This Agreement ('user agreement') incorporates the terms and conditions for Green Planet Tees to provide services to the person (s) ('the User') intending to purchase or inquiring for any products and/ or services of Green Planet Tees by using Green Planet Tees’s websites or using any other customer interface channels of Green Planet Tees which includes its sales persons, offices, call centers, advertisements, information campaigns etc. Both the User and Green Planet Tees are individually referred as 'party' to the agreement and collective referred to as 'parties'.
DUTIES OF USERS:
The Users availing services from Green Planet Tees shall be deemed to have read, understood and expressly accepted the terms and conditions of this Agreement, which shall govern the desired transaction or provision of such services by Green Planet Tees for all purposes, and shall be binding on the User. All rights and liabilities of the User and/or Green Planet Tees with respect to any services to be provided by Green Planet Tees shall be restricted to the scope of this Agreement.
The User has understood and has been informed and accepts that Green Planet Tees is an Internet based, online platform that offers Users an opportunity to search for and make reservations with Hotels or Resorts using various tools and features provided in the Website in compliance with the Terms and Conditions mentioned herein. The User further understands and accepts that Green Planet Tees is just a via media between the User and the Hotels or Resorts and all information available on the website and/or Green Planet Tees Websites relating to but not limited to room tariffs, availability, addition or deletion of any ancillary facilities or services, amenities offered, reservation and cancellation policies and contact information of the Hotels or Resorts is information provided by the Hotels or Resorts and nothing stated therein shall be deemed to be a representation of fact by Green Planet Tees.
Green Planet Tees reserves the right, in its sole discretion, to terminate the access to any or all Green Planet Tees websites or its other sales channels and the related services or any portion thereof at any time, without notice, for general maintenance or for any reason what so ever.
In addition to this Agreement, there are certain terms of service (TOS) specific to the services rendered/ products provided by Green Planet Tees like the Hotels or Resorts packages, holiday packages, special discounts etc. Such TOS will be provided/updated by Green Planet Tees which shall be deemed to be a part of this Agreement and in the event of a conflict between such TOS and this Agreement, the terms of this Agreement shall prevail. The User shall be required to read and accept the relevant TOS for the service/ product availed by the User.
Additionally, the Hotels or Resorts itself may provide terms and guidelines that govern particular features or offers and policies applicable to the Hotels or Resorts. The User shall be solely responsible for ensuring compliance with the terms and guidelines and policies of the Hotels or Resorts with whom the User elects to deal.
Green Planet Tees's Services are offered to the User conditioned on acceptance without modification of all the terms, conditions and notices contained in this Agreement and the TOS, as may be applicable from time to time. For the removal of doubts, it is clarified that availing of the Services by the User constitutes an acknowledgment and acceptance by the User of this Agreement and the TOS. If the User does not agree with any part of such terms, conditions and notices, the User must not avail Green Planet Tees's Services.
In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any other Green Planet Tees document, then these terms shall control the relationship between the User and Green Planet Tees.
The User agrees that there can be exceptional circumstances where the Hotels or Resorts may be unable to honor the confirmed bookings due to various reasons like climatic conditions, labor unrest, insolvency, business exigencies, government decisions, operational and technical issues etc. If Green Planet Tees is informed in advance of such situations where dishonor of bookings may happen, it will make its best efforts to provide similar alternative to its User or refund the booking amount after reasonable service charges, if supported and refunded by that Hotels or Resorts. The User agrees that Green Planet Tees being an agent for facilitating the booking services shall not be responsible for any such circumstances and the User have to contact that Hotels or Resorts directly for any further resolutions and refunds.
The User expressly agrees that use of the services is at their sole risk. Green Planet Tees acts only as a booking agent on behalf of Hotels or Resorts, it shall not have any liability whatsoever for any aspect of the standards of services provided by the Hotels or Resorts. In no circumstances shall Green Planet Tees be liable for the services provided by the Hotels or Resorts. The services are provided on an 'as is' and 'as available' basis. Green Planet Tees may change the features or functionality of the services at any time, in their sole discretion, without notice. Green Planet Tees expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. No advice or information, whether oral or written, which the User obtains from Green Planet Tees or through the services shall create any warranty not expressly made herein or in the terms and conditions of the services. If the User does not agree with any of the terms above, they are advised not to read the material on any of the Green Planet Tees pages or otherwise use any of the contents, pages, information or any other material provided by Green Planet Tees. The sole and exclusive remedy of the User in case of disagreement, in whole or in part, of the user agreement, is to discontinue using the services after notifying Green Planet Tees in writing.
