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These terms and conditions of use ("Terms of Use") of the Website (as defined below) between www.mobivoyage.com (hereinafter referred to as "MobiVoyage", “MVC”, “We”, “Our”, “Ours”) and the users/ registrants of the Website ("You" or "Your" or "Yourself" or "User") describe the terms on which MobiVoyage offers You access to the Website and the Services (as defined below) through the Website.

PLEASE READ THE TERMS OF USE CAREFULLY BEFORE USING OR REGISTERING ON THE WEBSITE OR ACCESSING ANY MATERIAL, INFORMATION OR SERVICES THROUGH THE WEBSITE. YOUR USE OF THE WEBSITE OR THE SERVICES PROVIDED BY THE WEBSITE SHALL SIGNIFY YOUR ACCEPTANCE OF THE TERMS OF USE AND YOUR AGREEMENT TO BE LEGALLY BOUND BY THE SAME.

YOUR USE OF THE WEBSITE IMPLIES THAT YOU AGREE WITH THE TERMS OF USE.

1. General

1.1 www.mobivoyage.com ("Website") is an Internet based portal owned and operated by Antaeus Rent A Car Pvt Ltd, a company incorporated under the laws of India, with its registered office at 101, Shirin Tower, Shraddhanand Road, Vile Parle (East), Mumbai 400057, India. Use of the Website is offered to You conditioned on acceptance of all the terms, conditions and notices contained in these Terms, along with any amendments made by MobiVoyage at its sole discretion and posted on the Website, including by way of imposing an additional charge for access to or use of a Service.

1.2 MobiVoyage shall not be required to notify You, whether as a registered user or not, of any changes made to the Terms of Use. The revised Terms of Use shall be made available on the Website. Your use of the Website and the Services is subject to the most current version of the Terms of Use made available on the Website at the time of such use. You are requested to regularly visit the home page www.mobivoyage.com to view the most current Terms of Use. It shall be Your responsibility to check these Terms of Use periodically for changes. MobiVoyage may require You to provide Your consent to the updated Terms of Use in a specified manner before any further use of the Website and / or the Services is permitted. If no such separate consent is sought, Your continued use of the Website, following changes to the Terms of Use, will constitute Your acceptance of those changes.

1.3 By (i) using this Website or any facility or Service provided by this Website in any way; or (ii) merely browsing the Website, You agree that You have read, understood and agreed to be bound by these Terms of Use and the Website's Privacy Policy available at the homepage, www.mobivoyage.com.

2. Services

2.1 The Website is a platform that facilitates the dissemination of information on MobiVoyage, its distribution network and provides forms for job seekers and potential customers to communicate with MobiVoyage. The Website provides car-rental services at a fee which must be either partially or wholly pre-purchased by credit card, net banking and debit card OR guaranteed through a pre-authorisation on a valid credit card, as indicated at the time of booking. MobiVoyage reserves the right to amend these fees and payment medthods, add or remove services and make any changes to the Website at its sole discretion.

3. Eligibility to Use

3.1 The Services are not available to minors under the age of eighteen (18) or to any Users suspended or removed from the MobiVoyage system by MobiVoyage for any reason whatsoever. If You do not conform to the above qualification, You shall not be permitted to avail of the Services or use the Website. You represent that You are of legal age to form a binding contract and are not a person barred from receiving services under the laws as applicable in India. Notwithstanding the foregoing, if You are below the age of eighteen (18) years, You may avail the Services provided by MobiVoyage through Your legal guardian in accordance with the applicable laws.

3.2 MobiVoyage reserves the right to refuse access to use the Services offered at the Website to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so.

3.3 You shall not have more than one active Account on the Website (as applicable). Additionally, You are prohibited from selling, trading, or otherwise transferring Your Account to another party.

4. User Account, Password, and Security

4.1 The Services may also be subject to procedures for use of the Website, Terms of Offer For Sale, uploaded guidelines, rules, additional terms of service, or other disclaimer & notices, if any ("Additional Terms"). If there is any conflict between the Terms of Use and the Additional Terms, the Additional Terms shall take precedence in relation to that service.

4.2 The Website may require You to register as a User by creating an Account in order to avail of the Services provided by the Website. You will be responsible for maintaining the confidentiality of the Account Information, and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify MobiVoyage of any unauthorized use of Your Account Information or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session. MobiVoyage cannot and will not be liable for any loss or damage arising from Your failure to comply with this Section

4.3 You may be held liable for losses incurred by MobiVoyage or any other user of or visitor to the Website due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account Information secure and confidential.

4.4 The Website also allows restricted access to the Services for unregistered Users.

4.5 You shall ensure that the Account Information provided by You in the Website's registration form is complete, accurate and up-to-date. Use of another user's Account Information for availing the Services is expressly prohibited.

4.6 If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or MobiVoyage has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, MobiVoyage has the right to suspend or terminate Your Account and refuse any and all current or future use of the Website (or any portion thereof).

5. User Obligations

5.1 Subject to compliance with the Terms of Use, MobiVoyage grants You a non-exclusive, limited privilege to access and use this Website and the Services provided therein.

5.2 You agree to use the Services, Website and the materials provided therein only for purposes that are permitted by: (a) the Terms of Use; and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.

