Terms And Conditions
General Terms and Conditions
1. BASIS OF USE OF THE SOOMZONE SITE
1.2 These Terms and Conditions govern your use of the Soomzone site in general, the products that you purchase through the Soomzone site and all services provided in connection with them.
2.1 To register through the Soomzone site you must be over eighteen years of age.
2.2 You must ensure that the details provided by you on registration or at any other time are correct and complete.
3. PASSWORD AND SECURITY
3.1 When you register to use the Soomzone site you will be asked to create a password. You should keep this password confidential and not disclose it or share it with anyone. You will be responsible for all activities and orders that occur or are submitted under your password
3.2 If Soomzone has reason to believe that there is likely to be a breach of security or misuse of the Soomzone site, we may require you to change your password or we may suspend your account.
5. INTELLECTUAL PROPERTY
5.1 The content of the Soomzone site is protected by copyright, trademarks, database and other intellectual property rights. You may retrieve and display the content of the Soomzone site on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Soomzone site without written permission from Soomzone .
5.2 No license is granted to you in these Terms and Conditions to use any trademark of Soomzone , or its affiliated companies.
6.1 You may not use the Soomzone site for any of the purposes set out below (this includes any use by you of the Community sites
Gaining unauthorized access to other computer systems;
Interfering with any other person's use or enjoyment of the Soomzone site;
Interfering or disrupting networks or websites connected to the Soomzone site;
Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner;
Transmitting material containing any form of advertising or promotion for goods and services, junk mail, chain letters or “spam”;
Impersonating another person;
Referring to specific website addresses outside of the Soomzone site; or Advertising.
6.2 Soomzone reserves the right to refuse to post material in the Soomzone site or to remove material already posted in the Soomzone site. You must not try to re-post material that Soomzone has refused to post in the Soomzone site or has previously been removed from the Soomzone site.
6.3 You will be responsible for all losses, costs and expenses reasonably incurred by us, all damages awarded against us by a court and all sums paid by us as a result of any settlement agreed by us arising out or in connection with:
Any claim by any third party that the use of the Soomzone site by you is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or is in breach of any applicable law, regulation or code of practice; and
Any claim by any third party that the use of the Soomzone site by you infringes that third party's copyright or other intellectual property rights of whatever nature.
6.4 By submitting material you are granting Soomzone a perpetual, royalty-free, non-exclusive license to reproduce, modify, translate, make available, distribute and sublicense the material in whole or in part and in any form.
7. USE OF COMMUNITY SITES
7.1 The Soomzone site includes a number of community sites, which may allow users to interact with each other via message boards, and other user forums (the “Community sites”).
7.2 We advise you not to post or in any way reveal any of your personal details in the Community sites (for example, your address, telephone number or email).
7.3 Soomzone does not control or moderate the content placed in the Community sites. However, Soomzone reserves the right to refuse to post material, to remove material posted in the Community sites and to contact you in the event that there are concerns about the content you have added to a Community site. Soomzone may review or edit the content of the Community sites.
7.4 Soomzone makes no representations as to the validity of any opinion, advice, information or statement displayed in the message boards by third parties. You are solely responsible for the content of your messages posted in the message boards and the views expressed by individuals do not represent the views of Soomzone .
8. THIRD PARTY WEBSITES
As a convenience to Soomzone customers, the Soomzone site may include links to other websites or material. Soomzone is not responsible for any of these websites or material, which is beyond its control.
9. ADVERTISING AND SPONSORSHIP
Some areas within the Soomzone site may contain advertising and sponsorship. Third party advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Soomzone site complies with relevant laws and codes. We will not be responsible for any error or inaccuracy in advertising and sponsorship material provided by third parties.
10. AVAILABILITY OF THE SOOMZONE SITE
10.1 Soomzone aims to offer a fault free service however If a fault occurs in the service you should report it to the customer services or by email at [email protected] and we will attempt to correct the fault at the earliest.
10.2 Soomzone site may be occasionally restrict access to the site to allow for repairs, maintenance or the introduction of new facilities or services.
10.3 Some purchases made through the Soomzone site will also be governed by specific product terms – If you are unsure about anything related to purchasing of any product please contact customer services for further assistance.
12. DESCRIPTIONS AND PRICES OF PRODUCTS
12.1 We have taken care to describe and show products as accurately as possible as uploaded by merchants. Despite this, products may vary from their descriptions, product images are for representation purposes only and may vary slightly from the actual product. If there is anything that you do not understand, or if you wish to obtain further information, please contact customer services. Descriptions/performances of products stated against each are based on the catalogue and technical literature printed by the manufacturers/agent. Therefore, the write up provided against each product is not that of Soomzone and subject to change without prior notice.
12.2 Price may differ between Soomzone merchant Stores and Soomzone ; you will be charged the price on the Soomzone site on the merchant page. We are under no obligation to honor any in-store price or promotion in the event that it differs from those on the Soomzone site.
12.3 In any case we have quoted a wrong price for a product, then we shall notify the actual price of the product you ordered before we dispatch the product to you so that you can decide whether you wish to proceed with the order at that price. If you decide not to proceed with the order of the product, we will give you full refund of the amount already paid for that product in accordance with our refund policy.
12.4 The price of a product does not include the delivery charge, which will depend on our policy and the delivery method you choose and will be added during checkout
13.1 All products advertised are subject to availability or while stocks last (as may be applicable).
13.2 We try to ensure that our merchants always stock the full product range before inputting on soomzone site and will let you know if the product is out of stock. In case the product get out of stock after your order, you will be notified and refund your full money in case you wish to cancel order.
13.3 In the interests of all our customers, we may place restrictions on bulk buying of some products. Soomzone reserves the right at our sole discretion, to limit the quantity per person, per household or per order. The said limitations may be applicable to orders placed by the same account, the same credit/debit card and also to orders that use the same billing and/or shipping address. Soomzone.com will provide notification to the customer should such limits be applied.
14. ACCEPTANCE OF ORDERS
14.1 Your order is an offer to buy from us. We will send you an order acknowledgement email /sms detailing the products you have ordered.
14.2 Nothing that we do or say will amount to any acceptance of your offer until we send you an email notifying you of approval of the order acknowledgment. At this point, a contract will be made between us for you to buy and us to sell the products that you have ordered from us.
14.3 Once the order is made, you cannot amend or cancel your order.
15.1 Delivery will be made to the address specified when you complete the order, is the product is not proposed for delivery locally at the merchant. At the time of delivery, identity verification of the Consignee by producing either an original ID card, passport, driving license, to support consignee verification, will be required by our courier partners.
15.2 Please note that our merchants require a proof of delivery of the product from customer (to protect the buyer, soomzone withhold the payment to merchant until satisfactory delivery of product to customer) to get the funds on the product sold from Soomzone. Pl. provide the proof at the counter or to the delivery agent along with identity verification of the Consignee by producing either an original ID card, passport, driving license, to support consignee verification.
15.3 We use a variety of delivery methods, depending on the size of the product you ordered.
15.4 Before ordering the product online you should check the following:
The item will fit through the doors.
The item will fit the exact space allocated in your house.
There is a clear path between the road and your front door.
If you live in an apartment the lift is adequate to take delivery in size and weight.
If there is any access difficulties please inform us in advance, on the day you should ensure that:
There is a clear path to your house.
