Terms & Conditions
GoL-E Service Private Ltd. (“GOL” or “Us” or “We” or “Our”)is a private limited company registered under the Companies Act, 2013 and having its registered office at Pallichal Road, Pyarry Junction, Thoppumpady, Cochin 682 005, Kerala, India. GOL owns and operates a digital platform (including the website www.goleservice.com and a mobile app; collectively the “Platform”) that promotes shopping, logistics, rooms & other services to the Union Territory of Lakshadweep, India(“Territory”).
These terms and conditions (“Terms”) govern the use of the Platform and the content appearing on the Platform by all users of the Platform, including users who are customers who make enquiries and/or avail services from the Platform or who are just browsing on the Platform(“Users” or “You” or “Your”). BY USING, ACCESSING OR AVAILING ANY PART OF THE SERVICE, OR POSTING ANY CONTENT FROM OR ON THE PLATFORM, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY ALL OF THE TERMS CONTAINED HEREIN WHETHER OR NOT YOU HAVE REGISTERED WITH GOL. If y ou do not agree to these Terms, please refrain from using Our Platform. These Terms are an electronic record generated by a computer system and do not require any physical or digital signatures. We reserve the right to modify or replace any of the terms herein at any time at our sole discretion. It is the User's responsibility to check these Terms periodically for changes. User's continued use of the Platform and the services offered through it following the posting of any changes to these Terms costitutes acceptance of those changes.
1. What is meant by Service?
a) The term Service referred to in these Terms shall refer to the services provided by GOL to Users of the Platform include the shopping, logistics, rooms booking & other services. Certain part of the Service available at the Platform may be subject to additional terms and conditions, which the User will be required to read and accept prior to availing of such Service(s). GOL is the aggregator/facilitator of the services that are offered and provided by multi e-commerce platform connects Users to such Merchants through the Platform. The Merchant may itself provide terms and guidelines that govern particular features, offers or the operating rules and policies applicable to each service that they offer. The User shall be responsible for ensuring compliance with the terms and guidelines or operating rules and policies of the Merchant with whom the User elects to deal, including without limitation terms and conditions set forth in a Merchant's fare rules, rules relating to any offers, safety guidelines and rules etc.
b) The responsibilities of GOL are limited to providing the Service by connecting the Merchants to Users as aforementioned and serving as the limited agent of each Merchant for the purpose of accepting payments from Users on behalf of the Merchant for the Merchant’s services booked through the Platform. GOL IS NOT A PARTY TO ANY AGREEMENT ENTERED INTO BETWEEN THE MERCHANTS AND THE USERS, NOR IS GOL AN AGENT OR INSURER .GOL DOES NOT OWN, SELL , RESELL , FURNISH, PROVIDE OR MANAGE ANY ACCOMODATION, SHOPPING, LOGISTICS, ROOMS & OTHER SERVICES FACILITY LISTED ON THE PLATFORM OR HAVE ANY CONTROL OVER THE CONDUCT OF MERCHANTS OR USERS OF THE SERVICE AND DISCLAIMS ALL LIABILITY IN THIS REGARD. GOL CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS ON THE PLATFORM AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY ACCOMODATION, ACTIVITY, ADVENTURE OR TRAVEL / TRANSPORT FACILITY LISTED ON THE PLATFORM AND IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY IN THIS REGARD.ANY B OOKING MADE BY THE USER SHALL BE MADE AT THE SOLE RISK AND RESPONSIBILITY OF THE USER.2. Who can use the Platform?
a) Use of the Platform is available only to persons who can form legally binding contracts under the Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including but not limited to minors, persons of unsound mind etc. are not eligible to use the Platform. If you use or transact on the Platform as a minor, such use or transaction shall be deemed to be made through your legal guardian or parents who have given their implied consent to allow their minor dependents to use this Platform, at the risks and consequences of the legal guardian or parents, as the case may be. GOL will not collect any personal data from minors. We encourage parents and legal guardians to monitor their minor dependent’s usage on the Platform and instruct such minor dependent to not to provide any personal information on the Platform as per Our PrivacyPolicy.
b) Subject to Your eligibility to use the Platform as set out in 2(a) above and other terms and conditions as set out in these Terms, GOL grants You a limited, non-exclusive, non-transferable license to access and view any content on the Platform and to avail the Service provided on the Platform solely for User's personal and non-commercial use. GOL may change, suspend or discontinue the Service at any time, including the availability of any feature, database, or content. GOL may also impose limits on certain features and Service or restrict User's access to parts or all of the Platform and/or Service without notice or liability.c)We reserve the right to terminate Your membership and/or refuse to provide You with access to the Platform if it is brought to Our notice or if it is discovered or if We have reason to believe that You are incompetent to contract, within the meaning of the Indian Contract Act, 1872. User shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to the Platform and access the Service, including, without limitation, modems, hardware, software, and long distance or local telephone service. User shall be responsible for ensuring that such equipment or ancillary services are compatible for usage of the Platform and/or Service.