5.3 You agree to adhere to all limitations on dissemination, use and reproduction of any materials (such as the product catalogues) that You access on the Website in accordance with Section 6.

5.4 You agree not to access (or attempt to access) the Website and the materials or Services by any means other than through the interface that is provided by MobiVoyage. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website.

5.5 You acknowledge and agree that by accessing or using the Website or Services, You may be exposed to content from other users that You may consider offensive, indecent or otherwise objectionable. MobiVoyage disclaims all liabilities arising in relation to such offensive content on the Website. Further, You may report such offensive content in the manner prescribed under Section 15 herein.

5.6 If Website allows You to post and upload any material on the Website, You hereby undertake to ensure that such material is not offensive and in accordance with applicable laws. Further, You undertake not to:

• Defame, abuse, harass, threaten or otherwise violate the legal rights of others;
• Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information through any bookmark, tag or keyword;
• Upload files that contain software or other material protected by applicable intellectual property laws unless You own or control the rights thereto or have received all necessary consents;
• Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer;
• Engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);
• Attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, to any MobiVoyage server, or to any of the Services offered on or through the Website, by hacking, password mining or any other illegitimate means;
• Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any other customer of MobiVoyage, including any MobiVoyage Account not owned by You, to its source, or exploit the Website or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website;
• Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;
• Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section.
• Use any device or software to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website;
• Use the Website or any material or Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of MobiVoyage or other third parties;
• Conduct or forward surveys, contests, pyramid schemes or chain letters;
• Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;
• Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
• Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
• Violate any applicable laws or regulations for the time being in force within or outside India;
• Violate the Terms of Use including but not limited to any applicable Additional Terms of the Website contained herein or elsewhere; and
• Reverse engineer, modify copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website.

5.7 You agree that You are solely responsible to MobiVoyage and to any third party for any breach of Your obligations under the Terms of Use and for the consequences (including any loss or damage which MobiVoyage or its affiliates or its vendors may suffer) for any such breach.

5.8 You agree that MobiVoyage may, at any time, modify or discontinue all or part of the Website, charge, modify or waive fees required to use the Website, or offer opportunities to some or all Website Users.

6. Use of Materials

6.1 Except as expressly indicated to the contrary in any applicable Additional Terms, MobiVoyage hereby grants You a non-exclusive, freely revocable (upon notice from MobiVoyage), non-transferable access to view, download and print product catalogues or any other materials available on the Website, subject to the following conditions:

• You may access and use the materials solely for personal, informational, and internal purposes, in accordance with the Terms of Use;
• You may not modify or alter product catalogues or any other materials available on the Website;
• You may not distribute or sell, rent, lease, license or otherwise make the product catalogues or any other materials available on the Website available to others; and
• You may not remove any text, copyright or other proprietary notices contained in the product catalogues or any other materials available on the Website.

6.2 The rights granted to You in the product catalogues or any other materials as specified above are not applicable to the design, layout or look and feel of the Website. Such elements of the Website are protected by intellectual property rights and may not be copied or imitated in whole or in part. The product catalogues or any other materials available on the Website may be copied or retransmitted unless expressly permitted by MobiVoyage.

6.3 Any software that is available on the Website is the property of MobiVoyage or its vendors. You may not use, download or install any software available at the Website, unless otherwise expressly permitted by these Terms of Use or by the express written permission of MobiVoyage.

7. Usage Conduct

7.1 You shall solely be responsible for maintaining the necessary computer equipments and Internet connections that may be required to access, use and transact on the Website.

7.2 You are also under an obligation to use this Website for reasonable and lawful purposes only, and shall not indulge in any activity that is not envisaged through the Website.

8. Intellectual Property Rights

8.1 The Website and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the "Content") on the Website is owned and controlled by MobiVoyage and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights.

8.2 The trademarks, logos and service marks displayed on the Website ("Marks") are the property of MobiVoyage or their vendors or respective third parties. You are not permitted to use the Marks without the prior consent of MobiVoyage, the vendor or the third party that may own the Marks.

8.3 Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, MobiVoyage owns all intellectual property rights to and into the trademark "MobiVoyage", and the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.

8.4 Except as expressly provided herein, You acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from MobiVoyage or thirty party owner of such Content.

9. Third Party Content

The Website may make available general third party information such as, product catalogues, lists of authorized dealers, reports on news, entertainment, technology and features, advertisements including videos, images and photographs of the products and other data from external sources ("Third Party Content"). Similar Third Party Content would also be available to You on the email received by You from MobiVoyage. The provision of Third Party Content is for general informational purposes only. You acknowledge that the Third Party Content provided to You is obtained from sources believed to be reliable. MobiVoyage does not provide any guarantee with respect to any of the Third Party Content and MobiVoyage shall not be held liable for any loss suffered by You based on Your reliance on or use of such data.

10. Disclaimer Of Warranties Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

10.1 THE WEBSITE, SERVICES AND OTHER MATERIALS ARE PROVIDED BY MOBIVOYAGE ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, MOBIVOYAGE MAKES NO WARRANTY THAT (I) THE WEBSITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR YOUR USE OF THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE; (III) THE QUALITY OF THE WEBSITE, SERVICES OR OTHER MATERIALS WILL MEET YOUR EXPECTATIONS; OR THAT (IV) ANY ERRORS OR DEFECTS IN THE WEBSITE, SERVICES OR OTHER MATERIALS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MOBIVOYAGE OR THROUGH OR FROM USE OF THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

10.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MOBIVOYAGE WILL HAVE NO LIABILITY RELATED TO USER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. MOBIVOYAGE ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT.

