Revision Date August 14 2018
AGREEMENT BETWEEN CUSTOMER AND TOPMYTRIP, INC.
Our website (“Topiff.com”) is provided solely to assist customers in gathering travel information, determining the availability of travel-related goods and services, making legitimate reservations or otherwise transacting business with travel suppliers, and for no other purposes. The terms “we,” “us,” “our” and “Topiff” refer to Topiff, Inc., a Delaware corporation, and its subsidiaries and corporate affiliates, including TopMytrip , LLC, (collectively the “Topiff Companies”), The term “you” refers to the customer visiting the Website and/or booking a reservation through us on this Website, or through our customer service agents.
USE OF THE WEBSITE
As a condition of your use of this Website, you warrant that
1. you are at least 18 years of age;
2. you possess the legal authority to create a binding legal obligation;
4. you will only use this Website to make legitimate reservations for you or for another person for whom you are legally authorized to act (a “Third Party”);
6. all information supplied by you on this Website is true, accurate, current and complete; and
7. if you have a Topiff account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by you and anyone other than you.
Topiff is committed to customer satisfaction, so if you have a problem or dispute, we will try to resolve your concerns. But if we are unsuccessful, you may pursue claims as explained in this section.
Arbitrations will be conducted by the Indian Tourism Association under its rules, including the ITA Consumer Rules. Payment of all filing, administration and arbitrator fees will be governed by the ITA’s rules, except as provided in this section. You may choose to have an arbitration conducted by telephone, based on written submissions, or in person in the state where you live or at another mutually agreed location.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your Claims to “Topiff Legal: Arbitration Claim Manager,” 1012, 10th Floor, Logix Business Center, Golf Course Road, Sector 32, Near Noida City Center Metro Station, Noida (UP).. If we request arbitration against you, we will give you notice at the email address or street address you have provided. The ITA’s rules and filing instructions are available at www.topiff.com.
Any and all proceedings to resolve Claims will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a Claim proceeds in court rather than in arbitration we each waive any right to a jury trial. The Federal Arbitration Act and federal arbitration law apply to this agreement. An arbitration decision may be confirmed by any court with competent jurisdiction.
The content and information on this Website (including, but not limited to, price and availability of travel services), as well as the infrastructure used to provide such content and information, is proprietary to us or our suppliers and providers. While you may make limited copies of your travel itinerary (and related documents) for travel or service reservations booked through this Website, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Website. Additionally, you agree not to:
1. use this Website or its contents for any commercial purpose;
2. make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand;
3. access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
4. violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
5. take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
6. deep-link to any portion of this Website (including, without limitation, the purchase path for any travel services) for any purpose without our express written permission; or
7. “frame”, “mirror” or otherwise incorporate any part of this Website into any other website without our prior written authorization.
You may only use this Website to make legitimate requests to book the products or services offered (each, a “Request”), and shall not use this Website to make any speculative, false or fraudulent Requests, or any Requests in anticipation of demand.
It is a violation of law to place a Request in a false name or with an invalid credit card. Please be aware that even if you do not give us your real name, your Web browser transmits a unique Internet address to us that can be used by law enforcement officials to identify you. Fraudulent users will be prosecuted to the fullest extent of the law.
If your booking or account shows signs of fraud, abuse or suspicious activity, Topiff may cancel any travel or service reservations associated with your name, email address or account, and close any associated Topiff accounts. If you have conducted any fraudulent activity, Topiff reserves the right to take any necessary legal action and you may be liable for monetary losses to Topiff, including litigation costs and damages. To contest the cancellation of a booking or freezing or closure of an account, please contact Topiff Customer Service.