THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF THE INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.
The website www.TrotterIt.com and the associated mobile application (Android) (hereinafter referred to as the “Website”) is owned by Travomate Private Limited, a company incorporated under the Companies Act, 2013 with its registered office at Sarita Vihar, Delhi (“Trotter It“). Trotter It offers the following services: Providing a website, and apps for the Android, providing a platform for the creation of travel blogs, archiving personal travel stories, photos and video (hereinafter “Memories”) and for use as a social network for travelers. Trotter It also offers the following products: Personalized travel videos , expanding the range reserved, which are configured and manufactured by Trotter It on the basis of data provided by the user (hereinafter “products”) (products and services are jointly referred to as “services”).
2. Membership Eligibility
Use of the Website is available only to persons who can enter into legally binding contracts under the Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents and persons of unsound mind are not eligible to use the Website. Any person under the age of 18 shall not register on the Website and shall not transact on or use the Website. If a minor wishes to use or transact on the Website, such use or transaction may be made by the minor’s legal guardian or parents on the Website. Trotter It reserves the right to terminate any person’s membership and/or refuse to provide such person with access to the Website if it is brought to Trotter It notice or if it is discovered that such person is not eligible to use the Website.
3. Acceptance of Terms
Please carefully read these Terms. By accessing or using the Website, you are agreeing to these Terms and concluding a legally binding contract with Trotter It. You may not use the Website if you do not accept the Terms or unable to be bound by the Terms.
In order to use the Website, you must first agree to the Terms. You can accept the Terms by:
- Logging into Trotter It by via Facebook, Google Plus or your personal e-mail; or
- Actually using the Website. In this case, you understand and agree that Trotter It will treat your use of the Website as acceptance of the Terms from that point onwards.
4. Opening an Account
In order to use the Website, you will have to create an account on the Website (“the Account”), which can be done either by signing up through Facebook, Google Plus or by your personal e-mail. As part of the application, you will be required to provide an e-mail address and a password which is to be used for logging into the Account in the future. You shall not transfer or share your Account password with anyone, or create more than one Account.
The confidentiality of your username and password is to be maintained by you and in case of any misappropriation or unauthorized access of the Account you agree to communicate the same promptly to Trotter It. Any information regarding this will be sent to the e-mail address which was used at the time of sign up.
6. Agreement to receive Mails
If you don’t want to receive communication from us by way of e-mails and newsletters anymore, please send an email to info@TrotterIt.com.
7. Description of Service
- You understand and agree that the Service may include advertisements and that these advertisements are necessary for Trotter It to provide the Service.
- You also understand and agree that the Service may include certain communications from Trotter It, such as service announcements and administrative messages and that these communications are considered part of Trotter It membership and you will be able to opt out of receiving them.
- Live Journeys/Past Journeys created by any user on the Website will be considered public information and will be shown to other users using the Website. Trotter Itcan use these for any purpose that it deems fit for the benefit of Trotter It community.
- If you don’t want to register/unregister/unsubscribe from the Service, please send an email to info@TrotterIt.com. Trotter It will honour all user requests to users from the service. However, Trotter It cannot guarantee immediate actions on the same since this may have technical implications on the Service and impact other users using the Service. Trotter Itshall make reasonable efforts to fulfil such user requests within a reasonable time period.
- You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
8. Links to Third Party Websites
The Website may contain links and interactive functionality interacting with the websites of third parties. Trotter It is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such website. Before enabling any sharing functions to communicate with any such website or otherwise visiting any such website, Trotter It strongly recommends that you review and understand the terms and conditions, privacy policies, settings, and information-sharing functions of each such third-party website.
9. Use of the Website
You agree, undertake and covenant that, during the use of the Website,
- you shall not host, display, upload, modify, publish, transmit, update or share any information that belongs to another person or entity and to which you do not have any right.
- create any account for anyone other than yourself without such person’s permission;
- create more than one personal account;
- use a user name that is the name of another person with the intent to impersonate that person;
- use a user name or Trotter It account that is subject to any rights of a person other than you without appropriate authorization;
- use a user name that is a name that is otherwise offensive, vulgar or obscene or otherwise unlawful
- use your personal ‘profile’ and ‘travel feed’ (i.e. your ‘home screen’) and other data for your own commercial gain,
- host, display, upload, modify, publish, transmit, update or share any information that is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another person’s privacy, hateful or racially or ethnically objectionable, or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever.