10.3 MOBIVOYAGE WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A CONSEQUENCE OF UNAUTHORIZED USE OF YOUR ACCOUNT OR ACCOUNT INFORMATION IN CONNECTION WITH THE WEBSITE OR ANY SERVICES OR MATERIALS, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. MOBIVOYAGE HAS ENDEAVORED TO ENSURE THAT ALL THE INFORMATION ON THE WEBSITE IS CORRECT, BUT MOBIVOYAGE NEITHER WARRANTS NOR MAKES ANY REPRESENTATIONS REGARDING THE QUALITY, ACCURACY OR COMPLETENESS OF ANY DATA, INFORMATION, PRODUCT OR SERVICE. MOBIVOYAGE SHALL NOT BE RESPONSIBLE FOR THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED FUNCTIONALITIES, THE PROVISION OF OR FAILURE TO PROVIDE FUNCTIONALITIES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, FUNCTIONALITIES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. FURTHER, MOBIVOYAGE SHALL NOT BE HELD RESPONSIBLE FOR NON-AVAILABILITY OF THE WEBSITE DURING PERIODIC MAINTENANCE OPERATIONS OR ANY UNPLANNED SUSPENSION OF ACCESS TO THE WEBSITE THAT MAY OCCUR DUE TO TECHNICAL REASONS OR FOR ANY REASON BEYOND MOBIVOYAGE 'S CONTROL. THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. MOBIVOYAGE IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR LEADING TO AN INVALID COUPON. MOBIVOYAGE ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.

10.4 MOBIVOYAGE SHALL NOT BE LIABLE FOR ANY THIRD PARTY PRODUCT OR SERVICES. THE ADVERTISEMENT AVAILABLE ON E-MAIL OR WEBSITE WITH RESPECT TO THE THIRD PARTY WEBSITE OR THE PRODUCTS AND SERVICES ARE FOR INFORMATION PURPOSE ONLY.

11. Indemnification and Limitation of Liability

11.1 You agree to indemnify, defend and hold harmless MobiVoyage including but not limited to its affiliate vendors, agents, Directors, investors and employees from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by MobiVoyage that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Terms of Use. Further, You agree to hold MobiVoyage harmless against any claims made by any third party due to, or arising out of, or in connection with, Your use of the Website, any claim that Your material caused damage to a third party, Your violation of the Terms of Use, or Your violation of any rights of another, including any intellectual property rights.

11.2 In no event shall MobiVoyage, its officers, directors, investors, employees, partners or suppliers be liable to You, the vendor or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not MobiVoyage has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your use of or access to the Website, Services or materials.

11.3 The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.

12. Violation of the Terms of Use

12.1 You agree that MobiVoyage may, in its sole discretion and without prior notice, terminate Your access to the Website and block Your future access to the Website if MobiVoyage determines that You have violated these Terms of Use or Additional Terms. You also agree that any violation by You of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to MobiVoyage, for which monetary damages would be inadequate, and You consent to MobiVoyage obtaining any injunctive or equitable relief that MobiVoyage deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies MobiVoyage may have at law or in equity.

12.2 You agree that MobiVoyage may, in its sole discretion, and without prior notice, terminate Your access to the Website, for cause, which includes (but is not limited to): (1) requests by law enforcement or other government agencies; (2) a request by You (self-initiated account deletions); (3) discontinuance or material modification of the Website or any service offered on or through the Website; or (4) unexpected technical issues or problems.

12.3 If MobiVoyage does take any legal action against You as a result of Your violation of these Terms of Use, MobiVoyage will be entitled to recover from You, and You agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to MobiVoyage.

13. Termination

13.1 The Terms of Use will continue to apply until terminated by either You or MobiVoyage as set forth below. If You want to terminate Your agreement with MobiVoyage, You may do so by (i) not accessing the Website; or (ii) closing Your accounts for all of the Services that You use, where MobiVoyage has made this option available to You.

13.2 MobiVoyage may, at any time, with or without notice, terminate the Terms of Use (or portion thereof, such as any individual Additional Terms) with You if:

• You breach any of the provisions of the Terms of Use, the Privacy Policy or any other terms, conditions, or policies that may be applicable to You from time to time (or have acted in a manner that clearly shows that You do not intend to, or are unable to, comply with the same);
• MobiVoyage is required to do so by law (for example, where the provision of the Services to You is, or becomes, unlawful);
• The provision of the Services to You by MobiVoyage is, in MobiVoyage's opinion, no longer commercially viable;
• MobiVoyage has elected to discontinue, with or without reason, access to the Website, the Services (or any part thereof); or

13.3 MobiVoyage may also terminate or suspend all or a portion of Your account or access to the Services with or without reason. Except as may be set forth in any Additional Terms applicable to a particular Service, termination of Your Account may include: (i) removal of access to all offerings within the Website or with respect to the Services; (ii) deletion of Your materials and Account Information, including Your personal information, log-in ID and password, and all related information, files and materials associated with or inside Your Account (or any part thereof); and (iii) barring of further use of the Services.