Your floors are covered to prevent scuffing. If entry to your house is restricted due to accessibility, all charges to take it to your house should be borne by you, and advance intimate to us.
16. CANCELLING YOUR ORDER IF YOU CHANGE YOUR MIND
16.1 Once the customer has placed an order it cannot be cancelled after processing. If so delivery charges and 2% of value of the product will be deducted from the customer.
The customer agrees not to dispute the decision made by Soomzone and accept Soomzone decision regarding the cancellation.
17. FAULTY PRODUCTS
If you received a damaged product, then you may contact/register your complaint to our customer service or call our customer care number for further proceedings within 12 hours of the receipt. We require customer to check product upon receipt and confirm its working.
In case of non-availability of the stock, the company shall refund the full amount paid by the customer. The customer will not be liable to get any compensation for any reason whatsoever, including non-availability of the stock/product, delay in delivery and service.
The refund will be credited within 7 – 10 working days after acceptance.
19. PAYMENTS AND CARDS -
19.1 Payment for your products will be taken at the time you place your order, payments are done through a professional third party Cyber source payment gateway.
19.2 Your credit/debit card details will be encrypted to the highest standard and held on the Cyber source Host payment gateway, secure from hackers.
19.3 When ordering from the Soomzone site we accept orders only from web browsers that permit communication through Secure Socket Lawyer (SSL) technology, for example a 7.0 version or higher of Internet Explorer, version 3.5 or higher of Firefox, Chrome version 10 or higher and Safari version 5 of higher. This means that you cannot inadvertently place an order through an unsecured connection.
20. FREE GIFTS AND PROMOTIONAL PRODUCTS
20.1 Free gifts and promotional products that are given away in conjunction with a purchase may be dispatched to you separately and delivery times may vary.
20.2 If you change your mind and return your product, you must also return any free gift or promotional product associated with the promotion and received by you as a result of that order.
We may update these Terms & Conditions from time to time and any changes will be notified via a suitable announcement in the Soomzone site. The changes will apply to the use of the Soomzone site after we have given notice. If you do not wish to accept the new Terms and Conditions, you should not continue to use the Soomzone site (including purchasing any products on the Soomzone site). If you continue to use the Soomzone site after the date on which the change comes into effect, your use of the Soomzone site indicates your acceptance of the new Terms and Conditions.
22. RIGHT TO SUSPEND OR CLOSE YOUR ACCOUNT
22.1 We may suspend or close your account immediately at our reasonable discretion or if you breach any of your obligations under these Terms and Conditions. You will not be able to order products on the Soomzone site if your account is suspended or closed.
23.2 The Soomzone site may provide content from other internet sites or resources and while Soomzone tries to ensure that material included on the Soomzone site is correct, reputable and of high quality, it cannot accept responsibility if this is not the case. Soomzone will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems, you may experience with the Soomzone site. If Soomzone is informed of any inaccuracies in the material on the Soomzone site we will attempt to correct the inaccuracies at the earliest (email us such information at [email protected]).
24.1 You may not transfer any of your rights under these Terms and Conditions to any other person. We may transfer our rights under these Terms and Conditions to another business where we reasonably believe your rights will not be affected.
24.2 If you breach any of the Terms and Conditions and we choose to ignore this, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach these Terms and Conditions.
24.3 Neither party shall be responsible for any breach of these Terms and Conditions, caused by circumstances beyond that party's control.
24.4 Except as expressly set out in these Terms and Conditions, all use of your personal information will be made in accordance with our Privacy and Cookies Policy.
25. CUSTOMER SERVICES
If you have any queries, please contact us online [email protected] or via telephone +91-9207772801
Soomzone Ecommerce Agencies Pvt Ltd.
Bluemoon Bulding, Bypass Road, Kothamangalam, Kochi, Kerala, India 686691
Terms & Conditions for Rental Cab services.
These terms and conditions (“User Terms”) apply to Your visit to and use, of the Site whether through a computer or a mobile phone, application the Service , as well as to all information, recommendations and or services provided to You on or through the Site, the Service and the Application. This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. By clicking on the “I ACCEPT” button, You are consenting to be bound by these User Terms. PLEASE ENSURE THAT YOU READ AND UNDERSTAND ALL THESE USER TERMS BEFORE YOU USE THE SITE. If You do not accept any of the User Terms, then please do not use the Site or avail any of the services being provided therein.. By accepting these User Terms, you also allow soomzone to send you promotional emails and SMS alerts from time to time. .
All of the defined and capitalized terms in these User Terms will have the meaning assigned to them here below:
(i) “Account” shall mean the account created by the Customer on the site for availing the Services provided by soomzone.
(ii) (ii) “Additional Fee” shall mean any toll duty, inter-state taxes, etc. as may not be included in the Fare but payable to any third party / government authorities for undertaking the Ride under Applicable Law
(iii) (iii) “Applicable Laws” shall mean and include all applicable statutes, enactments, acts of legislature or parliament, laws, ordinances, rules, by-laws, regulations, notifications, guidelines, policies, directions, directives and orders of any governmental authority, tribunal, or a court of India.
(iv) (iv) “Application” shall mean the mobile application “soomzone Cabs” updated by soomzone from time to time.
(v) (v) “Convenience Fee” shall mean the fee payable by the Customer to soomzone for the Service i.e., for availing the technology services offered by soomzone. Convenience Fee shall be chargeable on every booking made through the Site. The Convenience Fee shall be exclusive of all applicable taxes on the Convenience Fee, if any.
(vi) (vi) “Cancellation Fee” shall mean the fare and Convenience Fee payable towards cancellation of a Ride by a Customer in terms of these User. The Cancellation Fee shall be exclusive of all applicable taxes on the Cancellation Fee, if any.
(vii) (vii) “City of Operation” shall mean a city in which the Customers avail and render the transportation services respectively.
(viii) “Customer” means a person who has an Account with soomzone website.
(ix) “Driver” shall mean and include such individuals as may be evaluated, appointed and trained by an operator associated with us to provide the transportation services on its behalf and persons who are registered with soomzone and own the Vehicles and who have necessary city taxi permits and licenses to provide transportation services within the City of Operation.
(x) “E-Wallet” shall mean a pre-paid instrument, which can be used to make payments.
(xi) “Fare” shall mean such amount in Indian Rupees, which is reflected on the Application, as the fare payable for the specific Ride performed by a Driver . The Fare shall be exclusive of all applicable taxes on the Fare, if any.
(xii) “Force Majeure Event” shall mean any event arising due to any cause beyond the reasonable control of soomzone.
(xiii) Soomzone shall mean soomzone E-commerce agencies Pvt Ltd, a company incorporated under the provisions of the Companies Act, 1956 and having its corporate office at G & L1, Regus, Tradecentre, BKC, Bandra, Mumbai 400051 , which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to mean and include all its successors, affiliates and permitted assigns.
(xiv) “Registration Data” shall mean and may include the present, valid, true and accurate name, email ID, phone number and such other information as may be required by soomzone from the Customer from time to time for registration on the Application.
(xv) “Ride” shall mean the travel in the Vehicle by the Customer facilitated through the Site.
(xvi) ( “Service(s)” means the facilitation of transportation service by soomzone through the Application or via a telephone request at the call centre of Soomzone, or booking on the Site, within the City of Operation, as elaborated in Clause 4.