- host, display, upload, modify, publish, transmit, update or share any information that is misleading in any way.
- host, display, upload, modify, publish, transmit, update or share any information that involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”.
- host, display, upload, modify, publish, transmit, update or share any information that infringes upon or violates any third party’s rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, e-mail address, physical address or phone number) or rights of publicity.
- host, display, upload, modify, publish, transmit, update or share any information that tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, or other areas of the Website or solicits passwords or personally identifying information for commercial or unlawful purposes from other users of the Website.
- host, display, upload, modify, publish, transmit, update or share any information that engages in commercial activities without Trotter It’s prior written consent such as engages in contests, sweepstakes, barter, advertising etc.
- interfere with another user’s use of the Website.
- refer to any website or URL that, in Trotter It’s sole discretion, contains material that is inappropriate for the Website or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms.
- deceive or mislead the addressee/ users about the origin of such messages or communicate any information which is grossly offensive or menacing in nature.
- host, display, upload, modify, publish, transmit, update or share any information that contains software viruses or any other computer codes, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, diminish value of, covertly intercept or steal any system, data or personal information.
10. Your Account and Content
- Trotter Itdoes not claim ownership of content you submit or make available for inclusion on the Service. You own all of the content and information you post and share etc., on Trotter It (“User Content”), and you can control how it is shared through your privacy settings.
- If you have a ‘private’ profile, any content and information, including but not limited to your Journeys, photos, videos and reviews, you and share etc. on your profile shall be shared with persons who follow your profile.
However, with respect to content you submit or make available for inclusion on publicly accessible areas of the Services, you grant Trotter It the following world-wide, royalty free and non-exclusive license(s), as applicable:
- With respect to content you submit or make available for inclusion publically accessible features on Trotter It, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such content on the Service for the purposes of providing and promoting Trotter It. This license exists only for as long as you elect to continue to include such content on the Service and will terminate at the time you remove or Trotter It removes such content from the Service.
- With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible area of the Service the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such content on the Service for the purpose for which such content was submitted or made available. This license exists only for as long as you elect to continue to include such content on the Service and will terminate at the time you remove or Trotter It removes such content from the Service;
- With respect to content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service, the perpetual, irrevocable and fully sub-licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such content (in whole or in part) and to incorporate such content into other works in any format or medium now known or later developed.
“Publicly accessible” areas of the Service are those areas of the service that will be available to the general public. By way of example, publicly accessible areas of the Service would include user profile pages, Journeys, Past Journies, Travel Life, Local Life, My Life, etc.
- Trotter It does not take responsibility or any liability whatsoever nature with regard to any particulars of restaurants, hotels, places, events, service providers, tour operators etc.,thatTrotter It may recommend in its Editors’ Itineraries. It is clearly understood that the Editor only recommends and does not require any written consent from such third parties and therefore no liability is taken up by Trotter It for such recommendation or acting thereupon by any user.
- You hereby grant Trotter It a perpetual, non-revocable, worldwide, royalty-free and sub-licensable right and license to use, copy, distribute, display, publish, transmit, make available, reproduce, modify, adapt the User Content and create derivate works of the User Content in any manner as deemed appropriate by Trotter It in any form including but not limited to print, broadcast, online and across any and all websites owned by Trotter It , any and all platforms owned by Trotter It on any social media channel including but not limited to Instagram, Facebook and Twitter. You represent and warrant that you own or otherwise control all of the rights to the User Content that you post or that you otherwise provide on or through the Website; and that, as at the date that the User Content is posted or submitted on the Website: (i) the User Content is accurate; (ii) use of the User Content you supply does not breach these Terms; and (iii) that such User Content is lawful.
- You further represent and warrant that while posting any User Content on the Website you shall not use any offensive, libellous, derogatory, hateful or racially or ethnically objectionable language. Further, you shall not post any content on the Website that is obscene, pornographic, constitutes an “indecent representation of women” as provided in The Indecent Representation of Women (Prohibition) Act, 1986.
