Terms & Conditions
In terms of Information Technology statutes, this document is an electronic record. Being generated by a computer system it does not require any physical or digital signatures.
You are advised to read and understand these Terms carefully as moving past the home page, or using any of the services shall be taken to mean that You have read and agreed to all of the policies, which constitute a legally binding agreement between you and the website. These terms are to be read along with any other policies on the website.
- The website “www.poshmiles.com” (hereinafter, the “Platform”) is owned and operated by Poshmiles Online Solution Private Limited, a Private Limited Company incorporated under the provisions of the Companies Act, 2013, and having its registered office #535, 3rd A Cross MM Road, KK Halli Bangalore – 560084,(hereinafter, the “Company” or “Poshmiles” where such expression shall, unless repugnant to the context thereof, be deemed to include its parent and subsidiary entities, respective legal, representatives, administrators, permitted assigns) “Poshmiles” is a trademark of the Company and may not be copied or used in any manner without the written permission of the Company.
- The headings of each section in this Agreement are only for the purpose of organising the various provisions under this Agreement in an orderly manner. These headings shall not be used by either party to interpret the provisions contained under them in any manner. Further, the headings have no legal or contractual value.
- In so far as the User complies with these Terms, he/she is granted a personal, non-exclusive, non-transferable, revocable, limited privilege to enter and use the Platform.
- “We”, “Us”, “Our”,“Poshmiles”shall mean the Website/the portal or the Company.
- “Agreement” shall mean and refer to this Terms of Service, including any amendments that may be incorporated into it.
- “You”or “User” shall mean any natural or legal person who has agreed to become a user of the Poshmiles and utilizes any of the services offered on the Website. The Poshmiles also provides certain services without registration/acceptance, and such provision of services does not absolve You of this contractual relationship.
- “Residence”shall refer to all Luxury accommodations listed on the Poshmiles Website.
- “Services”shall mean and refer to the services made available on the Website including but not limited to offering listings for Luxury Residences, Chartering flights and booking of flights and cars etc.
- “Service Provider” shall mean and refer to any third party providing its Services to the Customers on the Website.
- “Party’ & ‘Parties” shall respectively be used to refer to the User and the Company individually and collectively, as the context so requires.
- “Third Party” shall mean and refer to any individual(s), enterprise or entity apart from the Users and Poshmiles.
The headings of each section in this Agreement are only for the purpose of organising the various provisions under this Agreement in an orderly manner. These headings shall not be used by either party to interpret the provisions contained under them in any manner. Further, the headings have no legal or contractual value.
- The User represents and warrants that he/she is competent and eligible to enter into legally binding agreements and that he/she has the requisite authority to bind himself/herself to these Terms, as determined solely by the provisions of the Indian Contract Act, 1872. The User may not use the Poshmiles Platform if he/she is not competent to contract under the Indian Contract Act, 1872, or is disqualified from doing so by any other applicable law, rule or regulation currently in force.
- If you are accessing the Platform from outside the territory of India, then you must be competent to contract as per the local laws of your location.
All information provided by Customers and Service Providers are self-declared and not verified by Poshmiles. Any and all information posted by any User or Service Provider including but not limited to their photographs, videos, title, name,profile and videos Poshmiles has the right to use this Content for promotions or marketing purposes.
Poshmiles allows users to contribute different kinds of Content, including reviews, photos and videos. You alone are responsible for Your Content posted on the Website. The User’s contributions to the Website should be unbiased and objective.Poshmiles does not and cannot review all communications or Content uploaded to the Site and is not responsible for the Content, quality, or consequences of your uploading such communications or Content. Notwithstanding the foregoing, Poshmilesshall delete/ remove/ modify/ block the content/ reviews if, the reviewer attempts to use any improper/ indecent/ abusive language or tries to defame any Service Provider for private/ personal/ professional reasons.
The Customer(s) and/or the Service Provider(s) acknowledges and agrees that Poshmiles may use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any or all photographs, audio, video and film of Customer obtained through the Platform(s) to create marketing materials (collectively, “Content”), in whole or in part, in any manner or media as Poshmiles sees fit. Content related to business photos and videos should be broadly relevant to the business and reflect the typical consumer experience (e.g., what the business looks like, what the business offers, etc.).If You post a photo or video that showcases a more unique personal experience with a business, We may remove it from the photo gallery for the business, but it still may appear alongside Your review if you write one about the business.
Poshmiles reserves the right to delete, remove, modify refuse to accept or edit any communication or Content that it may determine, in its sole discretion, violates or may violate this Agreement, the intellectual or proprietary rights of others, any of its policies or is otherwise unacceptable in its discretion, and you hereby agree to forfeit any fees payable in respect of such Content to Poshmiles or as it may direct.
