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PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY, BEFORE USING THIS WEBSITE
Indiasanta.com is a site operated by India Santa, a sole proprietorship with its office at 40/125, C.R.Park, New Delhi - 110019 and registered office at 103, Venetia, Gulmohar Cross Road – 11, JVPD Schme, Juhu, Mumbai. (“We” or “Us” or “Our” as applicable).
(hereafter referred to “Site”), whether as a guest or a registered user. Use of Our Site includes accessing, browsing, or registering to use Our Site. These Terms also inform you of the terms on which you may make any purchase, booking or redemption on the Site or through any other means including using Our call center, walk-in partners, corporate tie-ups or such other means as We may provide.
Please read these Terms carefully before you start to use Our Site, as these will apply to your use of Our Site and to any purchases that you may make on Our Site. By using Our Site and/or making any purchases on Our Site, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not use or make any purchases, bookings or redemptions on Our Site.
OTHER APPLICABLE TERMS
CHANGES TO THESE TERMS
We may revise these Terms at any time, by amending this page without providing any intimation to you. Please check these Terms from time to time, to take notice of any changes that We make, as they will be binding on you.
CHANGES TO OUR SITE
We may update Our Site from time to time, and may change the content, display, form, at any time without prior notice. However, any of the content on Our Site may be out of date at any given time, and We are under no obligation to update it. We do not guarantee that Our Site, or any content on it, will be free from errors or omissions.
ACCESSING OUR SITE
Our Site is made available free of charge. We do not guarantee that Our Site, or any content on it, will always be available or be uninterrupted. Access to Our Site may be suspended, withdrawn, discontinued or changed without notice. We will not be liable to you if, for any reason, Our Site is unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to Our Site. You are also responsible for ensuring that all persons who access Our Site through your internet connection, are aware of these Terms and other applicable terms and conditions, and that they comply with it.
You can only access and use this Site and make any purchases on it if you are of a legally binding contract age, as per the Indian Contract Act, 1872, which is currently 18 years. In all other cases you can be on the Site only with the involvement of a parent or guardian. It is the responsibility of a parent to ensure that his/her child (below the age of 18 years) does not access or use the Site. It is hereby clarified that the above restrictions on a minor’s use of the Site shall apply irrespective of the age or date of birth provided to Us in any registration form or any other documents.
YOUR ACCOUNT AND PASSWORD
You are required to register on Our Site, in order to use, make purchases or bookings or complete redemptions on it. You will be required to provide a unique username and password in order to register and access Our Site. You are solely responsible for maintaining the confidentiality of your account and password details, and for restricting access to your computer to prevent unauthorized access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure, and should inform Us immediately if you have any reason to believe that your password has been disclosed or accessed by an unauthorized third party, or if the password is being, or is likely to be used in an unauthorized manner. Please ensure that the details you provide Us with, are correct and complete, and inform Us immediately of any changes to the information that you provided when you registered. You can access and update much of the information you provided Us with in My Account section of the Site. We reserve the right to refuse access to the Site, terminate accounts, remove or edit content at any time, with or without notice to you.
INTELLECTUAL PROPERTY RIGHTS
All content included on this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, is Our property, or the property of Our affiliates or content suppliers, and is protected by Indian and international intellectual property law, including copyright, authors’ rights and database rights laws. The compilation of all content on this Site is Our exclusive property, and is protected by laws of India and international copyright and database right laws. All software used on this Site is also Our exclusive property, or the property of Our affiliates or software suppliers, and is protected by Indian and international copyright and authors’ rights laws.
You are hereby granted a limited license to access and make personal use of this Site, but not to download or modify it, or any portion of it, without Our express written consent. In particular, you may not utilize any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this Site, without Our express written consent. You may also not create and/or publish your own database that features substantial parts of Our Site, without Our written consent. This is not applicable with regard to the Content uploaded by you on Our Site.
LICENSE TO USE THIS SITE
We grant you a limited license to access and make personal use of this Site, but not to download (other than page caching) or modify it, or any portion of it, except with Our written consent. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings, descriptions or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant, or any use of data mining, robots or similar data gathering and extraction tools.
This Site or any portion thereof (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without Our express written consent and/or Our affiliates’ written consent, as may be applicable.
