1. These Terms and Conditions of Use Agreement (the "Agreement") is between you and Compass India Holidays doing business as “Compass” and sets forth the terms and conditions under which Compass provides access to content and services at and through www.compassindiainc.com (the "Site").
ACCEPTANCE OF THE AGREEMENT
2. Your use of the Site and any services or Content (as defined below) available on or through the Site or through Compass, constitutes your acceptance, without modification, of the terms and conditions of this Agreement. By using the Site or any services provided by Compass, you represent and agree that you are eighteen (18) years of age or older, are of legal age and capacity to form a binding contract or have the permission and/or legal authorization of your parent or legal guardian to enter into this Agreement, and that you are not a person barred from entering into agreements in and receiving services from the Government of Law. If you do not agree with the terms and conditions of this Agreement, you agree not to access the Site or use the services provided by Compass. If you have any questions about this Agreement or the practices of this Site, do not use the site and please contact Compass at travel@ compassindiainc.com.
ADDITIONAL TERMS AND CONDITIONS
3. Certain features and services available on the Site may be subject to additional terms and conditions, including the payment of certain fees. All purchases of services are subject to the Compass Terms and Conditions of Services Agreement. Compass´s collection and use of personal information that you may provide to Compass, or which may be collected from you by Compass, is governed by the Compass Privacy Policy which is expressly incorporated into this Agreement as if contained herein in its entirety.
AMENDMENT AND MODIFICATIONS TO AGREEMENTS
4. Compass may amend or make additions, deletions or modifications to this Agreement, the Compass Terms and Conditions of Services and Compass Privacy Policy at any time and without prior notice. Such amendments or modifications shall be effective upon posting the amended terms on the Site and/or e-mailing of such amendments or modifications to registered users of the Site, and you agree to be bound by such amendments or modifications for any future use of the Site or services provided by Compass after they are posted and/or e-mailed.
ACCOUNT MEMBERSHIP ELIGIBILITY
5. If you become a member or subscribe to any services offered on or through the Site, you agree to:
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provide true, accurate, current and complete information about yourself and/or your company as prompted by the registration and order forms, and
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to maintain and update this information to keep it true, accurate, current and complete. If any information provided by you is untrue, inaccurate, not current or incomplete, Compass reserves the right to terminate your account and refuse any and all current or future use of the Site and affiliated services. You are solely responsible for choosing and keeping secure your password to access your account on the Site. Compass bears no responsibility for your account being compromised and used without your authorization. Should you become aware of unauthorized activity on your account, you agree to notify Compass immediately. You further agree not to share user names or passwords, which is expressly prohibited, unless authorized in writing by Compass. You further agree not to reverse engineer, hack, spam, block, disrupt, or otherwise change or alter, or attempt to change or alter, the Site.
CHILDREN UNDER 18
6. Compass does not knowingly collect or solicit personal information from anyone under the age of 18 or knowingly allow such persons to register with Compass. If you are under 18, please do not send any information to us, including your name, address, telephone number, or email address. No one under age 18 is allowed to provide any personal information to Compass or be a user of Compass services. In the event that we learn that we have collected personal information from a child under age 18 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 18, please contact us at travel@ compassindiainc.com
USER CONDUCT
7. You understand that the services provided by Compass are available for your personal, non-commercial use only. You represent, warrant and agree that no materials of any kind submitted through your Compass account will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. You further agree that you may not use the services provided by Compass or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site. In addition, you agree not to use the services provided by Compass or the Site to:
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Upload, post, email, transmit or otherwise make available any content that Compass, in its sole discretion, deems to be harmful, threatening, abusive, harassing, vulgar, obscene, or hateful, or is racially, ethnically, religiously, or otherwise offensive;
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Engage in any activities in violation of any applicable local, state, national, regional, or international law, rules, or regulations;
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Transmit any material that infringes any copyright, patent, trade secret, or other proprietary or privacy right of any third party;
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Impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity;
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Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of commercial solicitation;
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Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
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Intimidate or harass another; or
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Use or attempt to use another´s account, service or system without authorization from Compass, or create a false identity on the Site.
8. Compass may terminate your ability to access the Site or use the services provided by Compass at any time and for any reason in its sole discretion. Compass reserves the right at any time from time to time and without notice to modify or discontinue, temporarily or permanently, the Site or the services it provides. You agree that Compass shall not be liable to you or to any third party for any modification, suspension, or discontinuation of the Site or the services.
9. If Compass identifies that you are using the Site for commercial use, Compass may seek to be reimbursed for any and all costs and expenses related to your usage of the Site, including reasonable attorneys´ fees arising from your breach of this Agreement.