(xvii) “Site” shall mean the Application and the website https://www.soomzone.com/ operated by soomzone or any other software that enables the use of the Application or such other URL as may be specifically provided by Soomzone.
(xviii) “Total Ride Fee” shall mean and include the Fare, the Convenience Fee, the Cancellation Fee and Additional Fee and taxes as may be applicable from time to time.
(xix) “T&Cs” and “User Terms” shall mean these Customer terms and conditions.
(xx) “Vehicle” shall mean a motor cab as defined under the Motor Vehicles Act, 1988.
2.1 You will be “Eligible” to use the Services only when You fulfil all of the following conditions:
(i) You have attained at least 18 (eighteen) years of age.
(ii) You are competent to enter into a contract under the Applicable Laws.
If You reside in a jurisdiction that restricts the use of the Service because of age, or restricts the ability to enter into contracts such as this User Terms due to age, You must abide by such age limits.
3. REGISTRATION AND ACCOUNT
3.1 You understand and acknowledge that You can register on the Site only after complying with the requirements of this Clause 3 and by entering Your Registration Data.
3.2 You shall ensure that the Registration Data provided by You is accurate, complete, current, valid and true and is updated from time to time. We shall bear no liability for false, incomplete, old or incorrect Registration Data provided by You.
3.3 You are solely responsible for maintaining the confidentiality of Your Registration Data and will be liable for all activities and transactions that occur through Your Account, whether initiated by You or any third party. Your Account cannot be transferred, assigned or sold to a third party. We shall not be liable for any loss that You may incur as a result of someone else using Your password or Account, either with or without Your knowledge.
3.4 We reserve the right to suspend or terminate Your Account with immediate effect and for an indefinite period, if We have a reason to believe that the Registration Data or any other data provided by You is incorrect or false, or that the security of Your Account has been compromised in any way, or for any other reason We may find just or equitable.
3.5 Except for the Registration Data or any other data submitted by You during the use of any other service offered through Site (“Permitted Information”), Soomzone does not want You to, and You should not, send any confidential or proprietary information to Soomzone on the Site or otherwise, unless otherwise is required by Applicable Laws. In accepting these User Terms You agree that any information or materials that You or individuals acting on Your behalf provide to Soomzone other than the Permitted Information will not be considered confidential or proprietary.
3.6 It is Your responsibility to check to ensure that You download the correct application for Your device. We are not liable if You do not have a compatible mobile device or if You download the wrong version of the Application for Your mobile device. We reserve the right to terminate the Service and the use of the Application should You be using the Service or Application with an incompatible or unauthorized device.
3.7 We allow You to open only one Account in association with the Registration Data provided by You. In case of any unauthorized use of Your Account please immediately reach Us at [email protected]
3.8 In case, You are unable to access Your Account, please inform Us at customercare @ soomzone.com and make a written request for blocking Your Account. We will not be liable for any unauthorized transactions made through Your Account prior to the expiry of 72 (seventy two) hours after You have made a request in writing for blocking Your Account, and shall not have any liability in case of Force Majeure Event.
4.1. The Site permits only transportation services of soomzone .We allows You to send a request through Soomzone to a Driver on the Soomzone network. The Driver has sole and complete discretion to accept or reject each request for Service. If the Driver accepts a request, Soomzone (where any taxi , car,van,tempo,auto notifies You and provides information’s. Soomzone regarding the Driver - including Driver name, Vehicle license number, telephone contact details of the Driver and such other details as Soomzone may determine.
4.2. Soomzone shall procure reasonable efforts to bring You into contact with a Driver, subject to the availability of Driver in or around Your location at the moment of Your request for such services.
4.3. By using the Application or the Service, You further agree that:
(i) You will only use the Service or download the Application for Your sole, personal use and will not resell or assign it to a third party;
(ii) You will not use an account that is subject to any rights of a person other than You without appropriate authorization;
(iii) You will not use the Service or Site for unlawful purposes;
(iv) You will not try to harm the Service, Site or our network in any way whatsoever;
(v) You will provide Soomzone with such information and documents which Soomzone may reasonably request;
(vi) You will only use an authorized network to avail the Service;
(vii) You are aware that when requesting Services, whether by message, via Site or calling the call centre of Soomzone, standard messaging charges, data charges, voice charges, as applicable, of the Your and Our phone network service providers, will apply;
(viii) You will comply with all Applicable Law from Your country of domicile and residence and the country, state and/or city in which You are present while using the Site or Service; and
(ix) You are aware of and shall comply with the Information Technology Act, 2000 and the rules, regulations and guidelines notified thereunder.
4.4. Soomzone reserves the right to immediately terminate the Service and the use of the Application in the event of non-compliance with any of the above requirements. Further, Soomzone will store the information provided by You or record your calls for contacting You for all Service related matters. You shall promptly inform Soomzone on any change in the information provided by You. 4.5. Soomzone or an authorised representative of Soomzone, shall provide information regarding services, discounts and promotions provided by soomzzone to You by way of an SMS or email to Your registered mobile number/registered email ID.
4.6. SOOMZONE WILL BE ENTITLED TO PROCESS AND TRANSFER YOUR INFORMATION AS AND WHEN IT DEEMS FIT AND IT MAY STORE OR TRANSFER YOUR INFORMATION IN A SERVER OUTSIDE INDIA OR THE COUNTRY WHERE YOU ARE LOCATED IN ORDER TO PERFORM SOMZONE’S OBLIGATIONS UNDER THESE CUSTOMER T&C.
4.7 You agree to grant Soomzone a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights You have in your information, in any media now known or not currently known, with respect to Your information. YOU AGREE AND PERMIT SOOMZONE TO SHARE YOUR INFORMATION AND/OR PERMITTED INFORMATION, WITH THIRD PARTIES.
4.8. Soomzone will be entitled to enter into any tie-up in terms of joint-venture or otherwise with any other institution engaged in the business of providing services analogous and/or similar to those herein contained. In such case, depending upon the modality and the mechanism as may be devised, You will be provided with the services by Soomzone jointly and/or severally with the party/ie; in joint venture. You hereby give Your irrevocable consent and permission to such a tie-up. In the event of such a tie-up, the terms and conditions herein contained will, mutatis mutandis, become applicable in respect of such tie-up arrangement also.
5. CONFIRMATION OF BOOKING
5.1. Soomzone shall, upon receiving the booking request from You in the manner set out above, proceed to confirm or decline the booking based on the availability of Vehicles at the pickup time, which shall be informed to You vide an SMS or email. In the event the booking is confirmed, You shall check the booking details including but not limited to pick up time and pick up place, and if there is incorrect detail, the same needs to be informed to us immediately by calling our call centre. 5.2. You shall bear the consequences and damages for any delay that may be caused to You due to Your failure to check the confirmation SMS or email or failure to inform Soomzone of the incorrect details immediately.
6.1. Soomzone shall charge Convenience Fee for the Service which shall be determined and amended at the sole and absolute discretion of Soomzone. The Convenience Fee shall be payable by you to Soomzone and shall be informed to you. .
6.2. You shall be required to pay such Additional Fee, which will form part of the receipt of the Total Ride Fee.
6.3. You shall be required to pay such Cancellation Fee in terms of Clause 7, which will form part of the receipt of the Total Ride Fee.