To fully avail the Services of the Website, registration is required. You are required to create a profile for Yourself by providing the following information which inter alia includes Name, Age, Gender, User Name, Password, Email ID, Mobile Number, Address etc. Users who register with Poshmilescan purchase the listed Products and avail the Services of the Website. The Website offers the Users an option of signing up through other third party social networking sites, including but not limited to Gmail, Yahoo, Facebook, Twitter and LinkedIn. Upon such signup, Our servers gain access to information about You from Your social networking account, including but not limited to Your profile, date of birth, name and gender, and all such information is stored in Our system.
All information provided by the User and Service Providers must be true, accurate and complete. Poshmiles reserves the right (but has no obligation) to verify any and all information provided on a User’s profile. By registeringon the Poshmiles Platform, the User is attesting that he/she/it has the skills and ability to perform the requested Services by the deadline stated in the job posting or agreed upon. Poshmiles does not verify or guarantee the skill and ability of the Service Provider.
The User is solely responsible for ensuring and maintaining the secrecy and security of his/her Poshmiles account password. The User agrees not to disclose this password to any third party and shall be solely responsible for any use of or action taken through the use of such password on Poshmiles.
5 REVIEWS AND RATINGS
At Poshmiles, We sincerely believe that Your honest and candid ratings and reviews will help Your peer group professionals to take an informed decision whether choose a Service or not. So, We trust, You will be conscious of Your responsibility and be truthful in Your narrative to be helpful to Your peer group, who value Your experience and Your feedback.
These Terms shall continue to form a valid and binding contract between the Parties, and shall continue to be in full force and effect until the User continues to access and use the Website.
A User may terminate his/her use of the Platform at any time. The Platform or the Company may terminate these Terms and close a User account at any time without notice and/or suspend or terminate a User’s access to the Platform at any time and for any reason, in its sole discretion. Such suspension or termination shall not limit our right to take any other action against you that we consider appropriate.
Poshmiles reserves the right, in its sole discretion, to unilaterally terminate the User’s access to the services offered on the Poshmiles Platform, or any portion thereof, at any time, without notice or cause. The User shall continue to be bound by these Terms, and it is expressly agreed to by the Parties that the User shall not have the right to terminate these Terms till the expiry of the same, as described in Clause 6 hereinabove.
Either party may terminate the Agreement at any time, with or without cause, effective immediately upon written notice to the other party (or by terminating or suspending User’s account), provided, that any such termination for convenience shall not affect the validity of any service Contracts that have been executed prior to termination and this Agreement with Service Providers shall continue to apply with respect to such service Contracts.
You may also be contacted by Service Providers with whom we have entered into a contract in furtherance of our rights, duties and obligations under this document and other policies followed by Us and with whom you have become acquaintances with from the Poshmiles Platform. Such contact shall be made only in pursuance of such objectivesand services and no other calls shall be made. In addition, You may also be contacted by Third Parties who may have access to the information disclosed by You or to whom We may have disclosed Your information for purposes such as, but not limited to statistical compilations.
9 INVOICING AND PAYMENT
It is the Customer’s responsibility to make all necessary payments as per the payment conditions of Poshmiles. Poshmiles may use the Services of third party payment service providers, including banks, for the collection, refunds or remittances of payments from / to its Users, You may be required to submit information to the third-party to process your payments. Poshmiles may change or add such payment service providers, anytime, on the Platform for facilitating payments between Users, including Poshmiles. Poshmiles shall not be held responsible for failure, errors, etc. in the processing of your payments by such third-party payment service providers. Also Poshmiles will not be responsible for any financial losses to you arising out of the payment processing. Please note that Poshmiles cannot control any fees that may be charged to You by Your bank, related to your payment transactions on Poshmiles, and Poshmiles disclaims all liability in this regard.
Invoicing on Poshmiles shall always be between Customers and the Service Provider on Poshmiles. Poshmiles will only be facilitating the generation of invoices after an order has been successfully completed on Poshmiles. A copy of the invoice shall be made available to you on the platform and also sent to you by email. Customers shall receive a tax invoice as and when applicable. Although Poshmiles shall make all efforts to furnish the invoices to you post completion of the ServicesonPoshmiles, it shall not be responsible for any delays in furnishing of the invoices to you for reasons beyond the control of Poshmiles. Poshmiles will take all steps in making sure that invoice data is correct and accurate, but in case there is any error, Poshmiles has all rights to make the appropriate correction.
International Users: You must provide a foreign Billing Address and make your payments in foreign currency only. Your payments may also be subject to foreign exchange fees. You agree to pay all currency conversion charges, if and when applicable for your transactions on Poshmiles.