3. How can a Service be booked?
a) GOL allows Users to book accommodation, activities, adventures,travel/transport facilitiesand such other services to or within the Territory (each a "Booking") as offered byMerchantslisted on the Platform.
b) The Platformmay be accessed without any registration. However, makingof any Bookingcan be only upon registration with GOL. To become a registered member, you may be required to answer certain questions or provide certain details. Answers to such questions or details required may be mandatory and/or optional. You represent and warrant that all information you supply to us, about yourself, and others, is true and accurate.Your registration will be successfully completed once you fill in all the relevant details and click acceptance of these Terms.c) If User is registering through third party sites or linkssuch as Facebook and Google, User shall be bound by the terms and conditions of useof such third party sites.If User decides to avail a Service through such third party site, User is doing so at its sole risk and responsibility.
d) GOL does not endorse any Merchant or services offered by them.
e) User shall provideGOLwith and maintain accurate, complete, and updated registration informationduring registration. Failure to do so shall constitute a breach of these Terms, which may result in immediate termination of User's account/registration. GOL reserves the right to refuse registration of, or cancel registration of the User in its discretion. User shall be responsible for maintaining the confidentiality and security of User's password and other account information and agrees to take sole responsibility for any activities or actions under User's username and password.GOLshall not be responsible for any direct, indirect loss or inconvenience resulting from misuse of User’s username or password.User shall immediately notify GOL of any unauthorized use of User’s username or password.User shall ensure that the User logs off at the end of each session at the Platform. GOLshall not be responsible for any, direct or indirect, loss or damage arising out of the User's failure to comply with this requirement. User grants GOL the right to disclose to third parties the registration information provided for the sole purpose of carrying out the Service.
f) Bookings for Private Properties:
i. When a Booking is requested via the Platform, by telephone or such other means as adopted by GOL, We will pass the same onto the Merchant who provides the Service for which the Booking is requested. Merchants of properties not belonging to the Government of the Territory (“Private Properties”) shall contact You directly and respond to your request for Booking to confirm whether or not the Service requested for is available on the date and such other particulars as per Your request. You may also raise any queries or concerns that you have in connection with the Booking directly with the Merchant. When making a Booking, User will have to provide certain identifying information (such as telephone number or email address among others) that will be used by the Merchant to confirm User’s identity prior to confirming the User’sBooking. For security purposes, a Merchant and/or GOLmay require that Userspresent valid Photo IDs, such as a passport or driver’s license. This is for identification purposes and helps GOL, and Merchants, prevent fraud.
ii. Once the Merchant has confirmed your identity and availabilityof the Booking requested for,you will receivefrom GOLan email and SMSof the same and if You decide to go ahead with the Booking, kindly proceed to make the payment for the Booking as indicated on the Platform and in accordance with these Terms. Once You have successfully made the payment for the Booking, You will receive an email and SMSfrom GOLconfirming receipt of payment and stating that your Booking is ‘Under Process’. Your Booking will remain ‘Under Process’ till the entry requirements for entry into the Territory (“Entry Permit”) has been obtained by You as per applicable laws and regulations. The Merchant will contact You and provide You the necessary assistance for availing the Entry Permit. You shall provide all information sought by the Merchant for the purpose of availing Entry Permit and follow the procedure and formalities for applying for itincluding but not limited to obtaining a police clearance certificate from Your nearest police station.
