5.5.7. Alleges any matter related to health code violations requiring healthcare department reporting. Refer to our Guidelines and Policies for more details about health code violations.
5.5.8. Is illegal, or violates any federal, state, or local law or regulation (for example, by disclosing or trading on inside information in violation of securities law);
5.5.9. Attempts to impersonate another person or entity;
5.5.10. Disguises or attempts to disguise the origin of Your Content, including but not limited to by: (i) submitting Your Content under a false name or false pretenses; or (ii) disguising or attempting to disguise the IP address from which Your Content is submitted;
5.5.11. Constitutes a form of deceptive advertisement or causes, or is a result of, a conflict of interest;
5.5.12. Is commercial in nature, including but not limited to spam, surveys, contests, pyramid schemes, postings or reviews submitted or removed in exchange for payment, postings or reviews submitted or removed by or at the request of the business being reviewed, or other advertising materials;
5.5.13. Asserts or implies that Your Content is in any way sponsored or endorsed by us;
5.5.14. Contains material that is not in English or, in the case of products provided in foreign languages, the language relevant to such products;
5.5.15. Falsely states, misrepresents, or conceals your affiliation with another person or entity;
5.5.16. Accesses or uses the account of another user without permission;
5.5.17. Distributes computer viruses or other code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or electronic communications equipment;
5.5.18. Interferes with, disrupts, or destroys the functionality or use of any features of the services or the servers or networks connected to the services;
5.5.19. “Hacks” or accesses without permission our proprietary or confidential records, those of another user, or those of anyone else;
5.5.20. Violates any contract or fiduciary relationship (for example, by disclosing proprietary or confidential information of your employer or client in breach of any employment, consulting, or non-disclosure agreement);
5.5.21. Decompiles, reverse engineers, disassembles or otherwise attempt to derive source code from the services;
5.5.22. Removes, circumvents, disables, damages or otherwise interferes with security-related features, or features that enforce limitations on use of, the services;
5.5.23. Violates the restrictions in any robot exclusion headers on the services, if any, or bypasses or circumvents other measures employed to prevent or limit access to the services;
5.5.24. Collects, accesses, or stores personal information about other users of the services;
5.5.25. Is posted by a bot;
5.5.26. Harms minor in any way;
5.5.27. Threatens the unity, integrity, defense, security or sovereignty of India or of the country of use, 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;
5.5.28. Modifies, copies, scrapes or crawls, displays, publishes, licenses, sells, rents, leases, lends, transfers or otherwise commercialize any rights to the services or Our Content; or
5.5.29. Attempts to do any of the foregoing.

5.6. The User acknowledges that eChutti has no obligation to monitor him – or anyone else’s – access to or use of the services for violations of the Terms, or to review or edit any content. However, we have the right to do so for the purpose of operating and improving the services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure the Users compliance with the Terms and to comply with applicable law or the order or requirement of legal process, a court, consent decree, administrative agency or other governmental body.

5.7. The User hereby agrees and assures that the Platform company that the Site/services shall be used for lawful purposes only and that you will not violate laws, regulations, ordinances or other such requirements of any applicable Central, Federal State or local government or international law(s).The User shall not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam mail, chain letters or any other form of solicitation, encumber or suffer to exist any lien or security interest on the subject matter of these Terms or to make any representation or warranty on behalf of the platform company in any form or manner whatsoever.

6. TERMINATION OF ACCOUNT ON EVENTS OF DEFAULT

Any User Account may be downgraded, temporarily disabled and/or terminated, if following events occur (hereinafter referred to as “Events of Default”):
6.1. User posts unauthorized commercial communications (such as spam) on the platform.
6.2. User collects any Content, or otherwise accesses platform, using automated means (such as harvesting bots, robots, spiders, or scrapers) without platform company’s prior permission.
6.3. The User engages in unlawful multi-level marketing, such as a pyramid scheme, on the platform
6.4. The User uploads viruses or other malicious code.
6.5. The User solicits login information or access an account belonging to someone else.
6.6. The User bullies, intimidates, or harasses any other User.
6.7. The User posts content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
6.8. The User develops or operates a third-party application containing alcohol-related, dating or other mature content (including advertisements) without appropriate age-based restrictions.
6.9. The User uses the platform to do anything unlawful, misleading, malicious, or discriminatory.
6.10. The User does anything that could disable, overburden, or impair the proper working or appearance of the platform company, such as a denial of service attack or interference with page rendering or other platforms functionality.
6.11. The User facilitates or encourages any violations of this Terms of Use or any of the platform companies policies
6.12. The User provides any false personal information on the platform, or creates an account for anyone else other than himself/herself without permission of that Person and/or the platform company.
6.13. The User creates more than one User Account.
6.14. If the User creates another User Account after the platform company disables his/her account, without its permission.
6.15. If the User is under the age of 18.
6.16. If the User is a convicted sex offender.
6.17. If the contact information of the User is not accurate and up-to-date.
6.18. The User shares his/her password, lets anyone else access his/her account, and/or do anything else that might jeopardize the security of his/her User Account.
6.19. If the User selects a username or similar identifier for his/her User Account and platform believes it is inappropriate.
6.20. If the User uploads, posts, emails, or otherwise transmit any computer routines, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
6.21. If the User interferes with or disrupts the Platform and/or networks connected to it
6.22. If the User takes any action that imposes an unreasonable or disproportionately large load on our infrastructure; or
6.23. If the User copies, reproduces, alters, modifies, or publicly displays any information displayed on the Platform, or create derivative works from the Platform, to the extent that such action(s) would constitute copyright infringement or otherwise violate the intellectual property rights of the platform company or any other third party, except with the prior written consent of the platform company or the appropriate third party.