13.4 You agree that all terminations shall be made in MobiVoyage's sole discretion and that MobiVoyage shall not be liable to You or any third party for any termination of Your Account (and accompanying deletion of Your Account Information), or Your access to the Website and Services.

13.5 Notwithstanding the foregoing, these Terms of Use will survive indefinitely unless and until MobiVoyage chooses to terminate them.

13.6 If You or MobiVoyage terminates Your use of the Website, MobiVoyage may delete any content or other materials relating to Your use of the Website and MobiVoyage will have no liability to You or any third party for doing so.

14. Governing Law

14.1 These Terms of Use and all transactions entered into on or through the Website and the relationship between You and MobiVoyage shall be governed in accordance with the laws of India without reference to conflict of laws principles.

14.2 You agree that all claims, differences and disputes arising under or in connection with or in relation hereto the Website, the Terms of Use or any transactions entered into on or through the Website or the relationship between You and MobiVoyage shall be subject to the exclusive jurisdiction of the courts at Mumbai, India and You hereby accede to and accept the jurisdiction of such courts.

15. Report Abuse

In the event You come across any abuse or violation of these Terms of Use or if You become aware of any objectionable content on the Website, please report to info@mobivoyage.com.

16. Privacy Policy

The User hereby consents, expresses and agrees that he has read and fully understands the Privacy Policy of MobiVoyage in respect of the Website. You further consent that the terms and contents of such Privacy Policy are acceptable to You.

17. Communications

17.1 You hereby expressly agree to receive communications by way of SMS, e-mails from MobiVoyage relating to Services provided through the Website.

17.2 A User can unsubscribe/ opt-out from receiving communications from MobiVoyage through SMS and e-mail anytime by:

1. Visiting http://www.mobivoyage.com/smsunsubscribe to unsubscribe from messages/ SMS; and
2. Newsletters sent daily at the registered email address.---by clicking on the unsubscribe option attached at the bottom of newsletter received through e-mail

18. General Provisions

18.1 Notice: All notices of MobiVoyage will be served by email or by general notification on the Website. Any notice provided to MobiVoyage pursuant to the Terms of Use should be sent to MobiVoyage customer support

18.2 Assignment: You cannot assign or otherwise transfer the Terms of Use, or any rights granted hereunder to any third party. MobiVoyage's rights under the Terms of Use are freely transferable by MobiVoyage to any third parties without the requirement of seeking Your consent.

18.3 Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Term of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect.

18.4 Waiver: Any failure by MobiVoyage to enforce or exercise any provision of the Terms of Use, or any related right, shall not constitute a waiver by MobiVoyage of that provision or right.

19. Feedback and Information

Any feedback You provide to this Website shall be deemed to be non-confidential. MobiVoyage shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, You represent and warrant that (i) Your feedback does not contain confidential or proprietary information of You or of third parties; (ii) MobiVoyage is not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) MobiVoyage may have something similar to the feedback already under consideration or in development; and (iv) You are not entitled to any compensation or reimbursement of any kind from MobiVoyage for the feedback under any circumstances.

20. Terms and Conditions of Use:

20.1 You shall pay the vehicle rental fare as per the applicable rates and payment schedules confirmed to you by MobiVoyage at the time of booking. Any extra amounts that you are liable to pay upon completion of the service must be settled in cash with the driver of the vehicle

20.2 You agree and acknowledge that the use of the services offered by MobiVoyage is at your sole risk. MobiVoyage disclaims all representations and warranties of any kind, whether express or implied as to condition, suitability, quality, merchantability and fitness of the services offered by MobiVoyage. The liability of MobiVoyage is excluded to the fullest extent permitted by law.

20.3 Without prejudice to the above, MobiVoyage makes no representation or guarantee that:

1. the service shall meet Customer requirements;
2. the service shall be uninterrupted, timely, secure, or error-free.

20.4 MobiVoyage shall not be responsible or liable for any loss or damage, howsoever caused or suffered by You, arising out of the use of car rental service offered by MobiVoyage or due to the failure of MobiVoyage to provide services to you for any reason whatsoever including but not limited to the your non-compliance with the terms and conditions of MobiVoyage or other circumstances whether or not beyond the control of MobiVoyage or any person or any organization involved.

20.5 Without prejudice to the above, MobiVoyage shall not be liable for any direct or indirect loss or damage which may be suffered by You, as a result of any failure on the part of MobiVoyage to provide a vehicle to You within any stipulated time even if MobiVoyage has agreed to provide the vehicle, or even if you have apprised MobiVoyage of the possibility of any such loss or damage which would result if the vehicle is not provided at all or is not provided within the stipulated time to You.

20.6 Upon the demand of MobiVoyage, You shall indemnify MobiVoyage from/ and against/ and in respect of any/ or all liabilities, losses, charges and expenses (including legal fees and costs on a full indemnity basis) claims, demands, actions and proceedings which MobiVoyage may incur or sustain directly or indirectly from/ or by any reason of/ or in relation to the use or purposed use of the Services provided by MobiVoyage.

20.7 MobiVoyage shall be entitled to terminate any booking at any time without giving any reason or prior notice to you, the Customer.