6.4. In addition to the Total Ride Fee, You may be required to pay such other charges incurred by you during the Ride in cash, which are not included in the receipt of the Total Ride Fee.
6.5. The Total Ride Fee will be collected by the Driver or Soomzone from You at the end of the Ride, as set out in Clause 6.6 below.
6.6. Soomzone shall provide a receipt of the Total Ride Fee payable by You at the end of the Ride, however, separate invoices raised for the Fare and Additional Fee, and the Convenience Fee raised by Soomzone shall be provided to You on request. You may raise a request for a copy of the invoices from Support page.
6.8. All applicable taxes in respect of the Fare, Convenience Fee, Additional Fee, Cancellation Fee shall be borne and payable by You to the Soomzone, as the case may be.
6.9. You shall choose to pay for the Service Fee by either of the following four methods:
i. Cash payment: Cash payment towards the Total Ride Fee after the completion of Ride can be made to the Driver..
ii. E-Wallet payment: Soomzone offers You the facility of making an online payment through an E-Wallet powered by a third party payment processor (“Payment Processor”). E-Wallet money will not be applicable on bookings made through the phone or while the user is not logged into his/her Account on the Site. The processing of payments, in connection with Your use of the E-Wallet will be subject to the terms, conditions, and privacy policies of the Payment Processor that Soomzone engages for the purpose. Soomzone will not be responsible for any errors by the Payment Processor in any manner. Further, even in cases of E-Wallet payments, all Additional Fee (defined below) shall have to be paid by You in cash, to the authority or person concerned or if already paid by the Driver, to the Driver. When You choose to make an E-Wallet payment, Soomzone will give the payment, who will be responsible for providing the transportation services.
iii., all Additional Fee shall have to be paid by You in cash, to the authority or person concerned or if already paid by the Driver, to the Driver.
iv. Credit Card/ Debit Card/ Net Banking Payment: Total Ride Fee shall be effected using the services of an entity providing payment gateway/processor services (“PG”), authorized by Soomzone. Such PG may either be Soomzone or any of its affiliates or partners or unrelated third parties. You agree and undertake to share relevant payment details including credit/debit card details (Card Details) with the PG for the successful completion of payment towards Total Ride Fee to Soomzone and authorize the PG to complete such transactions. In this respect, it is clarified that all PGs whose services are utilized for the purposes of the Site and/or Application and/or Services shall be PCI-DSS (Payment Card Industry – Data Security Standard) compliant. Your authorization permits the PG to debit or credit the bank account associated with Your payment details. Your authorization further permits the PG to use Your Card Details for the processing of transactions initiated by You at any of Soomzone’s affiliates. Your authorization will remain in effect as long as You maintain an Account with Us. In the event You delete Your Card Details with the PG or if You delete Your Account, the PG will not process any further transactions initiated by You at the Site or Application and at the sites of any of Soomzone’s affiliates. Your authorization under this clause is subject to any other terms and conditions of the PG.
6.10. Any payment related issue, except when such issue is due to an error or fault in the Site, shall be resolved between You and the Payment Processor. Soomzone shall not be responsible for any unauthorized use of Your E-Wallet during or after availing the Services on the Site.
7. CANCELLATION POLICY
7.1. You agree and acknowledge that You may cancel Your request for a Vehicle from a Driver at any point of time subject to a Cancellation Fee as explained below:
In Micro/Mini/Prime/Sedan/Suv/Luxury/Rental/auto/van/tempo Cancellation fee will be charged
- · If you cancel after 5 minutes after the cab is allotted or
- · If a driver cancels after waiting at your location for more than 10 minutes
- · Notwithstanding the foregoing, if the Driver is delayed by more than five (5) minutes to pick You, You will not be charged any Cancellation Fee.
7.2. You shall be notified of the applicable Cancellation Fee in advance whenever You attempt to cancel a booking/service request. The notification shall be on the Application and/or the Site.
7.3. Soomzone shall provide a receipt of the Cancellation Fee, if any, payable by You for every cancellation in terms of the table above for such cancellations, however, separate invoices raised by the Soomzone s for the Cancellation Fee, and Soomzone for the Convenience Fee on cancellations shall be provided to You on request. You may raise a request for a copy of the invoices from Support page.
7.4. The Cancellation Fee shall be payable by You at the completion of Your subsequent Ride.
7.5. The mode of payment of the Cancellation Fee shall be in terms of Clause 7 of these User Terms. 7.6. This Clause 7 shall not apply to corporate rides availed pursuant to the terms and conditions.
8. USER VISOOMZONETION OF USER TERMS
8.1. You shall not smoke and drink in the Vehicles or misbehave with the Driver or act in viSoomzonetion of Applicable Law. In the event You are found to be involved in the activities set out above, You shall be liable to pay a fine to us and we shall also have the right to terminate the Ride. In the event You fail to pay fine after the completion of the Ride, we may at our discretion, take such steps as may be available to us under Applicable Law. You shall also be blacklisted as a result of non-payment of the fine or misbehaving as the case may be, and in such event, Your Account may be terminated by Soomzone.
9. CUSTOMER RELATIONSHIP MANAGEMENT
9.1. All issues, opinions, suggestions, questions and feedback while availing our Services shall be communicated to us through email address mentioned in Clause 22.2. In case of a Ride booked on our Application, You shall be required to rate the Ride after its termination. You agree to be fair, accurate and non-disparaging while leaving comment, feedbacks, testimonials or reviews on or about the Rides or Services.
9.2. Reporting of any issue needs to be within 7 (seven) days of the happening of the issue, failing which, such issue will not be addressed.
9.3. Any issue reported on channels other than the above may be addressed by Soomzone only on a best-effort basis. Soomzone takes no liability for inability to get back on other channels.
9.4. Soomzone shall endeavour to respond to Your issues within 2 (two) working days of Your reporting the same and endeavour to resolve it at the earliest possible. It is hereby clarified that issues are resolved on severity basis, and certain may be resolved earlier than the other. However, Soomzone shall not be liable for any damages or losses in the event You are not satisfied with any such resolution.
10. FORCE MAJEURE
10.1. We shall not be liable for any failure to perform any obligations under this User Terms, if the performance is prevented, hindered or delayed by a Force Majeure Event and in such case our obligations under this User Terms shall be suspended for so long as the Force Majeure Event continues.
11.1. By accepting these User Terms and using the Service, You agree that You shall defend, indemnify and hold Soomzone, their affiliates, their licensors, and each of their officers, directors, other users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (a) Your viSoomzonetion or breach of any term of these User Terms or any Applicable Law or regulation, whether or not referenced herein; (b) Your viSoomzonetion of any rights of any third party, or (c) Your use or misuse of the Application or Service.
12.1. The information, recommendations and/or Services provided to You on or through the Site, the Application and Soomzone call centre are for general information purposes only and does not constitute advice. Soomzone will reasonably keep the Site and its contents correct and up to date but does not guarantee that (the contents of) the Site is free of errors, defects, malware and viruses or that the Site is correct, up to date and accurate.
12.2. Soomzone shall not be liable for You missing trains/flights/events or delays etc as the Service is dependent on many factors not in Soomzone’s control. You must book Your Ride after taking into account the check-in time, traffic and weather conditions, political rallies, natural calamities, traffic barricades, car breakdowns and other un-expected delays.