7. INDEMNIFICATION

7.1. The User shall defend, protect, indemnify and hold harmless the Platform Company and his agents, successors, and assignees (“Indemnified Parties”) from and against any and all claims in connection therewith (collectively, the “Indemnified Liabilities”), incurred by the Indemnified Parties as a result of and/or arising out of or in relating to

7.1.1. any misrepresentation by the User to the Indemnified Parties,

7.1.2. the breach of representations and warranties of the User made in this Terms of Use,

7.1.3. the breach of any covenants and declarations made by the User under this Terms of Use.

7.1.4. The User covenants that he shall indemnify the Platform Company against all actions incurred due to misrepresentation , misuse , misappropriation and/or abuse of the intellectual property of the Platform Company which shall include attorney fees, court expenses and ancillary expenses incurred by the Platform Company.


8. CHANGE

The platform company reserves the right to suspend, modify or remove or add content to the Platform or its Software at its sole discretion with immediate effect and without notice. We shall not be liable to you for any loss suffered as a result of any changes made or for any modification or suspension of or discontinuance of the Software or services and you shall have no claims against the platform company in such regard.

9. INTELLECTUAL PROPERTY RIGHTS

9.1. The platform company is the sole owner or lawful licensee of all the rights to the Platform and its content.

9.2. The eChutti content embody trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in eChutti and its content shall remain with the platform company, its affiliates or licensor's of the platform companies content, as the case may be.

9.3. All rights, not otherwise claimed under this contract or by the platform company, are hereby reserved. The information contained in this Application and/or Website is intended, solely to provide general information for the personal use of the reader, who accepts full responsibility for its use. eChutti does not represent or endorse the accuracy or reliability of any information, or advertisements (collectively, the “content”) contained on, distributed through, or linked, downloaded or accessed from any of the services contained on eChutti, or the quality of any products, information or other materials displayed, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the services.

9.4. We accept no responsibility for any errors or omissions, or for the results obtained from the use of this information. All information in eChutti is provided “AS IS” with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. Nothing herein shall to any extent substitute for the independent investigations and the sound technical and business judgment of the user(s).

9.5. In no event shall the platform company be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to the services. User(s) of this site must hereby acknowledge that any reliance upon any content shall be at their sole risk.

9.6. The platform company reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the service. The user extends a non-exclusive, royalty (including interest) free, irrevocable, Non transferrable license to all information shared by the end user with the company, directly or indirectly, when the user holds any or all rights over such information.

10. GOVERNING LAW AND DISPUTE RESOLUTION.

10.1. Any dispute, controversy or claim arising out of or relating to this Agreement or the validity, interpretation, breach or termination thereof (“Dispute”), including claims seeking redress or asserting rights under the applicable law shall be amicably settled, in the offices of the Company in Bengaluru through mutual consultation and escalation at such offices of the Company as Company may designate.

10.2. If the Dispute is not settled amicably as aforesaid within a period of [14] (Fourteen) calendar days, the matter would be referred to arbitration in accordance with the provisions of the Indian Arbitration and Conciliation Act, 1996 and any amendments, re-enactments and modifications thereof.

10.3. The venue of arbitration at all times shall be Bengaluru, India.

10.4. Arbitration shall be presided over by a sole arbitrator named and appointed by Platform Company.

10.5. If the proceeding has been initiated by the Platform Company, the arbitrator shall be name the arbitrator in the written notice sent to the Contractor in relation to commencement arbitration.

10.6. If the proceeding has been initiated by the Contractor, the arbitrator shall be named by Platform Company with 14 days in a written communication from the date of receipt of the notice of commencement of the arbitration.

10.7. The arbitration proceedings shall be conducted in the English language.

10.8. The governing law of the Agreement shall be the laws of the Republic of India.

10.9. Subject to the aforesaid clause, the courts of Karnataka shall have exclusive jurisdiction in all matters arising out of this Agreement as well as the arbitration proceedings envisaged herein (including but not limited to applications under Section 9 of the Indian Arbitration and Conciliation Act, 1996).