THIRD PARTY ACCOUNT INFORMATION:
By using the Account Access service in Green Planet Tees’s websites, the User authorizes Green Planet Tees and its agents to access third party sites, including that of Banks and other payment gateways, designated by them or on their behalf for retrieving requested information
While registering, the User will choose a password and is responsible for maintaining the confidentiality of the password and the account.
The User is fully responsible for all activities that occur while using their password or account. It is the duty of the User to notify Green Planet Tees immediately in writing of any unauthorized use of their password or account or any other breach of security. Green Planet Tees will not be liable for any loss that may be incurred by the User as a result of unauthorized use of his password or account, either with or without his knowledge. The User shall not use anyone else’s password at any time
FEE PAYMENT:
Green Planet Tees reserves the right to charge listing fees for certain listings, as well as transaction fees based on certain completed transactions using the services. Green Planet Tees further reserves the right to alter any and all fees from time to time, without notice.
The User shall be completely responsible for all charges, fees, duties, taxes, and any central/state/local government fee arising out of the use of the services.
In case, there is a short charging by Green Planet Tees for listing, services or transaction fee or any other fee or service because of any technical or other reason, it reserves the right to deduct/charge/claim the balance subsequent to the transaction at its own discretion.
In case of the reservation not getting confirmed for any reason whatsoever, Green Planet Tees will process the refund and intimate the USER of the same. Green Planet Tees is not under any obligation to make another booking in lieu of or to compensate/ replace the unconfirmed reservation. All subsequent further bookings/reservation(s) will be treated as new transactions with no reference to the earlier unconfirmed reservation/booking.
CONFIDENTIALITY:
Any information which is specifically mentioned by Green Planet Tees as Confidential shall be maintained confidentially by the User and shall not be disclosed unless required by law or to serve the purpose of this Agreement and/or the obligations of both the parties therein and/or unless expressly permitted by Green Planet Tees.
USE OF MOBILE NUMBERS:
Green Planet Tees may send booking confirmation & update the User on the booking status and/or any further information via SMS (short messaging service) on the mobile number given by the User at the time of booking. The User hereby unconditionally consents such intimation via SMS by Green Planet Tees in accordance with the 'Do not disturb' guidelines of Telecom Regulatory Authority of India (TRAI) or such other authority in India and abroad.
ONUS ON THE USER:
Green Planet Tees is responsible only for the transactions that are done by the User through Green Planet Tees. Green Planet Tees will not be responsible for screening, censoring or otherwise controlling transactions, including whether the transaction is legal and valid as per the laws of the land of the User.
The User warrants that they will abide by all such additional procedures and guidelines, as modified from time to time, in connection with the use of the services. The User further warrants that they will comply with all applicable laws and regulations regarding use of the services with respect to the jurisdiction concerned for each transaction.
The User represent and confirm that the User is of legal age to enter into a binding contract and is not a person barred from availing the Services under the laws of India or other applicable laws.
ADVERTISEMENTS ON LINKED WEBSITES:
Green Planet Tees is not responsible for any errors, omissions or representations on any of its pages or on any links or on any of the linked website pages. Green Planet Tees does not endorse any advertiser on its web pages in any manner. The Users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
The linked sites are not under the control of Green Planet Tees and Green Planet Tees is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Green Planet Tees is providing these links to the Users only as a convenience and the inclusion of any link does not imply endorsement and/or any kind of affiliation/relationship of/with the site by Green Planet Tees.
INSURANCE:
Unless explicitly provided by Green Planet Tees in any specific service or deliverable, obtaining sufficient insurance coverage is the obligation/option of the User and Green Planet Tees doesn't accept any claims arising out of such scenarios.
Insurance, if any provided as a part of the service/ product by Green Planet Tees shall be as per the terms and conditions of the insuring company. The User shall contact the insurance company directly for any claims or disputes and Green Planet Tees shall not provide any express or implied undertakings for acceptance of the claims by the insurance company.
CANCELLATION POLICY:
The User agrees that cancellations of reservations will be subject to the cancellation policy of the Hotels or Resorts.
The User agrees that in situations due to any technical or other failure in Green Planet Tees, services committed earlier may not be provided or may involve substantial modification. In such cases, Green Planet Tees shall refund the entire amount received from the customer for availing such services minus the applicable cancellation, refund or other charges, which shall completely discharge any and all liabilities of Green Planet Tees against such non-provision of services or deficiencies. Additional liabilities, if any, shall be borne by the User.