12.3. In the event, there is a delay by the Vehicle in reaching the pickup location beyond 30 (thirty) minutes of the pickup time, Soomzone shall only endeavour to get You in touch with the Driver assigned for Your Ride.
12.4. Soomzone shall not be liable for any damages resulting from the use of or inability to use the Site, including damages caused by wrong usage of the Site, error in call centre number, network issues, malware, viruses or any incorrectness or incompleteness of the Information or the or Application.
12.5. You shall take full responsibility of Your items and luggage. In case of lost items inside the Vehicle during the journey, Soomzone will try to locate the items on a “best-effort” basis but is not responsible for the same in case of loss or damage to the same. If You leave any goods in the Vehicle or have any complaint in respect of the Services or the use of the Vehicle, You have to inform Soomzone of the same in writing within 24 (twenty four) hours of using the Vehicle or the Services of Soomzone. In the event it is found, You shall be informed about the Cabs whereabout from where You can collect it within 7 working days from the date You were informed. Soomzone however shall not be responsible for delivering the same back to You. If requested, Soomzone may deliver the misplaced item/s back to You after 7 (three) working days from the date You were informed, subject to the place of delivery being twenty (20) kms from the Cab service booked. Soomzone shall charge You a flat fee of Rs 1000 for such delivery.
12.6. Soomzone does not assure a complete sustainability of its Service and shall not be held responsible or liable for the same, in any manner.
12.7. Soomzone shall not be responsible for any loss of communication / information of status update and benefits under the program. All this information will be sent on mobile number and/or email ID registered with Soomzone. Soomzone will not be responsible for appropriateness of mobile or email or any other communication medium. You shall be responsible for immediately reporting the errors, if any, occurred in the information sent to You regarding booking confirmation.
12.8. IN NO EVENT SHALL SOOMZONE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES WHATSOEVER, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SOOMZONE HAS BEEN ADVISED OF THE POSSIBILITY THEREOF.
12.9. IN ADDITION, AND WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SOOMZONE’s AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE USER TERMS OR THE SERVICES RENDERED HEREUNDER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHER THEORY), WARRANTY, OR OTHERWISE, EXCEED THE AMOUNT OF Rs. 1000/- (Rupees One Thousand only).
12.10. If Applicable Law does not permit the exclusion of certain warranties or the limitation or exclusion of liability, the scope and duration of such warranty exclusions and the extent of the liability of Soomzone shall be the minimum permitted under Applicable Law.
13. APPLICATION LICENSE
13.1. Subject to Your compliance with these User Terms, Soomzone grants You a limited, revocable, non-exclusive, non-transferable and non sub licensable license to download and install a copy of the Application on a single mobile device that You own or control and to run such copy of the Application solely for Your own personal use and to use the Site.
13.2. You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or Site in any way; (ii) modify or make derivative works based upon the Service or Application; (iii) create Internet “links” to the Service or “frame” or “mirror” any Site on any other server or wireless or Internet-based 12 Soomzone e-commerce pvt ltd | (iv) reverse engineer or access the Site in order to (a) design or build a competitive product or service, (b) design or build a product using similar ideas, features, functions or graphics of the Service or Site, or (c) copy any ideas, features, functions or graphics of the Service or Site, or (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Service or Site.
13.3. You shall not: (i) send spam or otherwise duplicative or unsolicited messages in viSoomzonetion of applicable laws; (ii) send or store infringing, obscene, threatening, libellous, or otherwise unlawful or tortuous material, including material harmful to children or viSoomzonetion of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Site, the Application or Service or the data contained therein; or (v) attempt to gain unauthorized access to the Site, the Application or Service or its related systems or networks.
13.4. Soomzone will have the right to investigate and prosecute viSoomzonetions of any of the above to the fullest extent of the law. Soomzone may involve and cooperate with law enforcement authorities in prosecuting users who viSoomzonete these User Terms. You acknowledge that Soomzone has no obligation to monitor Your access to or use of the Site, Service or Posted Content, but has the right to do so for the purpose of operating the Site and Service, to ensure Your compliance with these User Terms, or to comply with Applicable Law or the order or requirement of a court, administrative agency or other Governmental body. Soomzone reserves the right, at any time and without prior notice, to remove or disable access to any content that Soomzone, at its sole discretion, considers to be in viSoomzonetion of these User Terms or otherwise harmful to the Site, the Service or Application.
14. CONTENT POSTED BY CUSTOMERS
14.1. Soomzone may accept posting of any notes, messages, e-mails, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information given by you on the Site (“Posted Content”) by You. You represent that You have obtained all permissions and consents required to post the Posted Content and such Posted Content complies with all requirements of the Posted Content. Soomzone shall not in any manner be responsible for or endorse the Posted Content.
14.2. You agree that when posting Posted Content, You will not:
(i) Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, blasphemous, pornographic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful material or information. 13 | SOOMZONE E-COMMERSE AGENCIES PVT LTD
(ii) Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless You own or control the rights thereto or have received all necessary consents.
(iii) Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
(iv) Advertise or offer to sell or buy any goods or services for any business purpose, unless the Site specifically allows such messages.
(v) Conduct or forward surveys, contests, pyramid schemes or chain letters.
(vi) Download any file posted by another user that You know, or reasonably should know, cannot be legally distributed in such manner.
(vii) 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.
(viii) Deceive or mislead the addressee about the origin of a messages or communicate any information which is grossly offensive or menacing in nature.
(ix) Restrict or inhibit any other user from using and enjoying the Site.
(x) ViSoomzonete any code of conduct or other guidelines which may be applicable for any particular Posted Content.
(xi) Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
(xii) Threaten 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.
(xiii) ViSoomzonete any Applicable Laws or regulations including the Information Technology Act, 2000 and the rules, regulations and guidelines notified thereunder.
15. INTELLECTUAL PROPERTY OWNERSHIP
15.1. Soomzone alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to
(i) The Site, Application and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations;
(ii) Text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code; or
(iii) Other information provided by You or any other party relating to the Site, Application or the Service. Third party trademarks may appear on this Site/ Application and all rights therein are reserved to the registered owners of those trademarks. For use of any third party's intellectual property, You need to get permission directly from the owner of the intellectual property for any use. 15.2. These User Terms do not constitute a sale and do not convey to You any rights of ownership in or related to the Site, the Application or the Service, or any 14 | SOOMZONE E-COMMERCE PVT LTD | intellectual property rights owned by Soomzone. You shall be solely responsible for any viSoomzonetions of any laws and for any infringements of any intellectual property rights caused by use of the Services or the Site/ Application.
15.3. You may use information on the Site purposely made available by Soomzone for downloading from the Site, provided that You:
(i) do not remove any proprietary notice language in all copies of such documents and make no modifications to the information;
(ii) use such information only for Your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media; or
(iii) do not make any additional representations or warranties relating to such information.
16.1. If permitted by Soomzone, You may establish a hypertext link to the Site, provided that the link does not state or imply any sponsorship or endorsement of Your site by Us. You must not use on Your site or in any other manner any Soomzone trademarks or service marks or any Content belonging to Soomzone and appearing on the Site, including any logos or characters, without our express written consent. You must not frame or otherwise incorporate into another third party website or present in conjunction with or juxtaposed against such a website any of the content or other materials on the Site without our prior written consent.