20.8 MobiVoyage encourages all its customers to take full responsibility of their luggage/belongings. In case of any loss, from the Vehicle during the journey, MobiVoyage shall endeavour to locate the lost luggage/belongings on a "best-effort" basis but MobiVoyage shall not be held responsible for such loss or damage.

20.9 If the Customer leaves any luggage/belongings/goods in the vehicle or has any complaint in respect of the services or the use of the vehicle, the Customer shall make a complaint in writing to MobiVoyage within 24 hours from such usage on info@mobivoyage.com.

20.10 In case of any dispute arising between the Customer and MobiVoyage, the dispute shall be referred to an Arbitrator, appointed by MobiVoyage in its sole discretion. The Arbitrator so appointed by MobiVoyage shall act in conformity with the Arbitration and Conciliation Act, 1996. The award so passed by the Arbitrator shall be binding upon the Customer as well as MobiVoyage. The courts of Delhi, India shall have the sole and exclusive jurisdiction in respect of any matters which may be instituted before any court of law, arising from the use of the services offered by MobiVoyage.

20.11 MobiVoyage shall be entitled to record all the calls made to the call centre/s of MobiVoyage for quality and training purposes.

20.12 Vehicles registered with MobiVoyage may / may not be continuously tracked by MobiVoyage using GPS for security reasons or for reasons deemed fit and proper by MobiVoyage.

20.13 MobiVoyage may send proposals, booking confirmation, itinerary information, cancellation, payment confirmation, refund status, schedule change or any such other information relevant for the transaction, via SMS, e-mail or by voice call on the contact number given by the Customer at the time of booking; MobiVoyage may also contact the Customer by voice call, SMS or email in case the Customer couldn't or hasn't concluded the booking, for any reason what so ever or to know the preference of the Customer for concluding the booking and also to help the Customer for the booking. The Customer hereby unconditionally consents that such communications via SMS and/ or voice call by MobiVoyage is (a) upon the request and authorization of the User, (b) 'transactional' and not an 'unsolicited commercial communication' as per the guidelines of Telecom Regulation Authority of India (TRAI) and (c) in compliance with the relevant guidelines of TRAI or such other authority in India and abroad. The Customer will indemnify MobiVoyage against all types of losses and damages incurred by MobiVoyage due to any action taken by TRAI, Access Providers (as per TRAI regulations) or any other authority due to any erroneous compliant made by the Customer against Antaneous with respect to the intimations mentioned above or on account of any wrong number or email id provided by the Customer for any reason whatsoever.

20.14 The Customer warrants that the Customer shall abide by all such additional procedures and guidelines, as modified from time to time, with respect to the use of MobiVoyage's services. The Customer further warrants that the Customer shall comply with all the applicable laws and regulations regarding the services provided by MobiVoyage.

20.15 Unless explicitly provided by MobiVoyage, any specific service or deliverable, obtaining sufficient insurance coverage shall be the obligation/option of the Customer and MobiVoyage shall not accept any claim/s arising out of such contingencies.

20.16 Insurance cover, if any provided as a part of the service/ product by MobiVoyage shall be based on the terms and conditions of the insuring company. The Customer shall contact the insurance company directly for any claim/s or dispute/s which may arise out of such insurance cover. MobiVoyage shall not provide any express or implied undertakings for acceptance of the claims by the insurance company.

20.17 Please note that vehicles booked through Mobivoyage are only tobe driven by their authorised chauffeurs and are not for self drive. Insurance claims will not be entertained by the insurance companies where the traveller has driven and the traveller, his / her representatives and / or legal heir(s) will be liable for the entire claim amount and any damages to the vehicle or other parties

21. Pricing Information

21.1 MobiVoyage will provide You with the prices of products and services You buy or avail of from the Website.

21.2 You agree to provide correct and accurate credit/ debit card/ net banking details to the approved payment gateway for availing Services on the Website. You shall not use the credit/ debit card/ net banking which is not lawfully owned by You, i.e. in any transaction, You must use Your own credit/ debit card/ net banking. The information provided by You will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order. You will be solely responsible for the security and confidentiality of Your credit/ debit card/ net banking details. MobiVoyage expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of Your credit/ debit card/ net banking.

21.3 MobiVoyage shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of you/cardholder having exceeded the preset limit mutually agreed by MobiVoyage with our acquiring bank from time to time.

21.4 You agree to pay in cash to the driver of the vehicle provided by MobiVoyage any extra charges for extra kilometers, hours, taxes, toll, allowances etc as advised by MobiVoyage at the end of your usage before leaving the vehicle.

22. Cancellation / No Show / Modification / Refunds

22.1 You agree that once a payment is made through credit/ debit card/ net banking for a confirmed booking, cancellation / no show charges will apply

22.2 For cancellations up to 4 hours or more prior to the trip time, MobiVoyage will refund the full amount, less applicable service charges and taxes (Approx 10%). No refund will be made for cancellations from 3 hours and 59 Mins prior to the trip time. MobiVoyage will retain the full amount paid

22.3 No show. Should you fail to cancel the booking, it will be treated as a no show and no refund of the amount paid will be made to you.