For all your enquiries and Services facilitated by Poshmiles, you are strictly prohibited from soliciting or encouraging Service Providers on Poshmiles, in any manner, to process the transaction for the orders and also to fulfill the orders outside of Poshmiles.
Customers shall make all payments relating to, or in any way connected with, a Contract (including, without limitation, bonuses) through the Platform (using one of the payment methods listed on the Platform like Debit/ Credit Card, Net banking etc. Please note that right now Poshmiles supports only online mode of payment).
To avail Services on the Poshmiles Platform, the User is required to complete the transaction, including making payment for the services opted for. This may or may not be assisted with a phone call from a Customer service representative.
Each User understands and agrees that:
- The Poshmiles payment account is a custodial account administered by the Platform to facilitate disbursement of the Customer’s payment to the Service.
- The Platform acts as agent of the Service Provider and not as a trustee or fiduciary with respect to payments received through the Platform. The duties of the Platform as agent shall be entirely administrative and not discretionary, save as expressly set forth herein.
- The User agrees that he/she will not receive interest or other earnings on the funds that the Platform handles as his/her agent and places in commingled accounts. In consideration for your use of the Platform, you irrevocably transfer and assign to the Company any ownership right that you may have in any interest that may accrue on funds held in commingled accounts. This assignment applies only to interest earned on your funds, and nothing in this Agreement grants the Company any ownership right to the principal of the funds you maintain with the Platform. In addition to or instead of earning interest on commingled accounts, the Platform may receive a reduction in fees or expense charged for banking services by the banks that hold your funds.
- In the event of any dispute regarding the amounts held by the Platform/Company, the Company shall have the right (in addition to all other rights it may have) to deposit all funds held pursuant to this Agreement into the courts of Karnataka.
Additionally, in the event that Customer and Service Provider cannot agree upon whether a contract has been completed, and one of such parties advises the Platform/ Company that there is a dispute in that regard, then the Platform may determine if the Contract has been substantially completed and release the amounts it holds to either the Customer or the Service Provider, as it deems appropriate, in its sole and absolute discretion, and without any liability of the Platform/ Company to any party whatsoever. The Customer and the Service Provider do hereby irrevocably authorize the Company to determine whether the contract has been completed, and to disburse the amounts it is holding on behalf of the Service Provider and Customer as it so determines to the party that it so determines.
We reserve the right to amend the fee policy and charge for all the services which the Poshmiles Platform offers. In the event of such change in policy, Users shall be intimated of the same via email/telephone and such change shall be effective as soon as Users have been intimated. Subsequent to such change, it is the choice of the User whether or not to continue with the services offered by Us.
Transactions on the Poshmiles Platform are secure and protected. Any information entered by the User when transacting on the Poshmiles Platform is encrypted by the Payment Processor to protect the User against unintentional disclosure to third parties. The User’s credit and debit card or net banking information is not received, stored by or retained by the Platform in any manner. This information is supplied by the User directly to the relevant payment gateway which is authorized to handle the information provided, and is compliant with the regulations and requirements of various banks and institutions and payment franchisees that it is associated with.
The User takes full responsibility for payment of all taxes and fees that are levied or arise in the course of use ofthe Poshmiles Platform. Whilst we make every effort to ensure that any taxes listed are correct, we accept no responsibility if taxes shown (whether included in quoted prices or excluded from quoted prices) are incorrect, or if they change between the point of enquiry and the point of booking confirmation, or between confirming a booking and the date of the trip, or at any other time. Taxes will always be due at the rate in force at the moment of making any applicable payment
12 PROHIBITED USE OF VEHICLES
The hiring and use of the vehicles(“Vehicles) under the following conditions is prohibited:
- Customer shall not any speed, race or participate in any competition with the Vehicles.
- Customer shall not use the Vehicle for the purpose of towing, pushing, or propelling any trailer or any other Vehicle;
- Customer shall not use the Vehicle for the primary business purpose of transporting people or operating a taxi Services;
- Customer shall not be under the influence of (i) alcohol or (ii) any drug or medication under the effects of which the operation of a Vehicle is prohibited or not recommended. A zero-tolerance policy is adopted and a limit of 0.0% applies;
- The Customer shall not use the Vehicle to engage in any criminal or illegal activity.
- The Customer shall drive/transport the Vehicle outside of India or to any prohibited areas within India;
- The Customer shall avoid using mobile phone or any other mobile communication device in any manner whatsoever, including while sending an SMS, emailing, using a cell phone with or without a hands-free device, otherwise using a mobile communication device that may distract You from driving or otherwise engaging in similar activities that may be prohibited by applicable law;
- The Customer shall not Using the Vehicle to transport flammable, poisonous, or otherwise hazardous substances for other than legally permissible household use or in amounts greater than what is usually consumed in a household.