- You acknowledge and agree that Trotter It may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
- Comply with legal process.
- Respond to claims that any content violates the rights of third parties; or
- Protect the rights, property, or personal safety of Trotter It , its users and the public.
- You understand that the technical processing and transmission of the Services, including your User Content, may involve – (a) Transmissions over various networks; and (b) Changes to conform and adapt to technical requirements of connecting networks or devices.
- Trotter It does not claim ownership of the images, pictures or photos posted by users on the Website. The images are user contributed images. Trotter Itis not liable for any damages, claims that may arise out of any copyright violation that happens because of user contributed images. Trotter It will comply with Digital Millennium Copyright Act (DMCA). DMCA assures swift removal of images for copyright owners and provides a safe harbor from liability for complying web hosts once put on notice. We respect all copyright owners and will always comply with well documented notices.
11. Use of Blogs, including messaging between Users and / or Travel Agents etc.
- The Website may contain discussion blogs or other forums in which you or third parties may post reviews, comments of travel experiences or other content, messages, materials or other items on the Website. If Trotter It provides such interactive areas, you are solely responsible for your use of such interactive areas and use them at your own risk.
- By using any interactive areas, you expressly agree not to post, upload to, transmit, comment, distribute, store, create or otherwise publish through the Website any of the following:
- any message, data, information, text, videos, music, sound, photos, graphics, code or other material (“content“) that is unlawful, libellous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the Securities and Exchange Board of India or any rules of a securities exchange where the shares of the concerned entity have been listed such as the National Stock Exchange and the Bombay Stock Exchange;
- content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- unsolicited promotions, political campaigning, advertising or solicitations;
- private information of any third party, including, without limitation, addresses, phone numbers, email addresses, personal identification numbers and credit card numbers;
- viruses, corrupted data or other harmful, disruptive or destructive files;
- content that is unrelated to the topic of the interactive area(s) in which such content is posted; or
- content that, in the sole judgment of Trotter It , is objectionable or which restricts or inhibits any other person from using or enjoying the interactive areas or the Website, or which may expose Trotter It or its affiliates or its users to any harm or liability of any type.
- Trotter It takes no responsibility and assumes no liability for any content posted, shared, liked, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Trotter It liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, Trotter It is not liable for any statements, representations or content provided by its users in any public forum, personal home page or other interactive area. Although Trotter It has no obligation to screen, edit or monitor any of the content posted to or distributed through any interactive area, Trotter It reserves the right, and has absolute discretion, to remove, screen or edit without notice any content posted or stored on the Website at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any content you post or store on the Website at your sole cost and expense.
- Any use of the interactive areas or other portions of the Website in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the interactive areas and/or the Website. Trotter Itmay provide, or third parties may provide, links to other World Wide Websites or Mobile Application or resources. Since Trotter It has no control over such Website or Mobile Application or resources, you acknowledge and agree that Trotter It is not responsible for the availability of such external Website or Mobile Application or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such Website or Mobile Application or resources. You further acknowledge and agree that Trotter It shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such Website or resource.
12. Limitation of Liability
You hereby acknowledge that Trotter It shall not be held liable to you for any special, consequential, incidental, and exemplary or punitive damages, or loss of profit or revenues. We are also not liable under any circumstances for damages arising out or related in any way to your inability to access, or your difficulty in accessing the Website, any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the Website by any third party, any loss of your data or content from the services, your failure to keep your password or Account details secure and confidential. LLB shall not be liable under any circumstances for damages arising out of or in any way related to products, services and/or information offered or provided by third-party vendors accessed through the Website.
13. Disclaimer of Warranties
THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE (COLLECTIVELY, THE “CONTENTS”) ARE PROVIDED BYTROTTER IT ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TROTTER IT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, THE ACCURACY OR COMPLETENESS OF THE CONTENTS AND THE ACCURACY OF THE INFORMATION. TROTTER IT SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, DOCUMENT OR INFORMATION. YOU EXPRESSLY AGREE THAT THE USE OF THE WEBSITE IS AT YOUR SOLE RISK. TROTTER IT WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WE SITE OR THE CONTENTS INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE FULL EXTENT PERMITTED BY LAW, TROTTER IT DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE WEBSITE AND ITS CONTENTS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE.