You will not frame or use framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout, or form) that belongs to Us or Our affiliates, without express written consent. You will not use any metatags or any other ‘hidden text’ utilizing Our or Our affiliates’ names or trademarks or logos, without express consent thereof. Any unauthorized use terminates the permission or license granted by Us or Our affiliates, as applicable, to you.
You are granted a limited, revocable and non-exclusive right to create a hyperlink to the Site as long as the link does not portray Us, Our affiliates or Our Site, or their products or services, in a false, misleading, derogatory, defamatory or otherwise offensive manner. You may not use Our logo or other proprietary graphic or trademark as part of the link, without express written consent of Our affiliates or Us, as may be applicable.
YOUR CONTENT AND INFORMATION
You own all of the content and information that you post on Our Site. In addition, please see the below:
(a) For content that is covered by intellectual property rights, such as photos and videos (IP content), you specifically grant Us a non-exclusive, transferable, sub-licensable, royalty free, worldwide and perpetual license to use any IP content that you post on or in connection with the Site (IP License).
(b) When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others, except as required under lawful orders of a court or other such legal authority).
You hereby acknowledge, understand and agree that your use of this Site will be in accordance with applicable law, including but not limited to the fact that you shall not host, display, upload, modify, publish, transmit, update or share any information that –
(a) belongs to another person and to which you do not have any right to;
(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating to encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
(c) harms minors in any way;
(d) infringes any patent, trademark, copyright or other proprietary rights;
(e) violates any law for the time being in force;
(f) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(g) impersonates another person;
(h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
(i) 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.
PURCHASE OF VOUCHERS PRODUCTS AND SERVICES
You agree, understand and acknowledge that the Site is an online platform that enables you to purchase experiences, products and services (“Services”) from merchants who may or may not be listed on the Site (“Merchants”), through several means including through direct purchase using credit card/debit card/net banking/ or any other form of payments, the purchase of corresponding vouchers issued by Merchants (“Merchant Vouchers”) or IndiaSanta gift vouchers (“IndiaSanta Voucher” and together with the Merchant Vouchers referred to as “Vouchers”).
You further agree and acknowledge that the Merchant Vouchers are issued and owned by the respective Merchants and are sold to you by Us on behalf of the Merchants. Vouchers may be gifted/transferred by you to another person (“Transferee”), provided the details of such Transferee are provided to Us at the time of purchase. Any Transferee shall automatically be bound by these Terms, the specific Terms of Purchase provided below, and the Merchant Terms and Conditions and the IndiaSanta Terms and Conditions (defined hereafter).
Upon purchase of a Voucher, We will send the Voucher, in physical or electronic form, to you or the Transferee (as the case may be) at the address indicated by you for this purpose.
Subject to the Terms of Purchase (described below), Vouchers may be exchanged for Services (such process being “Redemption”. The terms “Redeem” and “Redeemed” should be construed accordingly). It is clarified that a Merchant Voucher may only be Redeemed for the specific Services to which it pertains.
With regard to the Services, you agree, understand and acknowledge that all Services are exclusively provided by the Merchants, and only such Merchants shall be responsible to you for any and all injuries, illnesses, damages, charges, expenses, claims, liabilities and costs suffered by you or any third party, caused by or which arise out of the Services.
TERMS OF PURCHASES
By making any purchase of Vouchers or Services on the Site or through any other means, you expressly agree, understand and acknowledge as follows:
(i) Merchant Vouchers offered on the Site are subject to terms and conditions which are imposed exclusively by the Merchant (“Merchant Terms and Conditions”). The purchase and Redemption of the Merchant Vouchers and the Services shall at all times be subject to the Merchant Terms and Conditions;
(ii) IndiaSanta Vouchers offered on the Site are subject to terms and conditions imposed by Us (“IndiaSanta Terms and Conditions”);
(iii) Redemption of Vouchers shall take place only after due verification of the authenticity of Vouchers and your/Transferee’s identity (as the case may be);
(iv) We shall not be responsible for the quality of any of the Services provided to you, including any Services provided by a Merchant upon Redemption of a Voucher;
(v) Vouchers are Redeemable in their entirety only and may not be redeemed incrementally, unless specifically provided for in the Merchant Terms and Conditions or IndiaSanta Terms and Conditions of that Voucher;
(vi) The validity period of the Merchant Vouchers and IndiaSanta Vouchers are determined exclusively by the Merchants and IndiaSanta respectively, and are as provided in the Merchant Terms and Conditions and the IndiaSanta Terms and Conditions respectively. Each Voucher shall lapse on the completion of the validity period and may not thereafter be Redeemed;
(vii) Vouchers are non-refundable and may not be encashed. Further, the outstanding value of such Vouchers shall not be transferred or credited to you or any other person in any manner.