- The Customer shall not transport any heavy objects that would adversely impact the Vehicle’s handling safety or that could Damage the interior of the Vehicle.
- The Customer shall avoid transporting more passengers than there are seatbelts in the Vehicle.
- The Customer shall avoid smoking in the Vehicles. Customer shall be charged a penalty if evidence of smoking, chewing, or dipping is found in the Vehicles or if is notified by the Customer using the Vehicle immediately following the Customer’s reservation.
- Pets are not allowed in Vehicles, except for those Vehicles designated “pet friendly”. Customers are subject to pay a penalty if evidence of pets is found in the Vehicles or complained of by a Customer using the Vehicle immediately after.
- foregoing examples are not intended to be exhaustive. Any unreasonable or inappropriate use of the Vehicle, as determined by the Company in its sole discretion, may be deemed a violation of these Terms and Conditions. The Company may report to the authorities any use of a Vehicle or other activities that are in violation of local, state, and/or national law or in violation of these Terms and Conditions.
13 USER OBLIGATIONS
- The Customer shall pick up the selected Vehicle at the location specified by the Company and return it secured, clean, and in good working order, to the Company at the end time of his/her reservation.
- Prior to taking possession of a Vehicle, You must do an exterior walk-around and an interior look-over. Before driving the Vehicle, You must advise the Company of any Damage or abnormality encountered on the Vehicle or in the operation of the Vehicle. If You do not notify us of a problem in the Vehicle while taking possession, You will be deemed to be responsible for any problem with the Vehicle discovered or reported after Your reservation, including, without limitation, Damage to the Vehicle or lack of cleanliness. You may be charged a Damage fee, a cleaning fee, or other applicable fees as per the fee policy. The Company may even suspend, or terminate Your account.
- You must return the Vehicle and its key to the Company after the reservation is over. Vehicles must be returned no later than the end time of the reservation and the Customer is required to terminate the reservation. Should a Vehicle be returned late, the Customer will be responsible for late fees as described in the Fee Policy. You may also be charged a fee at the Company’s sole discretion to replace any of the items missing from the Vehicle.
- The Customers are responsible for all charges and costs incurred related to the Vehicle for the entire period of the reservation and until the Vehicle is returned, secured, closed, locked and services (all accessories off, key out of ignition and in proper place, all windows, doors, hatches, sunroofs and other openings closed, toll payment pass and parking pass and other accessories in the Vehicle) able to its designated location.
- Customers are required to report any condition that impairs the driving functionality of the Vehicle, such as poor driving feel or external or internal Damage that renders the Vehicle unsafe, including but not limited to, missing or inoperable signal or driving lighting, broken or missing rear-view mirrors and windshield glass.
- The Customers shall comply with all applicable the Motor Vehicle Safety Standards, seat belt and child restraint norms for the safety of all passengers.
- Customers are solely responsible for any traffic violations incurred due to Your use of the Company Vehicle. This includes, but is not limited to: parking, speeding, breaking red light, photo enforcement, and toll violations. You are liable for all costs from any such violation, including fines for late payment and any processing fees added by the issuing municipality. You are liable for payment of all tolls and any fines for toll evasion. You must report such violations to the Company as soon as possible within the prescribed deadline for the violation (for example, if the case is being taken to court) The Company will notify the Customer immediately by e-mail after it learns of any such violation and Customer shall forthwith pay the relevant fine/s to the authority concerned and provide the Company with the proof of such payment. However, where Customer has personal knowledge of such violations, the Company will not be obligated to provide Customer with the notification as above, but Customer’s obligation to pay the relevant fine/s and notifying the Company of such compliance will continue as aforementioned.
- You must notify the Company of any traffic violation notices found on a Vehicle at the time of Vehicle pick up. All unreported traffic violations will be the responsibility of a Customer if they occur during the time period during which such Customer is responsible for the Company Vehicle.
- You must not leave a Vehicle in a zone which has parking restrictions. If You leave the Vehicle in such a restricted zone, You must immediately notify the Company, and You will be responsible for any and all violation notices or towing charges incurred by the Company. Additionally, financial penalties will be levied against You for any inconvenience caused to other Company members if the Vehicle is unavailable for their reservation because of such parking violations as set out in the Our fee policy.
- The Company will perform all necessary and required routine maintenance on all of the Vehicles. However, Customers are responsible for the cleanliness of Vehicles and are expected to assist in helping the Company to maintain the driving safety and performance of the Vehicle, in particular during longer reservations or when the Vehicle indicates that Services or maintenance is required.
- Vehicles may require Roadside Assistance from time to time. The Company makes reasonable best efforts to provide Roadside Assistance support in all cases. If, however, a Customer’s need for Roadside Assistance results from a breach of these Terms and Conditions, the Customer may be charged for the full costs of the Services.