This is a free for use Website. Users’ liability may be financial and monetary for which Trotter It takes no responsibility and may be to any extent. If Trotter It is impleaded in any court action, minimum damages @Rs2500000 shall be recoverable from such user. Users do hereby indemnify and keep indemnified Trotter It from all losses, damages, claims etc. that may arise. Trotter It is not a booking agent or a travel agency (apart from being a meta-search engine), and does not charge service fees to users of the Website. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser / travel agent /local agent/ tour operator/ third party recommendations like restaurants, hotels, places, events, service providers, tour operators etc., on the Service. You agree that Trotter It shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertiser / travel agent /local agent/ tour operator/ third party recommendations like restaurants, hotels, places, events, service providers, tour operators etc., on the Service. Trotter It does not take responsibility or any liability whatsoever nature with regard to any particulars of restaurants, hotels, places, events, service providers, tour operators etc. that Trotter It may recommend in its Editors’ Itineraries or Must Dos. It is clearly understood that the Editor only recommends and does not require any written consent from such third parties and therefore no liability is taken up by Trotter It for such recommendation or acting thereupon by any user or travel agent.
15. Content and Intellectual Property Rights
- Trotter It solely and exclusively owns copyrights, trademarks, service marks, logos, trade names, and other intellectual and proprietary rights associated with our Service and Contents and is protected under Indian law.
- Trotter It .com, Trotter It Mobile Application and/or, Trotter It logo, and other company logos and product and service names are trademarks of Travomate Pvt Ltd. Without Trotter It ‘s prior permission, you agree not to display or use them in any manner.
- You hereby acknowledge that the Service constitute original works and have been developed, compiled, prepared, revised, selected, and arranged by us and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of us and such others. You thereby agree to protect the proprietary rights of Trotter It during and after the term of these Terms. You may not selectively download portions of the Website without retaining the copyright notices You may download material from the Website only for your own personal use and for no commercial purposes whatsoever.
- Any infringement shall lead to appropriate legal proceedings against you at appropriate forum for seeking all available remedies under applicable laws of the country.
16. Termination of Access to your Services
The Account can be terminated at any time by you by ceasing to use the Website.
- If we are certain that a user has created multiple accounts in the same name or uses similar names having one single identity, or has uploaded objectionable material on this profile, page or that of others or in any other manner, then Trotter It shall have all rights to block the users account from access, without notice to such user. If you create risk or possible legal exposure for us, we can stop providing all or part of the access to Trotter It by you. We may or may not notify you about the same. You may also delete your account or disable your page at any time. In all such cases, this Statement shall terminate, but the provisions governing your future conduct including responsibilities and liabilities shall still apply.
- You agree that regardless of any statute or law to the contrary or the applicable dispute resolution process, any claim or cause of action you may have arising out of or related to use of the Service or otherwise under these must be filed within one (1) year after such claim or cause of action arose or you hereby agree to be forever barred from bringing such claim.
- If anyone brings a claim against us related to your actions, content or information on Trotter It , you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users’ actions on Trotter It and are not responsible for the content or information users transmit or share on Trotter It . We are not responsible for any IP infringed, offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on Trotter It. We are not responsible for the conduct, whether online or offline, or any user of Trotter It. Nothing in these terms of service is intended to exclude or limit any condition, warranty, right or liability which may not be lawfully excluded or limited. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only those limitations which are lawful in your jurisdiction (if any) will apply to you and our liability is limited to the maximum extent permitted by law. We try to keep Trotter It up, bug-free, and safe, but you use it at your own risk. We are providing Trotter It as is without any express or implied warranties including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that Trotter It will always be safe, secure or error-free or that Trotter It will always function without disruptions, delays or imperfections. Trotter Itis not responsible for the actions, content, information, or data of third parties and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties.
18. Governing Law
These Terms shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall exclusively be in Delhi, India. In the event of any dispute arising out of these Terms the same shall be settled by a binding arbitration conducted by a sole arbitrator, appointed jointly by both parties and governed by the Arbitration and Conciliation Act, 1996. The venue of arbitration shall be Delhi, India.
19. How to Contact Us
If you have questions or concerns about this Policy, please contact us at info@TrotterIt.com