(viii) Vouchers may be Redeemed only for actual Services and may not be Redeemed for taxes, tips, convenience charges, or prior balances;
(ix) Where the Services relate to the delivery of goods or products, Vouchers may not be Redeemed in respect of any shipping or handling charges, convenience charges etc;
(x) The reproduction, sale or distribution of the Vouchers is strictly prohibited;
(xi) The Voucher and the Services may only be used for personal purposes and the resale or trade in such Vouchers or Services is prohibited;
(xii) You are bound by these Terms, the Merchant Terms and Conditions, IndiaSanta Terms and Conditions. You shall also be bound by the additional terms and conditions, specific to goods and Services, which may be available or referred to on the Site (“Additional Terms”). By purchasing or placing an order for any goods or Services, you agree that you have read and fully understood all the applicable terms. In the event of a conflict between these Terms/the Merchant Terms and Conditions/IndiaSanta Terms and Conditions and the Additional Terms, the Additional Terms shall prevail and take precedence.
(xiii) In the event the Services relates to goods or products, the concerned Merchant shall be solely responsible for all obligations with respect to the delivery, after sale service and warranties related to such Services.
(xiv) In the event the Services relates to goods or products, such goods or products may be returned for a refund only in accordance with these Terms and the Additional Terms imposed by the Merchant.
(xv) In the event the Redemption of any Voucher is rendered impossible due to events or circumstances beyond the Merchant’s control, including poor weather conditions, You shall not be entitled to any refund or adjustment except at Our discretion. Our decision in this regard shall be final and binding on you.
In addition to Vouchers and Services, We also offer, on the Site, gift boxes which are a collection of Merchant Vouchers (“Gift Box”). These Gift Boxes may be purchased and Redeemed in a similar to Merchant Gift Vouchers and shall be subject to the Terms of Purchase described hereinabove. Such Gift Boxes shall specifically be subject to the Additional Terms displayed alongside such Gift Boxes on the Site.
We also provide a ‘Gift Registry’ facility on the Site (“Gift Registry”). In order to avail the Gift Registry facility, you would have to register on the Site and create an account in your name. However, it is clarified that your utilization of the Gift Registry shall be strictly in accordance with these Terms and the Additional Terms displayed on the Site at the time of the aforesaid registration. Further details regarding the Gift Registry and the process for availing the same and the benefits accorded by the facility can be accessed here.
You or other users may add goods and Services, available through Merchants, on or off the Site, on the Gift Registry. You will also be permitted to announce or share your Gift Registry through such means as may be provided on the Site from time to time.
It is further clarified, to avoid any ambiguity, that We are, in no way responsible for any Services availed under the Gift Registry facility, since the Services would be procured from third party Merchants.
You will also be permitted to create and modify lists (“Wish Lists”) of goods and Services, which you desire or wish to purchase in future from Merchants, on or off the Site. Such Wish Lists shall only be viewable by You, unless you determine to share the same with your friends, family or third persons.
We may, in the future, offer on our Site the facility of rewards points, which would accumulate and be credited to Your account upon the completion of certain transactions. These reward points will be subject to the provisions of the Additional Terms displayed on the reward points’ page on the Site.
CASH GIFT OPTION
We also offer on our Site the facility of cash gifting (“Cash Gift Option”), whereby You or any other user may create an account to receive or collect cash contributions up to a pre-determined amount, from various other users on the Site. Upon the collection of funds equal to the pre-determined amount, the entire corpus of funds may be transferred to a nominated bank account in favor of You/the other user or a designated transferee (as the case may be). The Cash Gift Option shall be subject to these Terms and also the Additional Terms displayed on the Cash Gift Option page on the Site.
Cancellation by Us: We reserve the right to refuse or cancel any order for the purchase of a Voucher or Service for any reason whatsoever, including, without limitation:
(i) Non-availability of the goods or products or quantities ordered by You;
(ii) Non- availability of the corresponding Service;
(iii) Inaccuracies or errors in pricing information; and
(iv) On account of any issues identified by Our credit and fraud avoidance department.