17. TERM AND TERMINATION OF LICENSE AGREEMENT
17.1. Unless terminated in accordance with this Clause 17, the agreement between Soomzone and You is perpetual in nature upon downloading the Application and for each Ride booked through the Site.
17.2. You are entitled to terminate the agreement at all times by deletion of Your Account, thus disabling the use by You of the Site. You can close Your Account at any time by following the instructions on the Site.
17.3. Soomzone is entitled to terminate the agreement at all times and with immediate effect (by disabling Your use of the Site and the Service) if You: (a) viSoomzonete or breach any term of these User Terms, or (b) in the opinion of Soomzone, misuse the Application or the Service. Soomzone is not obliged to give notice of the termination of the agreement in advance. After termination Soomzone will give notice thereof in accordance with these User Terms.
17.4. Termination of this agreement will not prejudice accrued rights of either Soomzone or You.
17.5. Clauses 11 (Indemnification), 12 (Liability), 13 (Application License), 14 (Contents posted on Site/ Application), 15 (Intellectual Property Ownership), 17 (Term and Termination), 22 (Notice) and 24 (Applicable Law and Dispute 15| SOOMZONE E-COMMERCE PVT LTD|) and such other provisions which are intended to survive the termination, shall survive the expiry/termination of these User Terms in accordance with their terms.
18. INVALIDITY OF ONE OR MORE PROVISIONS
18.1. The invalidity of any term of these User Terms shall not affect the validity of the other provisions of these User Terms. If and to the extent that any provision of these User Terms is invalid, or is unacceptable in the given circumstances, a provision shall apply between the parties instead that is acceptable considering all the circumstances, taking into account the content and the purpose of these User Terms.
In the event of any contradiction or inconsistency between this User Terms and any other agreement executed between You and Soomzone, the terms of the User Terms shall prevail unless the exception has been expressly agreed to in writing by making reference to the relevant Clause sought to be modified under this User Terms.
20.1. You agree that Soomzone is merely an electronic platform to facilitate aggregation of Vehicles and does not in any manner provide transportation services. Soomzone does not endorse, advertise, advise or recommend You to avail the Services of any Driver. Soomzone also does not guarantee or provide assurance in respect of the behaviour, actions or data of the users posted on the Site.
20.2. We do not authorize anyone to make a warranty on Our behalf and You shall not rely on any statement of warranty as a warranty by Us.
20.3. Soomzone and their representatives, officers, employees, agents and contractors shall not be liable for any loss, damage, claim, expense, cost (including legal costs) or liability arising directly or indirectly from Your use or non-use of the Service or the Site, or Your reliance upon the Service or the information contained upon the Site (whether arising from Soomzone or any other person's negligence or otherwise).
20.4. This Site, Application and all content on the Site and the Application are provided on an “as is” basis without warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose. You acknowledge, by Your access of the Site and/or Application, that Your access of the Site and/or Application and availing of Services is at Your sole risk, that You assume full responsibility for Your access and use of the Site and/or Application, and that Soomzone shall not be liable for any damages of any kind related to Your access and use of this Site and/or Application. 16|SOOMZONE E-COMMERCE PVT LTD|
20.5. All images, audio, video and text in the Site and/or Application are only for illustrative purposes. None of the models, actors or products in the images, if any is endorsing the Services in any manner. Any resemblance of any matter to anybody or anything is purely unintentional and/or coincidental.
21. MODIFICATION OF THE SERVICE AND USER TERMS
21.1. Soomzone reserves the right, at its sole discretion, to modify or replace, in part or full, any of these User Terms, or change, suspend, block, discontinue or restrict your use to all or any feature of the Service or Application at any time.
21.2. Soomzone shall not be required to notify You of any changes made to these User Terms. The revised User Terms shall be made available on the Site. You are requested to regularly visit the Site to view the most current User Terms. You can determine when Soomzone last modified the User Terms by referring to the “Last Updated” legend above. It shall be Your responsibility to check these User Terms periodically for changes. Soomzone may require You to provide Your consent to the updated User Terms in a specified manner prior to any further use of the Site and the Services. If no such separate consent is sought, Your continued use of the Site, following the changes to the User Terms, will constitute Your acceptance of those changes. Your use of the Site and the Services is subject to the most current version of the User Terms made available on the Site at the time of such use.
22.1. Soomzone may give notice by means of a general notice on the Service or Application, or by electronic mail to Your email address or a message on Your registered mobile number, or by written communication sent by regular mail to Your address on record in Soomzone’s account information. 22.2. You may contact Soomzone by electronic mail at Our email address [email protected] or by written communication sent by regular mail to Our address at Bluemoon Bldg Bypass, kothamangalam , cochin-686691.
23.1. You shall not assign Your rights under these User Terms without prior written approval of Soomzone. Soomzone can assign its rights under the User Terms to any affiliate.
24. APPLICABLE LAW AND DISPUTE RESOLUTION
These User Terms are subject to the laws of India. Any dispute, claim or controversy arising out of or relating to these User Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Site, the Service or the Application (collectively, “Disputes”) the parties shall attempt to settle the same amicably, through negotiation and consultation at such offices of Soomzone as Soomzone may designate. In the event the dispute is not resolved internally between after at least 30 (thirty) days of negotiation, in good faith, the same shall be subject to binding and final arbitration in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time or in case the Arbitration and Conciliation Act, 1996 is no longer in force, as per any law relating to arbitration in force at the time of such reference. The reference shall be made to a sole arbitrator mutually appointed by Soomzone and You. The place of the arbitration shall be Mumbai, unless otherwise mutually agreed by Soomzone and You in writing. Subject to the above, any Dispute will be subject to the exclusive jurisdiction of courts in Mumbai,india.
TERMS OF SERVICE FLIGHT, HOTELS, BUS TOUR & TRAVEL
Website www.soomzone.com (the “Site”) including mobile site, Smartphone App Platforms such as Android, iOS, Windows is published and maintained by Soomzone ecommerce Agencies pvt Ltd (“Soomzone”), a company incorporated and existing in accordance with the laws of the Republic of India (together with its subsidiaries and other affiliates, “us”, “We”, “our” or “Soomzone”). By using the website or by using the Service on the website you agree to be bound by these terms and conditions set forth below including any additional guidelines and future modifications. When you access any sub-site, webpage, hyperlink (whether belonging to an ‘associate’ of Soomzone or otherwise) through this site, then such sub-site may have its own terms and conditions of use which is specific to such sub-site, webpage, hyperlink. The sub-sites, webpage, hyperlink may contain such additional terms and conditions of use as may be set out in such sub-sites, webpage, hyperlink.
Soomzone may add to, change or remove any part of these Terms and Conditions of Use at any time, without notice. Any changes to these Terms and Conditions of Use or any terms posted on this Site apply as soon as they are posted. You shall re-visit the “Terms & Conditions” link from time to time to stay abreast of any changes that the “Site” may introduce.
YOUR AGREEMENT TO THESE TERMS AND CONDITIONS FOR AVAILING SERVICES
The Terms and Conditions is a legal contract between you being, an individual customer, user, or beneficiary of this service, and Soomzone Ecommerce Agencies Pvt. Limited (Soomzone) having its registered office at G & L-1, Regus, Trade centre, BKC, Bandra, Mumbai - 400051.