- Each time the Customer parks a Vehicle (either at the end of the reservation or during) the Customer is responsible for securing the Vehicle. The Vehicle’s Windows must be closed and the central locking remote must be done. If the car cannot be locked through the central locking remote, the user must remove the key and lock the car manually. Customer will be responsible for any fees or charges associated with a failure to perform these steps.
- The Company encourages all its Customers to take full responsibility of their belongings. In case of any Customer claims to have left back any luggage or any phones or personal music devices inadvertently in the Vehicles after the Customer completes his/her reservation, The Company shall endeavor to locate the lost belongings on a “best-effort” basis provided the Customer notifies the Company of the same within reasonable time, but the Company shall not be held responsible for such loss or Damage.
The User shall also adhere to the following obligations with regards to the Residences:
- Self-catering accommodations require that the Customer supply all provisions and consumables necessary for daily living. The staff at the Residence may accommodate any reasonable requests to purchase provisions on the Customer’s behalf, and this will be charged to the User’s account.
- Any User valuables or property left or used at the Residence are at the User’s own risk. Neither Website, the Service Provider nor the Service Provider’s Representative accepts any responsibility for loss of or damage to User property. The User is responsible for the Residence during the Rental Period, and must ensure that all windows and doors are locked securely when not on the premises. Any act or omission by the User, their party and/or visitors which may negate or prejudice the Residence’s insurance policy and/or results in loss or damage is the User’s responsibility.
- Conduct and Due Care:Residences are generally located in quiet neighborhoods. The User is asked to respect this, and ensure that all Users and visitors to the Residence behave appropriately. Illegal or immoral activities including gambling, prostitution, prohibited drugs, possession or use of pyrotechnics or dangerous goods, and possession or use of firearms and other weapons are all strictly prohibited. Smoking is generally prohibited unless stated otherwise in the booking confirmation or reservation voucher. The User is responsible for the behaviour of the Users staying at the Residence, as well as visitors to the premises during the Rental Period. Should any User(s) or visitor(s) not behave in a suitable manner, the Service Provider or Service Provider’s Representative may, in their absolute discretion, require the User, their party and/or visitor(s) to leave the premises and/or vacate the Residence immediately, without compensation or refund. no visitor is allowed to stay in the villa, it will be the responsibility of the User if any kind of mishap occurs and we will not be liable for the same.
- All bookings are assumed to be for normal holiday purposes only, and the User agrees that the use of the Residence will be limited to this purpose unless otherwise confirmed in writing.
- If the User is planning to hold an event, such as a wedding or party, which involves having a larger number of people at the Residence, or if the User is planning to use the Residence for a purpose other than holiday, please communicate this to the Website at the time of booking, as special approval or arrangements may be required. Depending on the nature of the event, a surcharge and/or additional security deposit may be required, which will be agreed and confirmed in writing prior to confirming the reservation. Note that some Residences are in residential areas or estates, and some are subject to rules and regulations regarding their use. Therefore, it may not always be possible to grant permission for certain uses or activities due to these or other reasons beyond the control of the Website and the Service Provider.
- If the Website has confirmed a booking which includes an event at the User’s chosen Residence, in certain circumstances the User must then obtain permits from the police and the local community before the event can proceed. The User acknowledges and agrees that the Website, the Service Provider and the Service Provider’s Representative cannot control the issue of these permits. If the police and/or the local community refuse to issue a permit for an event at the Residence, the Service Provider or the Service Provider’s Representative will refund any event fee paid by the User to the Service Provider, however neither Website, the Service Provider nor the Service Provider’s Representative will be liable for any further refund or payment to the User.
- In the interests of safety, due care should be taken at the Residence at all times, especially with children. Suitable supervision should be given around pools, beaches and roads, and when using all Residence’s facilities.
- The number of persons (adults and children) staying at the Residence must not exceed the maximum number of sleeping places indicated in the booking confirmation and reservation voucher, unless specifically authorised in writing. Exceeding this number may invalidate any insurance policy on the Residence. Entry or access to the Residence may be refused or limited where the number of Users exceeds the stated requirement. No pets are allowed unless agreed in writing in advance.
- The Residence and its facilities are available for the User’s full enjoyment during the Rental Period. However the Service Provider, Service Provider’s Representative, or other staff and contractors may need access to the Residence from time to time (e.g. for maintenance purposes to the house, garden, swimming pool, utilities and services, or for the purposes of providing additional services requested by the User, etc.). The User is required to give them reasonable access to the Residence for these purposes.
- A Residence is typically someone’s home. Please treat the Residence rented accordingly, and leave the Residence and all its contents in good order and in an acceptably clean condition.