22.4 Any confirmed and paid trip may be modified up to 4 hours prior to the trip time as follows:

• Pick up time can be modified to a later time than the booked time. Pick up time cannot be modified to earlier time than the booked time.
• Pick up location within the same city can be modified as per the availability of the vehicle.
• No other changes are possible on the website. For more information kindly contact customer care on (+91) (0)22 2615 9292 or travel@mobivoyage.com.

Copyright Policy

Copyright in this Website belongs to MobiVoyage (“MobiVoyage”). MobiVoyage also uses contents of their vendors and third parties as well who might not be the original owners of copyright therein. The users should assume that standard copyright protection applies to all materials and contents displayed on the Website. Any redistribution, modification or reproduction of part or all of the contents featured in the Website in any form is prohibited. You may display, print, or download the contents to a local hard disk extracts for your personal, non-commercial use, but only if you acknowledge the Website as the source of the material. You are not permitted, except with the express written consent of MobiVoyage, to distribute or commercially exploit the contents on this Website. You are also prohibited from transmitting the contents or storing it in any other Website or in other form of electronic retrieval system.

Intellectual Property Rights Policy

www.mobivoyage.com ("Website" or "MobiVoyage") contains the trademark "MobiVoyage", creations with the trademark "MobiVoyage", other trademarks, logos, trade names, service marks and other marks (collectively "Marks") which are the intellectual property of MobiVoyage (“MobiVoyage”) or their vendors or respective third parties. You understand that MobiVoyage uses the Marks of vendors and respective third parties procured from the owner and/or distribution channel solely for promotional purposes. In doing so, MobiVoyage has no intention, whatsoever, to acquire rights of use or license to these Marks.

You are not permitted to use the Marks without the prior consent of MobiVoyage, the vendor or the third party that may own the Marks. If you do so, you may be liable for legal sanctions imposed by MobiVoyage, the vendor or the third party that may own the marks.

You will not harm, misuse, or bring into disrepute any of the Marks. The goodwill derived from using the Marks or any part thereof, shall inure exclusively to the benefit of MobiVoyage or its vendors or the third party that may own the Marks.

All Marks, domain name, trade dress including the "look and feel" of the Website, its text, graphics, button icons, interfaces, etc., and the arrangements thereof, is the property of MobiVoyage, as the case may be, unless otherwise indicated. All the contents are protected under copyright, trademark and other applicable intellectual property laws and may not be used by you, except as permitted by MobiVoyage, its vendors or the concerned third party.

If you see something on the Website, which you believe is violating the intellectual property rights of any person, please send an infringement notice to MobiVoyage at info@mobivoyage.com

Privacy Policy

MobiVoyage ("MobiVoyage", “We”, “Our”, “Ours”) is concerned about the privacy of its users (hereinafter referred to as "You" "Your" "Yourself") accessing its website located at www.mobivoyage.com ("Website") and has provided this Privacy Policy ("Policy") to familiarise You with the manner in which MobiVoyage collects, uses and discloses Your information collected through the Website.

BY USING THE WEBSITE, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS POLICY. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS POLICY, PLEASE DO NOT PROCEED FURTHER TO USE THIS WEBSITE.

1. Information and Usage

This Privacy Policy explains how MobiVoyage collects personal and non-personal information, classified as mandatory or voluntary and uses, discloses and protects such information through the Website. 'Personal Information' is data that can be used to uniquely identify or contact a single person ("Personal Information"). Personal Information for the purposes of this Policy shall include, but not limited to, information regarding your name, address, telephone number, date of birth, gender, e-mail address, etc.

You may need to provide MobiVoyage Your Personal Information during the course of using some services of the MobiVoyage, for instance, creating a User ID, provide information in Your account while registering on the Website, or provide financial information while making an online purchase, upload content, participate in any online survey or contest, communicate with MobiVoyage’s customer service by phone, email or otherwise, provide reviews for the content available on the Website.

All Marks, domain name, trade dress including the "look and feel" of the Website, its text, graphics, button icons, interfaces, etc., and the arrangements thereof, is the property of MobiVoyage, as the case may be, unless otherwise indicated. All the contents are protected under copyright, trademark and other applicable intellectual property laws and may not be used by You, except as permitted by MobiVoyage, its vendors or the concerned third party.

MobiVoyage collects only such Personal Information that MobiVoyage believes to be relevant and is required to understand You or Your interests. MobiVoyage collects Your Personal Information in order to record, support and facilitate Your participation in the activities You select, track Your preferences, to provide you with a customized Website experience, to notify you of any updated information and new activities and other related functions offered by MobiVoyage, keep You informed about latest content available on the Website, special offers, and other products and services of MobiVoyage, to assist you with customer service or technical support issues, to follow up with You after your visit, to otherwise support your relationship with MobiVoyage or to prevent fraud and unlawful use.

In an effort to make our Website effective, certain information may be collected each time you visit the Website. Such information may be stored in server logs. These encrypted statistics do not identify you personally, but provide us the information regarding your visit to the Website and the type of user who is accessing our Website and certain browsing activities by You. This data may include: IP address of your server from where the Website is being accessed, the type of browser (Internet Explorer, Firefox, Opera, Google Chrome etc.), the operating system of Your system and the Website You last visited before visiting to our Website. The duration of Your stay on our Website is also stored in the session along with the date and time of your access. These data are used by MobiVoyage to understand the use and number of users visiting the Website. Some of the information related to the Website and Your visit to the Website may be shared by the sponsors, investors, advertisers, developer, strategic business partners of MobiVoyage and some associates in order to enhance and grow our business and the Website but we assure that these information will never include any of Your Personal Information's. This anonymous information is collected through the use of a pixel tag, which is industry standard technology used by most major Websites.