Soomzone travel portal acts as an “Intermediary” solely to assist customers in gathering travel information, determining the availability of travel-related products and services, making legitimate reservations or otherwise transacting business with travel suppliers, and for facilitating travel requirements. You acknowledge that Soomzone merely provides intermediary services in order to facilitate services to you. Soomzone is not the last mile service provider to you and therefore Soomzone shall not be deemed to be responsible for any lack or deficiency of services provided by any person or entity including airline, hotel, activity provider or similar agency), you shall engage, hire from the content available on the Site.
USE OF WEBSITE :
As a condition of your use of this Website, you warrant that :
- You will use this Website to make only legitimate reservations for you or for another person for whom you are legally authorized to act.
- You will provide your proper and accurate Name (as per Passport or any other office ID), Address, Email ID, Cell Number . You will be solely responsible for the Information provided and in case of any error or mistake in provision of information, Soomzone will not be liable for the same.
- All information supplied by you on this Website is true, accurate, current and complete.
- If you have an online account with this Website, you will safeguard your login details – login ID and password and will supervise the same. You will be completely responsible for any use or misuse of your account by you and anyone other person other than you.
COMMUNICATION POLICY OF THE SITE :
- Upon transacting on the Site, you will receive an e-mail and/or sms from Soomzone informing the status of your transaction. The e-mail will be sent to e-mail address provided by you and Soomzone is not responsible towards the receipt of the said e-mail in your inbox. You will have to take due care and caution. You are responsible for entering the proper and accurate contact details including your name (as per Passport), email ID to ensure that we can effectively communicate with you.
- The customer acknowledges that the SMS (Short Messaging Service) provided by Soomzone is an additional facility provided for the customer’s convenience. It is not mandatory under the law in force to provide SMS service alerts to the customers. In case you do not receive any SMS for whatsoever reason, Soomzone is not liable for the same.
- Soomzone is not responsible to provide information on any change in flight schedules, cancellation, status of airline/hotel etc.
- Any grievance regarding the service should be communicated as per the grievance policy laid out herein.
SITE AND IT'S CONTENT :
This Site is only for your personal use. You shall not copy, license, adapt, distribute, exchange, modify, sell or transmit any content or material from this Site, including but not limited to any text, images, audio, video or links for any business, commercial or public purpose.
Soomzone grants you a non-exclusive, non-transferable, limited right to enter, view, use and transact on this Site. You agree not to interrupt or attempt to interrupt the operation of this Site in any way. Access to certain areas of the Site may only be available to registered members. To become a registered member, you may be required to answer certain questions and provide certain details. Answers to such questions and details are mandatory. You represent and warrant that all information you supply to us, about yourself, and others, is true and accurate.
You understand that except for information, products or services clearly indicated as being supplied by Soomzone, we do not operate, control, or endorse any information, products or services on the Internet in anyway. You also understand that Soomzone cannot and does not guarantee or warrant that files available for downloading through the Site will be free of viruses, worms or other code that may be damaging. You are responsible for implementing procedures to satisfy your particular requirements and for accuracy of data input and output.
Soomzone may add, change, discontinue, remove or suspend any other Content or services posted on this Site, including features and specifications of products described or depicted on the Site, temporarily or permanently, at any time, without notice and without liability.
All materials on this Site, including but not limited to audio, images, software, text, icons and such like (the “Content”), are protected by copyright under international conventions and intellectual property laws. You cannot use or license the Content, except as specified herein. You agree to follow all instructions on this Site limiting the way you may use the Content.
There are a number of proprietary logos, service marks and trademarks found on this Site whether owned/used by Soomzone or otherwise. By displaying them on this Site, Soomzone is not granting you any license to utilize those proprietary logos, service marks, or trademarks. Any unauthorized use of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity, civil and criminal statutes.
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..
AVAILABILITY, RULES OF SERVICE :
The products and services displayed on the Site may not be available for purchase in your particular country or locality. The reference to such products and services on the Site does not imply or warrant that these products or services will be available at any time in your particular geographical location. The products and services also are subject to availability, Soomzone shall not be responsible if at the time of completing the transaction on the Site, the product is not available or is sold out. You should check with customer support (add hyper link) for the availability of specific products and services in your area.
All the products and services available on the Website are governed by the rules of service and regulations including the terms of contract of carriage, of the respective service provider. You are requested to refer to, acquaint and abide by those rules of service and regulations of the respective service provider, prior to booking with us.
VISA GUIDELINES :
Please carry a valid visa for the country you will be visiting or transiting through. Please check with the concerned airline and embassy for concerned Visa requirements.
If you send any communications or materials to Soomzone by electronic mail or otherwise, including any comments, data, questions, suggestions or the like, all such communications are, and will be treated by Soomzone, as non-confidential.
You hereby give up any and all claim that any use of such material violates any of your rights including moral rights, privacy rights, proprietary or other property rights, publicity rights, rights to credit for material or ideas, or any other right, including the right to approve the way Soomzone uses such material.
Any material submitted to this Site may be adapted, broadcasted, changed, copied, disclosed, licensed, performed, posted, published, sold, transmitted or used by Soomzone anywhere in the world, in any medium, forever.
OTHER'S RIGHTS :
If this Site contains bulletin boards, chat rooms, blogs, access to mailing lists or other message or communication facilities, you agree to use the same only to send and receive messages and materials that are proper and related thereto. By way of example and not as a limitation, you agree that when using the Site or any facility available here from, you shall not do any of the following :
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful material or information.
- Upload or attach files that contain software or other material protected by intellectual property laws (or by rights of privacy and publicity) unless the User owns or controls the rights thereto or has received all consents thereof as may be required by law.
- Upload or attach files that contain viruses, corrupted files or any other similar software or programs that may damage the operation of another’s computer.
- Delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded.
- Falsify the origin or source of software or other material contained in a file that is uploaded.
- Advertise or offer to sell any goods or services, or conduct or forward surveys, contests or chain letters, or download any file posted by another user of a Forum that the User knows, or reasonably should know, cannot be legally distributed in such manner.
- Use this Website or its contents for any commercial purpose.
- Make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand.
- 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.
- 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.
- Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure
- 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
- 'Frame’, ‘mirror’ or otherwise incorporate any part of this Website into any other website without our prior written authorization.
- Not to host, display, upload, modify, publish, transmit, update or share the following:
- Information belonging to another person for which the user does not have any right.
- Information that is hateful, grossly harmful including harmful to minors, pedophilic, invasive of another privacy, racially, ethnically objectionable, disparaging, encouraging money laundering or gambling.
- Information that infringes any Patent, Trademark, Copyright or other Proprietary rights.
- Information that deceives or misleads the addressee about the origin of such message or communicates any information which is grossly offensive or menacing in nature.
- Information that threatens the unity, integrity, defense, Security or Sovereignty of India, friendly relation with foreign states or Public order or cause incitement to the commission of any cognizable offence or prevents investigation of any offence or insulting any other nation.
- Information that impersonates another person.
If your booking or account shows signs of fraud, abuse, or suspicious activity, Soomzone may cancel any travel or service reservations associated with your name, email address, or account, and close any associated Soomzone accounts. In addition, Soomzone may verify (i.e. preauthorize) your credit card. If you have conducted any fraudulent activity, Soomzone reserves the right to take any necessary legal action and you may be liable for monetary losses to Soomzone, including litigation costs and damages. To contest the cancellation of a booking or freezing or closure of an account, please contact Soomzone Customer Service.