- Any damage or losses caused during the Rental Period, as well as any special cleaning requirements will be the User’s responsibility and may be charged to the User’s account and deducted from the User’s security deposit. In cases of excessive or unacceptable loss or damage at any time during the Rental Period, the Service Provider or Service Provider’s Representative may require the User and their party, including visitors to vacate the Residence immediately, without compensation or refund.
- A security deposit may be payable directly to the Service Provider or Service Provider’s Representative immediately upon arrival at the Residence. The standard security deposit required for each Residence is stated in the Residence description; however the Service Provider has the right to impose different requirements on a case by case basis. Access to the Residence may be refused if security deposit is not paid in full. When the security deposit is required to be paid in cash, or when a non-standard security deposit applies, the Website will inform the User in advance of the amount payable and any other conditions. The User has to report any damages observed in the rental property at the time of check-in by phone or mail or the damage may be deemed to be occurred during occupancy.The security deposit will normally be refunded at the end of the rental period, after deducting.
- All additional expenses incurred on the User’s behalf (e.g. additional charges for goods, services and staff which have not been directly paid by the User, and telephone and internet charges, if applicable) and
- The cost of replacement or repair for any loss or damage to the Residence or its surrounds or contents caused during the Rental Period. If this cost cannot be reasonably determined prior to the User’s departure, the Service Provider or the Service Provider’s Representative is entitled to withhold a reasonable estimate from the User’s security deposit, and will return any balance to the User as soon as possible after the actual cost has been determined.
- Typical check-out and check-in times are 11:00 AM and 12:00 PM respectively unless stated otherwise. The Website will work with the Service Provider or Service Provider’s Representative to try to accommodate the User’s actual arrival and departure times, subject to availability. Please do advise the Website of any changes to the User’s schedule so every effort can be made to accommodate them. Users will be charged for the day rental if check-out time is delayed.
- It is expected that a reasonable behavior shall be followed by the Customers / passengers while utilizing the Services offered by the POSHMILES. It is expected that Customers do not behave in a manner which causes discomfort, inconvenience, damage or injury to the crew. In the event of such an occurrence, we/are at liberty to/may take such measures as we deem necessary to prevent continuation of such conduct including restraint. You may be disembarked and refused onward carriage at any point and may be prosecuted for offenses committed on board the aircraft.
- We encourage all Customers to take full responsibility of his/her items. In case of lost items during the journey, Operator 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.
- All the calls made to the Customer Care are recorded for quality and internal training purposes.
- It is expected that the Customers/ passengers while utilizing the services offered by Poshmiles adhere to reasonable conduct and Poshmiles reserves the right to deny boarding to consumer/passengers who are under the influence of alcohol or display any type of misbehavior which may not be deemed safe and suitable for travel.
- In the event wherein your conduct or the conduct of your User endangers the aircraft or any passenger or property while on board, or you obstruct or hinder the crew in the performance of their duties, or fail to comply with any instruction of the crew, including but not limited to, those with respect to smoking in any form, drugs, alcohol, or use any threatening, abusive or insulting words towards the crew or behave in a manner which causes discomfort, inconvenience, damage or injury to the crew, Poshmiles reserves the right to take such measures as they deem necessary to prevent continuation of such conduct including restraint. You may be disembarked and refused onward carriage at any point and may be prosecuted for offenses committed on board the aircraft by Poshmilesor any statutory organization as may be permitted for the law in force for the time being.
14 USE OF WEBSITE AND SERVICES
The User undertakes to fulfil the following obligations. Failure to satisfy any of these obligations gives Us the right to permanently suspend Your account and/or claim damages for any losses that accrue to Us or additional costs that may be imposed on us.
- You hereby certify that you are at least 18years of age.
- You hereby agree to provide genuine credentials during the process of registration for the Poshmiles Platform. You shall not use a fictitious indentity to register.
- You agree that any Content posted by shall be unbaised and objective. You must also ensure that your contributions to the Website are relevant and appropriate to the forum.You alone are responsible for Your Content.
- You agree not to publicize other User’s private information without their consent. Such private information shall include but not be limited to close-up photos or videos,other User’s full names and address.
- You agree to ensure the email address and mobile number provided in your account registration isvalid at all times and shall keep your contact information accurate and up-to-date.
- You agree that your are solely responsible for maintaining the confidentiality of your account password. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.
- You agree to comply with all local laws and regulations governing the downloading, installation and/or use of the Poshmiles Platform, including, without limitation to, any usage rules set forth in this Agreement.
- You agree to make no representations or warranties or enter into any contracts on behalf of Poshmiles. Customer and Service Provider may agree to additional terms in their service Contract materially different than the Standard Terms; however, nothing in such service Contract will in any way limit or modify Poshmiles’s rights.