OWNERSHIP AND COPYRIGHT AND TRADEMARK NOTICE
10. This Site is owned and operated by Compass India Holidays doing business as Compass. All content, information and materials appearing on this Site, including, without limitation, text, site design, logos, graphics, icons, images, and voice, video, and sound clips, as well as, the selection, assembly and arrangement thereof ("Content") are the sole property of Compass or its licensors and are protected by International copyright, patent and trademark laws and treaties. Compass and its licensors expressly reserve all rights in and to such Content. You may use the Content contained on this Site and the services offered through this Site only for your own personal purposes. No Content from this Site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without Compass´s or its licensor´s prior written permission except as explicitly permitted in this Agreement.
11. All content, information, and materials you upload to the Site or provide to Compass using the services offered by Compass, including, without limitation, text, graphics, icons, images, and voice, video, and sound clips shall become the property of Compass immediately upon their upload or transmission and you hereby assign and agree to assign all rights in such materials to Compass. Compass may store, delete, retain, or dispose of such materials in its sole discretion and shall be under no obligation to retain such materials for any particular period of time.
12. All software used on the Site, to provide services through the Site, and to operate the Site is the sole property of Compass or its licensors and may not be used elsewhere without prior written permission. Certain patents, trademarks, copyrights and other content or proprietary information used on this Site may be owned by third parties not affiliated with Compass and are being used under license and with permission by Compass under various agreements.
UNSOLICITED IDEAS
13. Compass welcomes your comments and feedback about the site or about its services; however, Compass, in its sole discretion, reserves the right to use or not use any ideas, content, materials, or suggestions you submit without any express or implied obligation, contract or compensation to you. all ideas, materials, or suggestions (including, without limitation, unsolicited ideas, suggestions, or materials) submitted shall become the property of Compass and Compass may use such ideas, materials, or suggestions in whole or in part at Compass´s sole discretion without compensation or credit to you.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
14. You expressly agree that all content, materials, information, software, products, and services included in or available through the site or provided by Compass are provided "as is" and "as available". Compass makes no warranty that the site is accurate, reliable or correct; that the site will be available at any particular time or location; that any defects or errors will be corrected; that the site and content are free of viruses or other harmful components; or that you will achieve successful results from utilization of the site and its content or the services provided by Compass. to the greatest extent permissible under law, Compass expressly disclaims all warranties of any kind, either express or implied, including, but not limited to, warranties of title; non-infringement; or implied warranties of merchantability or fitness for a particular purpose or otherwise, other than those warranties which are expressly contained in this agreement or are incapable of exclusion, restriction or modification under applicable law.
DISCLAIMER AND LIMITATION OF LIABILITY
15. In no event shall Compass, its shareholders, directors, officers, employees, agents, and representatives be liable for special, indirect, consequential, or punitive damages related to the site or services provided by Compass, even if Compass is made aware of the possibility of such damages. You agree that Compass, its shareholders, directors, officers, employees, agents, and representatives shall not be liable for any damages arising from the operation, content or use of the site or the provision of services by Compass. You agree that this limitation of liability is comprehensive and applies to all damages of any kind, including without limitation direct, indirect, compensatory, special, incidental, punitive and consequential damages even if Compass is made aware of the possibility of such damages.
INDEMNIFICATION
16. You agree to defend, indemnify and hold harmless Compass and its subsidiaries, affiliates, related companies, employees, officers, directors, agents, telecommunications providers, and content providers from all claims, demands, liabilities, costs, and expenses, including reasonable attorneys´ fees, arising from your breach of this Agreement, your violation of the rights of any third parties using the services provided by Compass or the Site, or your violation of any federal, state, local or other applicable laws, rules, or regulations using the service provided by Compass or the Site.
SECURITY
17. Compass takes steps to ensure that all information collected is treated securely and in accordance with this Agreement and the Compass Privacy Policy. Unfortunately, no data transmission over the Internet or telephone can be guaranteed to be 100% secure. Accordingly, Compass cannot ensure or warrant the security of any information you transmit to Compass. Therefore, any transmission of information by you to Compass is done at your own risk. When Compass receives your transmission, Compass makes commercially reasonable efforts to ensure the security of your information on our systems.