When You use the Website, MobiVoyage's servers (which may be hosted by a third party service provider) may collect information indirectly and automatically about Your activities on the Website; for instance by way of cookies. A cookie is a small amount of data that is sent to a user's browser from a web server and is eventually stored on a user's computer hard drive. This anonymous information is maintained distinctly and is not linked to the Personal Information You submit to MobiVoyage.

Whether You want Your web browser to accept cookies or not is up to You. If You haven't changed Your computer's settings, most likely Your browser already accepts cookies. If You choose to decline cookies, You may not be able to fully experience all features of the Website. You can also delete Your browser cookies or disable them entirely, but this may significantly impact Your experience with the Website and may make parts of the Website non functional or inaccessible. We recommend that You leave them turned on.

We may use third-party service providers to serve ads on our behalf across the internet and sometimes on this Website. They may collect anonymous information about Your visits to our Website, and Your interaction with our products and services. No personally identifiable information is collected or used in this process. They do not know the name, phone number, address, email address, or any personally identifying information about the user.

MobiVoyage also uses the log file like other website servers which is the standard measures. They include internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks. We use them to analyse trends, administer the site, track a user's movement and gather broad demographic information for aggregate use. IP addresses, etc. are not linked to personally identifiable information.

MobiVoyage DOES NOT trade or sell Your Personal Information in any manner, except as specified herein, or if express consent is sought from You.

Personal Information provided by You is used only:

1. to facilitate Your use of the Website;
2. to respond to Your inquiries or fulfil Your requests for information about the various services;
3. to provide You with information about MobiVoyage's products/services and to send You information, materials, and offers from MobiVoyage;
4. to send You important information regarding the Website, changes to MobiVoyage's terms, conditions, and policies and/or other administrative information;
5. to send You surveys and marketing communications that MobiVoyage believes may be of interest to You;
6. to personalize Your experience on the Website and MobiVoyage's other websites by presenting advertising, products and offers tailored to You;
7. to help You address Your problems with the Website including addressing any technical problems;
8. if You purchase any content or avail of any service from the Website, to complete and fulfil Your purchase, for example, to have Your payments processed, communicate with You regarding Your purchase and provide You with related customer service;
9. for proper administering of the Website;
10. to conduct internal reviews and data analysis for the Website (e.g., to determine the number of visitors to specific pages within the Website);
11. to improve the services, content and advertising on the Website;
12. to protect the integrity of the Website; and
13. to respond to judicial process and provide information to law enforcement agencies or in connection with an investigation on matters related to public safety, as permitted by law.

You acknowledge that apart from Your Personal Information, if You upload any content on the Website, such content may contain information including Personal Information and the same may be available to the other users of the Website. MobiVoyage will not be liable for the disclosure and dissemination of such Personal Information to any third parties.

MobiVoyage may disclose aggregated information about the use of the Website, but it will never contain Personal Information. MobiVoyage does not disclose Personal Information to third parties in the ordinary course of business / operations. However, in situations when MobiVoyage is legally obligated to disclose information to the government or other third parties, MobiVoyage will do so.

MobiVoyage implements standard measures to protect against unauthorized access to and unlawful interception of Personal Information. However, no internet site can fully eliminate security risks.

2. Shared Personal Information

You are advised, that internet technology is not 100% safe and You should exercise discretion on using the same.

3. Links to Third Party Websites

The Website and any email sent to You may also contain/display third-party advertisements and links to other websites or products and services. MobiVoyage does not provide any Personal Information to these third-party websites or agents or advertisers, however MobiVoyage reserves the right to share with You the advertisement mailers on behalf of any other parties.

MobiVoyage will contain links to other websites ("Linked Site") on emails sent to You and the Website which are operated by third parties and are not controlled by, or affiliated to, or associated with, MobiVoyage unless expressly specified on the Website. MobiVoyage is not responsible for any form of transmission, whatsoever, received by You from any Linked Site. Accordingly, MobiVoyage does not make any representations concerning the privacy practices or policies of such third parties or terms of use of such websites, nor does MobiVoyage control or guarantee the accuracy, integrity, or quality of the information, data, text, software, music, sound, photographs, graphics, videos, messages or other materials available on such websites. The inclusion or exclusion does not imply any endorsement by MobiVoyage of the website, the website's provider, or the information on the website. The information provided by You to such third party websites shall be governed in accordance with the privacy policies of such websites and it is recommended that You review the privacy policy on any such websites prior to using such websites.

These third-party websites and advertisers may use technology to send the advertisements that appear on the Website directly to Your browser. In such cases, the third party websites or advertisers automatically receive Your IP address. They may also use cookies, JavaScript, web beacons and other technologies to measure the effectiveness of their advertisements and to personalize advertising content. MobiVoyage does not have access to or control over cookies or other features that such third party websites and advertisers may use, and the information practices of these third-party websites and advertisers are not covered by this Policy. Please contact them directly for more information about their privacy practices.