Soomzone reserves the right to undertake all necessary steps to ensure that the security, safety and integrity of Soomzone’s systems as well as its client’s interests are and remain, well-protected. Towards this end, Soomzone may take various steps to verify and confirm the authenticity, enforceability and validity of orders placed by you.
If Soomzone, in its sole and exclusive discretion, concludes that the said transactions are not or do not reasonably appear to be, authentic, enforceable or valid, then Soomzone may cancel the said orders at any time up before the scheduled time of departure of the relevant flight or before the expected date of visit to any property booked through Soomzone.
TRANSMITTED MATERIAL :
Internet transmissions are never completely private or secure. You understand that any message or information you send to this Site may be read or intercepted by others unless there is a special notice that a particular message (for example, credit card information) is encrypted (sent in code). Sending a message to Soomzone does not cause Soomzone to have any special responsibility to you.
The copyright in the contents of this website belong to Soomzone. Accordingly Soomzone reserves all rights. Copying of part or all the contents of this website without permission of Soomzone is prohibited except to the extent that such copying/printing is necessary for the purposes of availing of the paid services provided.
OFFERS, CONTESTS AND INTERACTIONS :
This Site may contain contests that require you to send in material or information about yourself or offer prizes. Each offers, contest and interactions has its own rules, which you must read and agree to before you participate.
DISCLAIMER AND NO WARRANTIES:
You acknowledge that Soomzone is an intermediary and is not liable for any 3rd party (suppliers) obligations due to rates, quality, and all other instances, whether to any such subscribers or otherwise. You expressly agree that use of the services and the site is at your sole risk. It is your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the site or on the internet generally. We do not warrant that the service will be uninterrupted or error-free or that defects in the site will be corrected.
The materials on this site are provided and “as available,” “with all faults” basis and without warranties or representations of any kind either expressed or implied. Information, software, products, and services contained on this website, and the inclusion or offering of any products or services on this website does not constitute any endorsement or recommendation of such products or services by Soomzone, Soomzone Affiliates and their respective suppliers. The material in this Site could include technical inaccuracies or typographical errors. Soomzone may make changes or improvements at any time. To the fullest extent permissible pursuant to applicable law, Soomzone disclaims all warranties of merchantability, relating to the information and description of the hotel , air or any other travel products displayed on this website (including, without limitation, the pricing, photographs, list of amenities, general product descriptions, etc.), much of which information is provided by the respective suppliers. Hotel or any other ratings displayed on this website are intended as only general guidelines, and Soomzone, Soomzone Affiliates and their respective suppliers do not guarantee the accuracy of the ratings. Soomzone, Soomzone Affiliates and their respective suppliers make no guarantees about the availability of specific products and services. Soomzone may make improvements and/or changes on this website at any time. Soomzone and its third party suppliers, licensors, and partners do not warrant or make any representations regarding the use or the results of the use of the services, the site or any reference sites in terms of correctness, accuracy, reliability, or otherwise.
Soomzone does not warrant that the functions contained in this site will be uninterrupted or error free, that defects will be corrected, or that this site or the servers that make it available are free of viruses or other harmful components, but shall endeavor to ensure your fullest satisfaction.
Soomzone does not warrant or make any representations regarding the use of or the result of the use of the material on the site in terms of their correctness, accuracy, reliability, or otherwise, insofar as such material is derived from other service providers such as airlines, hotel owners and tour operators.
You acknowledge that this Website is provided only on the basis set out in these terms and conditions. Your uninterrupted access or use of this Website on this basis may be prevented by certain factors outside our reasonable control including, without limitation, the unavailability, inoperability or interruption of the Internet or other telecommunications services or as a result of any maintenance or other service work carried out on this Website. Soomzone does not accept any responsibility and will not be liable for any loss or damage whatsoever arising out of or in connection with any ability/inability to access or to use the Site.
GENERAL PROVISIONS :
Indemnification and Limitation of Liability
You agree to indemnify, save, and hold Soomzone, its affiliates, contractors, employees, officers, directors and agents harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to your use or misuse of the Services or of the Site, any violation by you of this Agreement, or any breach of the representations, warranties, and covenants made by you herein.
In no event will Soomzone be liable to you for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to (i) this agreement, (ii) the services, the site or any reference site, or (iii) your use or inability to use the services, the site (including any and all materials) or any reference sites. In no event will Soomzone or any of its contractors, directors, employees, agents, third party partners, licensors or suppliers’ total liability to you for all damages, liabilities, losses, and causes of action arising out of or relating to (i) this Agreement, (ii) the Services, (iii) your use or inability to use the Services or the Site (including any and all Materials) or any Reference Sites, or (iv) any other interactions with Soomzone, however caused and whether arising in contract, tort including negligence, warranty or otherwise, exceed the amount paid by you, if any, for using the portion of the Services or the Site giving rise to the cause of action or One Thousand Rupees (Rs.1000), whichever is less.
Soomzone may provide you with notices and communications by email, regular mail or postings on the Site or by any other reasonable means. Except as otherwise set forth herein, notice to Soomzone must be sent by courier or registered mail and to Soomzone Ecommerce Agencies pvt ltd (Soomzone) at its Zonal office, Bluemoon Bldg, Bypass Road, Kothamangalam, Kochi – 686691
The failure of Soomzone to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Soomzone.
Either you or We may seek any interim or preliminary relief from a court of competent jurisdiction in Mumbai, India, necessary to protect the rights or the property of Soomzone (or its agents, suppliers, and subcontractors), pending the completion of arbitration.
GOVERNING LAW AND FORUM FOR DISPUTES :
Except as otherwise agreed by the parties or as described in the Arbitration section above, you agree that any claim or dispute you may have against Soomzone must be resolved by a court located in Mumbai, India. You agree to submit to the personal jurisdiction of the courts located within Mumbai, India for the purpose of litigating all such claims or disputes. This Agreement shall be governed by the laws of India, without giving effect to any principles of conflicts of law.
GRIEVANCE POLICY :
Soomzone strongly believes in a sincere and transparent approach to its users. You trust and love us and we would never put growth before trust. This policy document aims at minimizing instances of customer complaints, grievances and disappointments via channelized approach, review and redressal.
You can file a grievance / share feedback if you are disappointed with the services rendered by Soomzone or any other issues. You can give your grievance / feedback through email or snail mail.
In order to make Soomzone redressal channels more meaningful and effective, a structured system has been put in place. This system will ensure that the complaints are redressed seamlessly and well within the stipulated timeframe.
HOW TO REACH SOOMZONE :
For Service Related Issues
LEVEL 1 :
- You can write to us at [email protected]
- You can go to the main page and click on About and then click on Contact to submit your query along with the Trip ID/PNR.
LEVEL 2 :
- If the resolution you received does not meet your expectations within 72 hours of receipt of Level 1 grievance, please write to us at [email protected] along with the Trip ID
LEVEL 3 :
- If you are still not satisfied (after a period of 10 days from the date of receipt of Level 2 grievance), please write to:
Soomzone Ecommerce Agencies pvt Ltd.
Zonal office, Bluemoon Bldg, Bypass Road, Kothamangalam, Kochi – 686691
You should write your Trip ID provided at the time of booking along with your Contact number in all further communication with us regarding a particular issue. This enables us to help to resolve the grievance faster.