JURISDICTION, VENUE AND NOTICES
18. All legal disputes arising from or relating to the Site, your access and/or use of the Site, this Agreement, the Compass Privacy Policy, and the Compass Terms and Conditions of Services Agreement shall be settled under the laws of Indian courts subject to laws of Republic of India. In the event of any dispute of whatever nature, such dispute shall be settled in good faith between the parties. In case, such dispute can not be resolved by negotiation within 30 days, such dispute shall be referred to a binding arbitration in accordance with the provisions of the Arbitration and Conciliation Act 1996. The place of arbitration shall be New Delhi, India. In case of the dispute requiring intervention of courts, courts in New Delhi alone shall have exclusive jurisdiction.
19. You agree that the exclusive jurisdiction and venue for any litigation be an appropriate court located in New Delhi, India and you irrevocably consent to the exclusive jurisdiction and venue of such courts. If either party files suit or engages in other legal process to enforce the terms and conditions of this Agreement or the Compass Terms and Conditions of Services Agreement, or to collect monies owed by reason of this Agreement or the Compass Terms and Conditions of Services Agreement, the prevailing party in any such litigation shall be entitled to recover its reasonable attorneys fees and costs in connection with such enforcement efforts. You agree that Compass may provide notices relating to this Agreement, the Compass Privacy Policy, and the Compass Terms and Conditions of Services Agreement to you, including those regarding changes, by e-mail, regular, mail, and/or postings to the Site.
ENTIRE AGREEMENT
20. The Agreement and the Compass Privacy Policy constitutes the entire agreement between you and Compass and governs your use of the Site and the services provided by Compass, superseding any prior agreements between you and Compass with respect to the Site and the services provided by Compass. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Compass services, affiliate services and third-party content using the Site.
WAIVER AND SEVERABILITY
21. The failure of Compass to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties agree that the court should endeavor to give effect to the parties. Intentions as reflected in the provision and the other provisions of this Agreement shall remain in full force and effect.
PRIVACY
22. Your privacy is essential. That is why we require you to validate and confirm information for yourself and the people that want to contact you. Your privacy is in your control from your first contact with Compass and every day thereafter.
23. This privacy statement intends to address questions as to what information is collected and how that information is used. As a database driven website, Compass necessarily collects certain information from users, including the collection of information to facilitate the services offered and to provide better services to the users.
24. The following discloses our information gathering and dissemination practices for Compass:
THE INFORMATION WE COLLECT
25. Compass collects user submitted information such as name, email address, telephone number, address, and country etc. to authenticate users and to send notifications to those users relating to the Compass services. Compass may also collect other profile data you voluntarily provide, including but not limited to, gender, age, education and occupation. We may share aggregations of the provided information with Compass’ partners, affiliates, and suppliers to provide information and services that Compass believes will be of value to you but will not share individual user information.
26. Compass logs certain information including IP address, profile information, aggregate user data, and browser type, from users and visitors to the Compass site. This data is used to manage the website, track usage and improve the website services. This information may be shared with third-parties to provide more relevant services to members. User IP addresses are recorded for security and monitoring purposes and may be used to help diagnose problems with our servers and to administer the Compass site. Your IP address may be used to identify you and gather broad demographic information.
27. We may set, access, and use cookies on your computer. Compass uses cookies to store visitor’s preferences and to record session information to customize advertising, and content based on browser type and user profile information. We may link the information we store in cookies to personally identifiable information you submit while on our site. You may be able to configure your browser to accept or reject all or some cookies, or notify you when a cookie is set. You must enable cookies from Compass in order to use most functions on the Compass site. Compass may allow third party advertisers that are presenting advertisements on some of our pages to set and access their cookies on your computer through the Compass site. The use of cookies by those third parties is subject to their own privacy policies, not the Compass Privacy Policy. This privacy statement covers the use of cookies by Compass and does not cover the use of cookies by any advertisers.
28. Your credit card and/or other financial information may be collected in the ordering or user approval process. This information is held confidential and is only shared with third parties as necessary to provide Compass services (such as conveying information to a bank or credit card processor to actually complete a purchase transaction).
SHARING AND RELEASE OF INFORMATION
29. Compass will release any and all information collected: a. In response to a subpoena, court order, or other legal process that we have a good faith belief meets applicable legal standards, whether or not actually required by applicable law; b. To establish or exercise our legal rights or defend against legal claims; and c. When we believe in good faith it is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, any situations involving potential threats to the physical safety or property of any person, violations of Compass terms of use and policies or as otherwise required by law.
LINKS
30. The Compass site may contain links to other sites. Compass is not responsible for the privacy practices or the content of such third party sites.
THIRD PARTY ADVERTISING
31. Compass may, on occasion, offer surveys or contests, which ask for additional user information. This information is provided by you voluntarily and may be used to send you promotional material from Compass or its partners. This information may be shared with partners, affiliates, and suppliers on an individual or on an aggregate basis.