Without prejudice to whatever is stated above, the maximum liability on part of Green Planet Tees arising under any circumstances, in respect of any services offered on the site, shall be limited to the refund of total amount received from the User for availing the services less any cancellation, refund or others charges, as may be applicable. In no case the liability shall include any loss, damage or additional expense whatsoever beyond the amount charged by Green Planet Tees for its services.
In no event shall Green Planet Tees and/or its franchisees, agents, affiliates, assigns etc be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Green Planet Tees website(s) or any other customer interface channel of Green Planet Tees. Neither shall Green Planet Tees be responsible for the delay or inability to use the Green Planet Tees websites or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Green Planet Tees website(s), or otherwise arising out of the use of the Green Planet Tees website(s), whether based on contract, tort, negligence, strict liability or otherwise.
FORCE MAJURE:
Green Planet Tees shall not be liable for delays or inabilities in performance or nonperformance in whole or in part of its obligations due to any causes that are not due to its acts or omissions and are beyond its reasonable control, such as acts of God, fire, strikes, embargo, acts of government, acts of terrorism or other similar causes, problems at Guest Houses end. In such event, the User affected will be promptly given notice as the situation permits.
SAFETY OF DATA DOWNLOADED:
The User understands and agrees that any material and/or data downloaded or otherwise obtained through the use of the Service is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.
Nevertheless, Green Planet Tees will always make its best endeavors to ensure that the content on its websites or other information channels are free of any virus or such other malwares.
FEED BACK & CUSTOMER SOLICITATION:
The User is aware that Green Planet Tees provides various services like Hotels or Resorts booking, holiday packages etc. and would like to learn about the Users experience in order to enhance its services as that would inturn help Green Planet Tees in providing better services to the User.
The User hereby specifically authorizes Green Planet Tees to contact the User with offers on various services offered by it through direct mailers, e-mailers, telephone calls, short messaging services (SMS) or any other medium, from time to time. In case that the User chooses not to be contacted, he / shall write to Green Planet Tees for specific exclusion at unsubscribe@Kerala Travel Services.
The User are advised to read and understand the privacy policy of Green Planet Tees on its website in accordance of which Green Planet Tees contacts, solicits the User or shares the User's information.
PROPRIETORY RIGHTS:
Green Planet Tees may provide the User with contents such as sound, photographs, graphics, video or other material contained in sponsor advertisements or information. This material may be protected by copyrights, trademarks, or other intellectual property rights and laws.
The User may use this material only as expressly authorized by Green Planet Tees and shall not copy, transmit or create derivative works of such material without express authorization.
The User acknowledges and agrees that he/she shall not upload post, reproduce, or distribute any content on or through the Services that is protected by copyright or other proprietary right of a third party, without obtaining the written permission of the owner of such right and uploading, reproduction or distribution of such content by the User shall be with the representation that the User has the consent of the owner.
Any copyrighted or other proprietary content distributed with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject the User to personal liability or criminal prosecution.
VISA OBLIGATIONS OF THE USER:
The travel bookings done by Green Planet Tees are subject to the applicable requirements of Visa which are to be obtained by the individual traveler. Green Planet Tees is not responsible for any issues, including inability to travel, arising out of such Visa requirements and is also not liable to refund for the untraveled bookings due to any such reason.
PERSONAL & COMMERCIAL USE LIMITATION:
Unless otherwise specified, Green Planet Tees services are for the User's personal and non - commercial use. The User may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Green Planet Tees website(s) without the express written approval from Green Planet Tees.
INDEMNITY:
The User agrees to indemnify, defend and hold harmless Green Planet Tees and/or its affiliates, their websites and their respective lawful successors and assigns from and against any and all losses, liabilities, claims, damages, costs and expenses (including reasonable legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Green Planet Tees and/or its affiliates, partner websites and their respective lawful successors and assigns that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by the User pursuant to this agreement and also include steps taken by Green Planet Tees for safeguarding its own interest and that of its genuine customers on account of the aforesaid breach committed by the User.
The user shall be solely and exclusively liable for any breach of any country specific rules and regulations or general code of conduct and Green Planet Tees cannot be held responsible for the same.
This would also include Green Planet Tees denying/cancelling any bookings on account of suspected fraud transactions.