iii. The information and documents required from the User for availing Entry Permit or for confirming his/heridentity shall be collecteddirectlyby the Merchant through email or in such other manner as deemed appropriate by the Merchantand NOT by GOL. It shall be the sole responsibility of the Merchant to provide the relevant information, collect the requisite documents where relevant and to provide all assistance as may be required for obtaining the Entry Permitand/or to confirm a User’sidentity.Further, it shall be the sole responsibility of the Merchant to maintain the privacy of all documents and information submitted directly tothe Merchant as set out herein.In no event shall GOL be held liable for any claims, damages, losses etc. suffered by a User or anyone claiming through him/her on account of failure or delay in getting an Entry Permitor owing to a breach of privacy of the User while collecting, maintaining and use of information and documents from the User by the Merchant. Once a User has beenissued an Entry Permit, the User’s Booking status will be updated to ‘Confirmed’ and the User will receive an email and SMSstatingthe same(“Booking Confirmation”).
iv.The Merchant willalso book a User’sship tickets or flight tickets, if that is part of the Services paid for/bookedby the User. Original Entry Permit and shipticketshall be handed over to Youat the port of departure or airportby the Merchant’s authorized representatives, who shall be available at the port of departure/airport at least 1 hour prior to departure of Yourship/opening of check-in counter for Your flight. If travelling by flight, the User shall be responsible to carry his/her own flight tickets, even if the booking of the same has been done by the Merchant on behalf of the User.The Usershall ensure that Entry Permit is produced at the departure port or airportand thatitis maintainedsafelytill the end of the journey.
v. At the port of arrival/arrival airport, the User shall be received by the representative of the Merchant and transportation to the accommodation unit as applicable shall be provided to the User.For Users who have made Booking for a Private Property,upon arrival at the port/airport, the Merchant’s representative will accompanyUserto the Registration Office for signing before the Registrar, which is a formality that is required to becompleted by persons entering the Territory, within 24 hours of such arrival. Valid Identity Card of the User and others guests shall be mandatory for such verification at the Registrar’s office.
g)Bookings for SPORTSProperties:
i. When a Booking is requested via the Platform, by telephone or such other means as adopted by GOL, for properties belonging to the the Society for Promotion of Nature Tourism and Sports(“SPORTS”), a Society formed by the Government of the Territory under Lakshadweep Administration (“SPORTSProperties”), we will pass the same onto the Merchant who provides the Service for which the Booking is requested and once the Merchant of the respective SPORTSProperty confirms availability, GOL will provide confirmation of the Bookingthrough email or mail stating the same(“Booking Confirmation”). For Users who are traveling by airto stay at a SPORTS Property,while an Entry Permit as required for Private Properties is not required, a ‘Travel Card’ is issued by the relevant authority, which acts as a confirmation that the User is eligible to travel to the Territory. This Travel Card will be organized by the Merchantsubject to submission by the User of such document and information as may be requested for by the Merchant for the said purpose.If travelling by ship to a SPORTS property, no Travel Card or Entry Permit will be required by the User as the Merchant’s representative will be present at the departure port to personally verify the User’s identity and other details as may be relevant.
ii. When a User who has made a Booking for a SPORTS Property, arrives at the port of arrival/arrival airport,the User shall be received by the representative of the Merchant and transportation to the accommodation unitas applicableshall be provided to the User.Signing before the Registrar is not required for Users who have made Bookings at SPORTS Properties.
h) The Merchant will provide you helicopter/high speed craft tickets for travel between Agatti to Kavarathi, where applicable,and the ticket price for the same shall be collected by the Merchant directly from You.There shall be a representative of the Merchant who shall speak both Hindi and Englishat a minimumto guide Youonce You arrive in the Territory. In case of sea transport, life jacket as per prescribed rules maybe provided toYouby the respective carrier. Youwillalso be provided emergency assistance by the respective carrierat all times.YOU UNDERSTAND AND ACKNOWLEDGE THAT GOL DOES NOT CONTROL OR OPERATE TRANSFERS, AND IS NOT RESPONSIBLE FOR THE QUALITY, SAFETY, FREQUENCY, OR SERVICE LEVELS OF THE TRANSPORTATIONOR OF ANY OF THE SERVICES AVAILED UNDER A BOOKING.A contact person shall be available at the site of the Merchant for the Users, whose details shall be communicated by the Merchant before/upon arrival at the saidsite. Users shall also be dropped to the airport/departure port for their returnjourney.
i) GOL reserves its right to not accept any bookings from a User at its sole discretion. .
4. Terms of sale, payment and refund
SHOPPING
CANCELLATION POLICY
· If a product is being ordered from Goleservice, and if the same has been cancelled on the same day means the consumer can claim full refund.