- You recognize, acknowledge and agree that You are not an employee of Poshmiles and that Poshmiles does not, in any way, supervise, direct, or control Your work or Services;
- You undertake not to:
i. Cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or software obtained from the Poshmiles Platform. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the Content for commercial or non-commercial purposes and unwarranted modification of data and information within the Content of the Website is not permitted. Should You want to engage in one or more such actions, prior permission from Poshmiles must be obtained;
ii. Access (or attempt to access) the Poshmiles Platform and/or the materials or Services by any means other than through the interface that is provided by the thePoshmiles Platform. The use of 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 Poshmiles Platform or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Poshmiles 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 Poshmiles Platform is prohibited. You acknowledge and agree that by accessing or using the Poshmiles Platform, You may be exposed to Content from other Users or Third Parties that You may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising in relation to such offensive Content on the Poshmiles Platform. Further, You may report such offensive Content;
iii. use the Poshmiles Platform in any manner that may impair, overburden, damage, disable or otherwise compromise (i) Company’s services; (ii) any other party’s use and enjoyment of the Company’s services; or (iii) the services and products of any Third Party (including, without limitation to, the Authorized Device);
iv. use the Services or Materials for any unlawful purposes or to conduct any unlawful activity, including, but not limited to, fraud, embezzlement, money laundering or identity theft;
v. abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
vi. engage in any activity that interferes with or disrupts access to the Poshmiles Platform or the Services (or the servers and networks which are connected to the Website);
vii. upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Poshmiles Platform;
viii. download any file posted in the Poshmiles Platform that you know, or reasonably should know, cannot be legally distributed in such manner;
ix. probe, scan or test the vulnerability of the Poshmiles Platform or any network, devises and software solutions to the Poshmiles Platform, nor breach the security or authentication measures on the Poshmiles Platform or any network, devises and software solutions connected to the Poshmiles Platform. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Poshmiles Platform, or exploit the Poshmiles Platform or Service or information made available or offered by or through the Poshmiles 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 Poshmiles Platform;
x. disrupt or interfere with the security of, or otherwise cause harm to, the Poshmiles Platform, systems resources, servers, software solutions or networks connected to or accessible through the Poshmiles Platform or any affiliated or linked Websites;
xii. violate any applicable laws or regulations for the time being in force within or outside your home country;
xiii. violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
xiv. threaten the unity, integrity, defence, security or sovereignty of your home country, 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;
xv. disseminate information through the Poshmilesplatform that is false, inaccurate or misleadingor violate any applicable laws or regulations for the time being in force in or outside your home country.
15 CONFIDENTIAL INFORMATION
Confidential Information shall mean any information disclosed by the Customer on the Poshmiles Platform, related to the booking. However, Confidential Information shall not include information that: (a) is now or subsequently becomes publicly known through no wrongful act or omission of the Website or anyone to whom it discloses such information; (b) the Website can demonstrate by its written records to have had rightfully in the Customers possession, free of restriction, prior to the date of this Agreement; (c) the Website can demonstrate by its written records to have obtained on or after the date of this Agreement, rightfully and free of restriction, from a third party who has the right to transfer or disclose it, provided that it was not acquired, directly or indirectly, from the Customer; (d) the Website can demonstrate by its written records to have been independently developed.
All Service Providers using the Poshmiles Platform acknowledge that certain information disclosed by Customer may be confidential and, if so, must be protected. All Confidential Information and its embodiments and derivatives shall remain the sole and exclusive property of the Customer and no license or other right with respect to Confidential Information is granted or implied hereby.
16 REPRESENTATIONS AND DISCLAIMER OF WARRANTIES
- Except as otherwise expressly stated on the Website, all Services offered on the Website are offered on an “as is” basis without any warranty whatsoever, either express or implied.
- All commercial/contractual terms are offered by and agreed to between User and Service Providers alone. Poshmiles disclaims all liability to either the Customer or the Service Provider or any person claiming for any breach of the terms of the Agreement signed between them based on the ratings, reviews or the work profile of Service Providers mentioned on Poshmiles.
- The Company/Website makes no representations as to the reliability, capability, or qualifications of any Service Provider or the quality, security or legality of any Services and Poshmiles disclaims any and all liability relating thereto.The Company/Website does not implicitly or explicitly support or endorse the procurement of any Service on the Website.
- The User agrees and undertakes that he/she is accessing the Website and transacting at his/her sole risk and that he/she is using his/her best and prudent judgment before availing any Services listed on the Website, or accessing/using any information displayed thereon.
- The Website and the Company accepts no liability for any errors or omissions, whether on behalf of itself, any Service Providersor third parties, or for any damage caused to the User, the User’s belongings, or any third party, resulting from the use or misuse of any service availed of by the User from the Website.