RIGHT TO REFUSE:
Green Planet Tees at its sole discretion reserves the right to not to accept any User order without assigning any reason thereof. Any contract to provide any service by Green Planet Tees is not complete until full money towards the service is received from the User and accepted by Green Planet Tees.
Without prejudice to the other remedies available to Green Planet Tees under this agreement, the TOS or under applicable law, Green Planet Tees may limit the User's activity, or end the User's listing, warn other Users of the User's actions, immediately temporarily/indefinitely suspend or terminate the User's registration, and/or refuse to provide the User with access to the website if:
• The User is in breach of this agreement, the TOS and/or the documents it incorporates by reference;
• Green Planet Tees is unable to verify or authenticate any information provided by the User; or
• Green Planet Tees believes that the User's actions may infringe on any third party rights or breach any applicable law or otherwise result in any liability for the User, other Users of the website and/or Green Planet Tees.
Green Planet Tees may at any time in its sole discretion reinstate suspended Users. Once the User has been indefinitely suspended, the User shall not register or attempt to register with Green Planet Tees or use the website in any manner whatsoever until such time that the User is reinstated by Green Planet Tees.
Notwithstanding the foregoing, if the User breaches this agreement, the TOS or the documents it incorporates by reference, Green Planet Tees reserves the right to recover any amounts due and owed by the User to Green Planet Tees and/or the service provider and to take strict legal action as Green Planet Tees deems necessary.
The User expressly undertakes to provide to Green Planet Tees only correct and valid information while requesting for any services under this Agreement, and not to make any misrepresentation of facts at all. Any default on part of the User would vitiate the rights of the User under this Agreement and shall disentitle the User from availing the services from Green Planet Tees.
In case Green Planet Tees discovers or has reasons to believe at any time during or after receiving a request for services from the User that the request for services is either unauthorized or the information provided by the User or any of them is not correct or that any fact has been misrepresented by him, Green Planet Tees in its sole discretion shall have the unrestricted right to take any steps against the User(s), including cancellation of the bookings, etc. without any prior intimation to the User. In such an event, Green Planet Tees shall not be responsible or liable for any loss or damage that may be caused to the User or any of them as a consequence of such cancellation of booking or services.
INTERPRETATION OF TERMS:
The terms and conditions herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine, feminine and neutral form. The words 'include', 'includes' and 'including' shall be deemed to be followed by the phrase 'without limitation'. Unless the context otherwise requires, the terms 'herein', 'hereof', 'hereto', 'hereunder' and words of similar import refer to this agreement as a whole.
SEVERABILITY:
If any provision of this Agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of this Agreement shall continue to be in full force and effect.
HEADINGS:
The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of this Agreement, terms and conditions, notices, or the right to use this website by the User contained herein or any other section or pages of Green Planet Tees Websites or its partner websites or any provision hereof in any manner whatsoever.
In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular Green Planet Tees website, then these terms shall control.
RELATIONSHIP:
None of the provisions of any agreement, terms and conditions, notices, or the right to use this website by the User contained herein or any other section or pages of Green Planet Tees Websites or its partner websites, shall be deemed to constitute a partnership between the User and Green Planet Tees and no party shall have any authority to bind or shall be deemed to be the agent of the other in any way.
UPDATE OF THE INFORMATION BY Green Planet Tees:
User acknowledges that Green Planet Tees provides services with reasonable diligence and care. It endeavors its best to ensure that User does not face any inconvenience. However, at times, the information, software, products, and services included in or available through the Green Planet Tees websites or other sales channels and ad materials may include inaccuracies or typographical errors which will be immediately corrected as soon as Green Planet Tees notices them. Changes are/may be periodically made/added to the information provided as such. Green Planet Tees may make improvements and/or changes in the Green Planet Tees websites at any time without any notice to the User. Any advice received except through an authorized representative of Green Planet Tees via the Green Planet Tees websites should not be relied upon for any decisions.
MODIFICATION OF TERMS OF USE:
Green Planet Tees reserves the right to change the terms, conditions, and notices under which the Green Planet Tees websites are offered, including but not limited to the charges. The User is responsible for regularly reviewing these terms and conditions.
JURISDICTION:
Green Planet Tees hereby expressly disclaims any implied warranties imputed by the laws of any jurisdiction or country other than those where it is operating its offices. Any dispute or differences between the parties arising out of this Agreement shall be subject to exclusive jurisdiction of the Courts Kerala, India and the jurisdiction of all other Courts to entertain any proceedings in relation to this Agreement is hereby expressly excluded.