· The consumer cannot claim any refund, if the ordered product is been cancelled after one day.
REFUND POLICY
· Refund amount will be credited to corresponding bank account within 7 business days.
· If the order is made through payment gateway; payment gateway charges will be deducted from the refund amount of the respective consumer.
RETURN POLICY
· The ordered product can be returned only within 2 days of delivery date.
Condition, return is applicable only in case the received item is different from the ordered item. Any other reason returns will not be accepted.
· The product should be returned in original condition (with brands/manufacturers box, MRP tag intact, and all the other accessories there in)
ROOMS
CANCELLATION POLICY
· If a room is being booked from Goleservice, and if the same has been cancelled before 2 days of check in means the consumer can claim 100% refund.
· In case the booked room is cancelled within two days of check in date, 50% of the one day room charge will be deducted as cancellation fee.
REFUND POLICY
· Refund amount will be credited to corresponding bank account within 7 business days.
· If the order is made through payment gateway; payment gateway charges will be deducted from the refund amount of the respective consumer.
5. Our Right to Content on the Platform
a) For the purpose of these Terms, “Content” includes, without limitation, any information, data, text, logos, photographs, video, audio, animations, written posts, text, articles, comments, software, scripts, graphics, themes and interactive features generated, underlying source code, provided or otherwise made accessible on or through the Platform and shall include the Content of GOL, Merchant created Content, third-party created Content and/or User created Content.
b) User agrees that he Content delivered via the Service or otherwise made available by GOL at the Platform are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized by GOL in writing, User agrees not to sell, license, rent, modify, reverse engineer, decompile, disassemble or otherwise attempt to discern the source code of the components of software used for providing the Service, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such materials or content. Reproducing, copying or distributing any content, materials or design elements on the Platform for any other purpose is strictly prohibited without the express prior written permission of GOL.
c) The Service may enable User to share content or information with other Users or with GOL (for example, through reviews or other communications channels). User agrees not to use these features to upload, email, post, publish or otherwise transmit any Content that: (i) violates any restriction set forth herein or (ii) is commercial in nature (unless specifically authorized by GOL). GOL reserves the right to remove, without notice, any content or information which GOL determines, in its sole discretion, does not comply with these requirements.
d) By uploading, emailing, posting, publishing or otherwise transmitting Content to any area of the Service, or by submitting any Content or feedback (including, without limitation, suggestions, complaints, ideas, results, modifications, improvements, translations, discoveries and observations) to GOL("Submissions") by any means, User automatically grants GOL a worldwide, royalty-free, non-exclusive, perpetual, sub-licensable, right and license to use, reproduce, modify, adapt, create derivative works of, perform, display, distribute, publish, and transmit such Submissions in any form, medium, or technology now known or later developed, provided that such use shall be limited to use in connection with the Service and subject to the restrictions stated in the Privacy Policy of GOL. In addition, User warrants that User has sufficient rights in the Submissions to grant the license granted above, and that all so-called moral rights in the Submissions have been waived. If User removes any Submissions posted to the Service, the license for such Submissions will terminate with respect to the Service; provided that You acknowledge that GOL will not be obligated to terminate any sublicense rights previously granted. If you have posted Submissions to a private area of the Service, the Submissions will not be sublicensed to any third-party without your consent.
6. Things to Take Care:
a) When User uses the Service to gather information or make Bookings, please keep in mind that certain destinations and activities may involve greater risk than others, and that certain locations, activities and adventures are inherently unpredictable in nature. GOL urges User to review travel prohibitions, warnings, announcements and advisories issued by SPORTS, other global governing bodies and other sources prior to making a Booking of any such service. Information on conditions in various islands and the level of risk associated with travel to particular islands in the Territorycan be obtainedfromPlatformof SPORTSand other onlineand offline sources.b) User is responsible for knowing and complying with all applicable passport, visa, and other travel documentation requirements, for obtaining proper and adequate insurance coverage, and for ensuring that User and/orUser’s travel group (where group bookings are made) take appropriate health, safety, and security precautions prior to, during, and after Your travel. While GOL may, from time to time, provide information through the Service relevant to these topics or any other aspect of the travel experience, such information is for convenience only, and is not warranted to be current, complete, or accurate.