4. Security

MobiVoyage strives to ensure the security, integrity and privacy of Your Personal Information and to protect Your Personal Information against unauthorized access or unauthorized alteration, disclosure or destruction. For this purpose, MobiVoyage adopts internal reviews of the data collection, storage and processing practices and security measures, including appropriate encryption and physical security measures to guard against unauthorized access to systems where MobiVoyage stores Your personal data.

MobiVoyage is not responsible for any breach of security or for any actions of any third parties that receive Your Personal Information. The Website also linked to many other sites and we are not/shall be not responsible for their privacy policies or practices as it is beyond our control.

Notwithstanding anything contained in this Policy or elsewhere, MobiVoyage shall not be held responsible for any loss, damage or misuse of Your Personal Information, if such loss, damage or misuse is attributable to a Force Majeure Event (as defined below).

A "Force Majeure Event" shall mean any event that is beyond the reasonable control of MobiVoyage and shall include, without limitation, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, unauthorised access to computer data and storage device, computer crashes, breach of security and encryption, etc.

5. Disclosure

MobiVoyage will use information only in accordance with the Policy under which the information was collected unless we have received explicit authorization.

MobiVoyage may disclose any information MobiVoyage may have about You (including Your identity) if MobiVoyage determines that such disclosure is necessary in connection with any investigation or complaint regarding Your use of the Website, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) MobiVoyage's rights or property, or the rights or property of users of the Website, including MobiVoyage's customers. MobiVoyage reserves the right at all times to disclose any information that MobiVoyage deems necessary to comply with any applicable law, regulation, legal process or governmental request. MobiVoyage also may disclose Your information when MobiVoyage determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that MobiVoyage may preserve any communication by You with MobiVoyage through the Website or any Service, and may also disclose such data if required to do so by law or if MobiVoyage determines that such preservation or disclosure is reasonably necessary to: (1) comply with legal process; (2) enforce this Policy; (3) respond to claims that any such data violates the rights of others; or (4) protect the rights, property or personal safety of MobiVoyage, its employees, users of, or visitors to, the Website, and the public.

6. User Discretion

You can always choose not to provide information and in such cases, if the information required is classified as mandatory, You will not be able to avail of that part of the Services, features or content.

You can add or update Your Personal Information on a regular basis. When You update information, MobiVoyage will keep a copy of the prior version for its records.

MobiVoyage may, if You so choose, send direct advertisement mailers to You at the address given by You which could contain details of the products or services displayed on MobiVoyage or of any third party not associated with MobiVoyage. You have the option to opt-out of this direct or third party mailer by clicking at the unsubscribed link option attached to e-mail. MobiVoyage respects Your privacy and if You do not want to receive e-mail or other communications from MobiVoyage, For any query or assistance, feel free to Contact Us.

If You do not want MobiVoyage to use Personal Information that MobiVoyage to has about You, for any query or assistance, feel free to Contact Us

The 'Help' portion of the toolbar on most browsers will tell You how to prevent Your browser from accepting new cookies, how to have the browser notify You when You receive a new cookie, or how to disable cookies altogether. Further, You can also disable or delete similar data used by browser add-ons, such as Flash cookies, by changing the add-on's settings or visiting the Website of its manufacturer. However, as cookies allow You to take advantage of some of the Website's features, some of the Website's features and services may not function properly if Your cookies are disabled. It is therefore, recommended that You leave the cookies turned on. For instance, if You block or otherwise reject MobiVoyage's cookies, You will not be able to add items to Your shopping cart, proceed to checkout, or download any of MobiVoyage's Content or avail of MobiVoyage's services that require You to log in.

7. General Provisions

By accessing the Website, You have agreed to the terms set out in this Policy. This Policy should be at all times read along with the Terms of Use of the Website.

Unless stated otherwise, the Policy applies to all information that MobiVoyage has about You and Your account.

By using this Website and the products, content and services provided on the Website, You agree and acknowledge that Your Personal Information collected through the Website may be transferred across national boundaries and stored and processed in any the country around the world. You also acknowledge that in certain countries or with respect to certain activities, the collection, transfer, storage, and processing of Your information may be undertaken by trusted third party vendors or agents of MobiVoyage such as credit card processors, web hosting providers, communication services, and web analytic providers, to help facilitate MobiVoyage in providing certain functions.

MobiVoyage may make changes to this Policy, from time to time at MobiVoyage's sole discretion or on account of changes in law. MobiVoyage will not reduce Your rights under this Policy without Your explicit consent. MobiVoyage may e-mail periodic reminders of the notices and conditions, unless You have instructed MobiVoyage not to, but You should check the Website frequently to see recent changes. Notwithstanding the above, MobiVoyage shall not be required to notify You of any changes made to the Policy. The revised Policy shall be made available on the Website. Your continued use of the Website, following changes to the Policy, will constitute Your acceptance of those changes.

If You choose to visit the Website, Your visit and any dispute over privacy is subject to this Policy and the Website's Terms of Use. In addition to the foregoing, any disputes arising under this Policy shall be governed by the laws of India.

8. Contact

For any query or assistance, feel free to Contact Us with subject line-PRIVACY POLICY.

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