We also reserve the right to cancel any orders that may be classified as 'Bulk Order' in accordance with the below criteria:
(i) Where Services ordered are not for self-consumption but for commercial resale;
(ii) Where multiple orders are placed for same Services at the same address, above a limit decided by Us;
(iii) Where bulk quantity of the same Services are ordered;
(iv) Where an invalid address is provided in order details;
(v) Where any malpractice is used to place the order.
Any reward points or promo code used for placing a Bulk Order will not be refunded.
In certain circumstances, We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card has been charged, the said amount will be reversed back in your credit card account.
Cancellation by You: We reserve the right to accept or reject any requests by you for order cancellations. In the event We receive a cancellation notice from you and the corresponding order has not been processed/ approved by Us, We shall cancel the order and refund the entire amount to you within a reasonable period. However, We will not cancel orders that have already been processed. In this regard, We reserve the right to decide whether or not an order has been processed and you agree that our decision in this regard shall be final.
You acknowledge and undertake that you are accessing the Services on the Site and transacting with third party Merchants at your own risk, and are using your best and prudent judgment before entering into any transactions through the Site.
You understand and agree that We are not responsible for Services offered by Merchants, and that the Site provides a platform to facilitate the purchase of Services and Vouchers. We shall not be liable or responsible for any actions or inactions of the Merchants nor any breach of conditions, representations or warranties by the Merchants with regard to the Services, and hereby expressly disclaim any and all responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement between you or the Transferee and the Merchants.
We further expressly disclaim any and all warranties or representations (express or implied), in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the Services in respect of which Vouchers are listed or displayed on the Site.
We shall not be responsible for any cancelled or failed transactions or payments attempted using credit cards, debit card, net banking or any other means on the Site. You further agree that We shall not be responsible or liable for cancellations or failures which take place on account of you exceeding the existing limit on your credit card.
Some of the Vouchers sold on the Site can be Redeemed for activities that involve potential bodily harm (such as adventure sports SPA etc). We accept no responsibility or liability in respect to such Services and, you take full responsibility for your own actions and omissions in utilizing the Services. You agree that any such activities involve a degree of risk which you are fully aware of and are willing to take. It is your duty to understand the risks associated with the Services and We shall not be liable for any harm or injury caused to you due to the Services.
All content, information, software, Services and related graphics are provided as is, without warranty of any kind from Us. We do not implicitly or explicitly support or endorse the sale or purchase of any Services on this Site. At no time shall any right, title or interest in the Services, corresponding to a Voucher sold through or displayed on Our Site, vest with Us.
INDEMNITY AND RELEASE
You shall indemnify and hold Us and/Our affiliates, and their respective offices, directors, agents and employees, harmless, from any claim or demand or actions including reasonable attorneys’ fees made by any third party or penalty imposed due to, or arising out of:
(i) your breach of these Terms or any document incorporated by reference, or your violation
(ii) of any law, rules, regulations or third party rights;
(iii) your use of any Voucher;
(iv) your use of any Cash Gift Option, Gift Box or Gift Registry;
(v) your purchase or use of any of the Services provided by Merchants.
You hereby expressly release Us and/or Our affiliates and/or any of its officers and representatives from any cost, damage, liability or other consequences of any of the actions/inactions of the Merchants, and specifically waive any claims or demands that you may have, in this behalf, under any statute, contract or otherwise.
We will not be responsible for any indirect or consequential loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expense), that is not reasonably foreseeable to both you and Us when you commenced using the Site. Unless otherwise specified in the Additional Terms, and subject to applicable laws, Our complete liability to You shall be limited to the refund the money received from You for the purchase of a Voucher, Service or Gift Box.
If you breach these Terms and We take no action, We will still be entitled to use Our rights and remedies in any other situation where you breach these Terms.
If you violate the letter and/or spirit of these Terms, or otherwise create risk or possible legal exposure for Us, We can stop providing all or part of the Site to you. We may also delete or disable your account at any time.
GOVERNING LAW AND JURISDICITON
These Terms are governed by, and construed in accordance with the laws of India. You agree, as We do, to submit to the exclusive jurisdiction of courts in India.
In case of any grievance you can reach Our Grievance Officer on [email protected]
The Grievance Officer can be contacted to report abuse, or to complain against any Content hosted, transmitted, published, updated or shared on Our Site, in the event there are some concerns regarding such Content.