c) By informing User of or facilitating any arrangements involving any particular accommodation, activity or adventure, GOL does not represent or warrant that travel to those destinations or availing the Bookingis advisable or without risk. Informing User ofspecific risks associated with a particular accommodation, activity or adventure, does not constitute a representation or warranty that there are noother risks associated with the said accommodation, activity or adventure. User acknowledges and agrees that GOLis not liable for any damages or losses (including but not limited to any property damage, theft, personal injury, illness, or death) that may occur during or result from any such accommodation, activity or adventure. User will be in the best position to evaluate current conditions and determine therelative safety and wisdom of User’s actions while participating in an experience and User must use independent judgment and caution when choosing whether to participate in particular destinations or activities.
d) The consumption and/or carrying or possession of alcohol by any User or guest into the Territoryor within the Territory is prohibited.Properties within the island of Bangaram alone have been permitted to serve alcohol to its residents; however, Users traveling to Bangaram are not permitted to carry alcohol into the said island.
7. Your Obligations
a) You agree to use the Services, Platformand the materials provided herein only for purposes that are permitted by: (a) theseTerms; and (b) any applicable law, regulation or generally accepted practices or guidelines in India (and specifically to the Territoryand any other jurisdiction applicable to You.
b) You may submit reviews, comments and other content; send communications; and submit suggestions, ideas, questions, or other information (“Your Review”), subject to the content being not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and not consisting of or containing software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam". GOL reserves the right to determine at its sole discretion whether to remove Your Review that has been uploaded on the Platform. d)You agree to adhere to all limitations on dissemination, use and reproduction of any materials that You access on the Platform. We grant You a limited license to access and make use of Our Platform. However, the following usages are not permitted: i. modifying Content or any portion of it, on Our Platform, except with Our express written consent; ii. any resale or commercial use of any Content, except as agreed between GOL and You; iii. any derivative use of the Platform or its Contents; or iv. any downloading or copying of account information or personal information. e)You shall solely be responsible for maintaining the necessary computer equipment(s) and/or any other devices and the necessary hardware and software associated thereto along with internet connections that may be required to access and use the Platform. f) You agree not to access (or attempt to access) the Platform and the materials or Service by any means other than through the interface that is provided by Us. 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 Platform, or in any way reproduce or circumvent the navigational structure or presentation of the Platform, materials or any content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform. g) You agree to use the Platform at Your sole risk and that: (i) the descriptions of the services provided by Merchants and Content are provided for convenience, and You agree that We do not guarantee their accuracy; (ii) You agree that We may, at any time, alter, modify, suspend or discontinue all or part of the Platform, charge fees for use of the Platform, or offer opportunities to some or all Platform users and for any reason, without notice or cost. h) You must not in general do the following acts (non-exhaustive list): i. Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; ii. Engage in any activity that interferes with or disrupts access to the Platform or Our Service or the servers and networks which are connected to the Platform; iii. Attempt to gain unauthorized access to any portion or feature of the Platform, any other systems or networks connected to the Platform, to any GOL server, or to any Service offered on or through the Platform by hacking, password mining or any other illegitimate means; iv. Probe, scan or test the vulnerability of the Platform or any network connected to the Platform, nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other user of Our Platform including any account not owned by You, to its source, or exploit the Platform or Service or information made available or offered by or through the Platform, 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 Platform; v. Disrupt or interfere with the security of, or otherwise cause harm to, the Platform systems, resources, accounts, passwords, servers or networks connected to or accessible through the Platform or any affiliated or linked sites and shall not bypass any measures used by Us to prevent or restrict access to the Platform; vi. Collect or store data about other users in connection with the prohibited conduct and activities set forth in this section; vii. Create user accounts by automated means or under false pretends or mislead others as to the origins of Your communications; viii. Trick, defraud or mislead GOL or other Users, especially in any attempt to learn sensitive account information such as passwords; ix. Make improper use of the support services of GOL or submit false reports of abuse or misconduct; x. Engage in promoting any pyramid schemes or other multi-tiered marketing schemes or engage in promoting any platforms or services that are deemed spam, malware, or contain objectionable material in GOL’s sole discretion; xi. Disseminate or transmit viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancel bots, passive collection mechanisms (“PCMs”), or any other malicious or invasive code or program or upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats (“gifs”), 1x1 pixels, web bugs, cookies or other similar devices; xii. Copy or adapt the Platform software including but not limited to Flash, PHP, HTML, JavaScript or other code; xiii. Use any device or software to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person’s use of the Platform; xiv. Use the Platform or any material or Content for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of GOL or other third parties; xv. Violate any code of conduct or other guidelines or breach any applicable laws or regulations for the time being in force, which may be applicable for or to any particular Service including these Terms and other policies of GOL. i) You agree that you are solely responsible to indemnify GOL and any third party for any breach of Your obligations under these Terms and for the consequences for any such breach. j)You shall not contact a Merchant directly for any purpose other than asking a question related to a Booking or regarding such Merchant’s listings or contact another User for any purpose other than asking a question related to a Booking or such User's use of the Service.
8. Your Representations and Undertakings
a) You confirm and hereby grant GOL a non-exclusive, royalty-free, irrevocable, perpetual and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display Your Submissions and/or Reviews throughout the world in any media; and the right to use the name that You submit in connection with Your Review and/or Your Submissions. You understand and acknowledge that GOL reserves the right to remove any of Your Reviews and/or Submissions, which we find objectionable solely at Our discretion. You hereby waive your right to be identified as the author of Your Review. You agree to perform all further acts necessary to perfect any of the above rights granted by you to Us including the execution of deeds and documents, as may be requested by GOL. d) You represent and warrant that You own or otherwise control all of the rights to Your Review. You confirm and undertake that as at the date that Your Review is submitted to the Platform, use of Your Review by Us does not breach any applicable law, policies or guidelines and will not cause injury to any person or entity.
9. Intellectual Property Rights
a) All trademarks, service marks, logos, trade names and any other proprietary designations of GOL used herein are trademarks or registered trademarks of GOL. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties. b) We reserve all rights in the Platform’s look and feel. You shall not copy or adapt any portion of our code or visual design elements (including logos) without express written permission from GOL. We own and have the right to use all intellectual property rights to and into the trademark "GOL", and the Platform and its Services, including, without limitation, compilation of all content, software, 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, images, logos, audio clips produced by Us, digital downloads, data compilations, and software, source code, meta tags, databases, text, content, graphics, icons, logos, digital downloads, data compilations, software used on such Platform and/or in the Content save and except any such intellectual property rights in the content of the Third-Party or Merchant (“Third Party Content”) available on the Platform. c) We do not warrant or endorse and do not assume and will not have any liability or responsibility for Third-Party Content. You agree that You will not use any Content, in a manner that would infringe or violate Our intellectual property rights or the intellectual property rights of any other party and that We are not in any way responsible for any such use by You. We have no role in the choice, selection, creation or the production of any Third-Party Content, Your Reviews and/or Your Submissions and we play a passive role in providing you with the Platform where You may access and transmit Content. d) Third Party Content may have their own privacy policies and terms of use and you are bound to comply with those policies.
10. Privacy Policy
a) Please refer to our Privacy Policy at which forms a part of these Terms and also governs Your access to and use of the Platform. The personal information you provide us shall be treated confidential and in accordance with the Privacy Policy.
11.Your Indemnity to GOL
a) To the extent permitted by applicable laws including without limitation the Information Technology Act, 2000, Telecom Commercial Communications Customer Preference Regulations, 2010 and other applicable regulations of TRAI, You agree to indemnify, defend and hold harmless GOL from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Us that arise out of, result from, or may be payable by virtue of or arising from any suit, action or proceeding, including any complaint or loss or damage or claim for compensation by any third party due to: (i) any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Terms, (ii) Your use of and access to the Service; (iii) Your violation of any provision of these Terms; (iv) Your violation of any third party right, including without limitation any copyright, property, or privacy right or other intellectual property rights; or (v) any claim that Your Reviews or Your Submissions caused damage to a third party; or (vi) arising out of non-compliance with any applicable law and rules or regulations by You
12. GOL’s Limitation of liability
a)You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of Your access to and use of the Platform, Service and Content, any Booking made by You via the Platform, and any contact You have with other Users or with a Merchant whether in person or online remains with You. In no event shall GOL, its officers, directors, employees, investors, agents, vendors or suppliers be liable under contract, tort, strict liability, negligence or any other legal theory with respect to the Service: (i) for any lost profits or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, including loss of profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services even if foreseeable , (ii) for any bugs, viruses, Trojan horses, or the like (regardless of the source of origination). In addition, GOL shall not be liable for any loss or liability resulting, directly or indirectly, from User's inability to access or otherwise use the Platform (including, without limitation, any delays or interruptions due to electronic or mechanical equipment failures, denial of service attacks, date data processing failures, telecommunications or internet problems or utility failures).
13. GOL’s Disclaimer
To the extent permitted by law we hereby exclude: · All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; · Any liability for any direct, indirect or consequential loss or damage incurred by any person in connection with the site or in connection with the use, inability to use, or results of the use of the site, any websites linked to it and any materials posted on it, including, without limitation any liability for: · Loss of income or revenue; · Loss of business; · Loss of profits or contracts; · Loss of anticipated savings; · Loss of data; · Loss of goodwill; · Wasted management or office time; · For any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
14. Termination
a) You hereby acknowledge and agree that GOL, in its sole and absolute discretion, has the right (but not the obligation) to terminate the Services, remove the Platform and/or to delete and deactivate your Account, block your email or IP address, or otherwise terminate Your access to or participation in the use of the Platform (or any part thereof), or remove and discard any content submitted by You on the Platform immediately and without notice, temporarily or on a permanent basis for breach of any of these Terms or without cause, without notice and without any liability to GOL whatsoever. b) Notwithstanding the generality of what is set out in 15(a) above, You acknowledge, consent and agree that We may terminate suspend or delete Your Account, information and access to the Platform or any part thereof and disclose relevant information, if required to do so by law or if We believe that such act is reasonably necessary, under the following circumstances: i. You are in breach of any term or condition of these Terms; or ii. You are in breach of any laws that are applicable to you; or iii. Your use of the Platform is breaching the spirit of our Terms. c) Upon termination or suspension as set out in 15 (a) and 15(b) above, User shall no longer be able to access the Platform and no right to avail the Services offered on or through the Platform and GOL shall have no obligation thereafter to execute any of the User's uncompleted requests. Once the User's registration is terminated, cancelled or suspended, any data that the User has stored on the Platform may not be retrieved later. GOL may at any time in its sole discretion reinstate suspended Users. If a User has been indefinitely suspended, the User may not register or attempt to register on the Platform or use the Platform in any manner whatsoever until such time that the User is reinstated by GOL. Notwithstanding the foregoing, if the User breaches this Terms or any terms with the Merchant or the documents it incorporates by reference, GOL reserves the right to recover any amounts due and owing by the User to GOL and to take strict legal action as GOL deems necessary. d) Any suspension and/or termination of Your Account with us or the Services offered through the Platform, will not affect Your liability to Us, as may be previously incurred by You. e) Upon suspension and/or termination of Your Account with Us or the Services offered through the Platform all provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, warranty disclaimers and limitations of liability.
15. Miscellaneous
a) We will try to solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement, You may wish to take court proceedings. Our rights and obligations pursuant to these Terms are governed by, and shall be construed in accordance with, the laws of India and the courts in Cochin, Kerala India shall have exclusive jurisdiction. You waive your right to institute legal proceedings in any other jurisdiction. However, GOL shall be entitled to institute legal proceedings in connection with any matter arising under these Terms in any jurisdiction where you reside, do business or have assets. b) The failure of GOL to exercise any right provided for herein shall not be deemed a waiver of any further rights hereunder. c) GOL shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond the reasonable control of GOL, including, without limitation, mechanical, electronic or communications failure or degradation. d) GOL shall under no circumstances be liable for any interruption or stoppage in the User’s access to the Platform. e) If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable. f) These Terms are not assignable, transferable or sub-licensable by User except with the prior written consent of GOL. GOL may transfer, assign or delegate these Terms and its rights and obligations without your consent. g) These Terms and Our other polices including Privacy Policy, (as updated from time to time), constitute the entire agreement between you and GOL and govern Your use of the Platform and any Service offered on the Platform. h) No agency, partnership, joint venture, or employment is created as a result of these Terms and User does not have any authority of any kind to bind GOL in any respect whatsoever. i) Notice shall be deemed to be given under these Terms, 12 hours after an e-mail bearing such notice is sent to the e-mail address of the party to whom such notice is sent, unless the sending party is notified that the e-mail address is invalid. Alternatively, notice may be given by certified mail, postage prepaid to the address available with the other party, which shall be effective upon transmission.
16. Grievance officer.
a) In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:
GoL E-Service
A Lakshadweep based E- Platform includes Shopping, Room Booking, Courier and Other Services.
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