- The Company/Website does not guarantee that the functions and services contained in the Website will be uninterrupted or error-free, or that the Website or its server will be free of viruses or other harmful components, and the User hereby expressly accepts any and all associated risks involved with the User’s use of the Website.
- It is further agreed to by the Parties that the Contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
- The company does not provide air carrier services, and the company is not a registered air carrier. It is up to the third party air carrier charter operator (“operator”) to offer air charter services, which may be scheduled through use of the application or service. The company offers information and a method to obtain such third party air charter services.
- The Company will not liable for any Damages caused due to accidents by the Customers. The Company disclaims all liability relating to such instances.
- The Company shall not be responsible or liable for any loss or Damage, howsoever caused or suffered by the User arising out of the use of Services offered by Company or due to the failure of Company to provide Services to the User for any reason whatsoever including but not limited to the User’s non-compliance with the Services recorded voice instructions, malfunction, partial or total failure of any network terminal, data processing system, computer tele-transmission or telecommunications system or other circumstances whether or not beyond the control of Company or any person or any organization involved in the above mentioned systems.
- The Company will not be liable for any Damages of any kind arising from the use of the Services offered by the Company, including, but not limited to direct, indirect, incidental, punitive, and consequential Damages.
- You agree that the entire risk arising out of Your use of the Services, and any Services requested in connection therewith, remains solely with You, to the maximum extent permitted under applicable law. The Company shall not be responsible financially or otherwise for any injury to the Customers or any other third party in the course of this Agreement.
- The Company encourages all its Users to take full responsibility of his/her items. In case of lost items inside the Company during the journey, Company 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. The Company shall not accept any claim/s arising out of such contingencies.
- If the User leaves any goods in any Vehicle of Flight or has any complaint in respect of the Services or the use of the Vehiclesor Flights, the User has to inform Company of the same in writing within 24 hours of using the Vehicle or the Services of Company.
- It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
- The Website, Service Provider nor his representative accept any responsibility for:
i. any physical injury, sickness, death, loss, damage, inconvenience or additional expenses incurred by the User, their party or visitors regardless of the cause;
ii. any vehicle or the contents of any vehicle used, hired or engaged by the User or their party during the rental period; inability of the User or any member of the User’s party to enter the location of the Residence or stay at the Residence for all or part of the rental period as a result of failure to obtain appropriate travel or visa documentation, cancellation or amendments to travel arrangements or the missing of flights or travel connections; and/or
iii. any delay or cancellation of the booking as a result of war, threat of war, riot or civil strife, strike, demonstration, terrorist activity (threatened or actual), natural disaster, fire, sickness, weather conditions, action at an airport or port by any government or public authority, technical problems relating to transport and airport regulations caused by technical, mechanical or electrical breakdowns, or any technical, structural, electrical, plumbing or other problems or difficulties with the Residence which make it unsafe or unusable, or any other circumstances which amount to ‘force majeure’ or Acts of God, or other events beyond the Service Provider’s control.
17 LIMITATION OF LIABILITY
Poshmiles accepts no liability for any errors or omissions, whether on behalf of itself or third parties, or for any damage caused to the User, the User’s belongings, or any third party, resulting from the use or misuse of any service availed of by the User from the Poshmiles Platform.
Users may be held legally responsible for damages suffered by other Users, Poshmiles or any third party as a result of legally actionable or defamatory comments, remarks, or other information or Content posted to the Poshmiles Platform. All Customers and Service Providers are to comply with all laws applicable to them or to their activities, and with all posted Poshmiles Policies, which are hereby incorporated into this Agreement by reference. These policies may be modified from time to time at Poshmiles’s discretion, and the currently effective policies will be deemed to be part of this Agreement.
Poshmiles is not legally responsible for any remarks, information or other Content posted or made available on the Poshmiles Platform by any User or third party, even if such information or Content is defamatory or otherwise legally actionable. Poshmiles is not responsible for and does not monitor or censor Content for accuracy or reliability. However, Poshmiles reserves the right to remove or restrict access to any information or Content posted or made available on the Poshmiles Platform if ordered to do so by a government authority or if Poshmiles considers such information or Content to be in violation of this Agreement, or to be unlawful, immoral or harmful.
18 INTELLECTUAL PROPERTY RIGHTS
a. All information, Content, services and software displayed on, transmitted through, or used in connection with the Poshmiles Platform, including for example news articles, reviews, directories, guides, text, photographs, images, illustrations, audio clips, video, html, source and object code, trademarks, logos, and the like (collectively and hereinafter referred to as the “Content”), as well as its selection and arrangement, is owned by Us. You may use the Content only through the Poshmiles Platform, and solely for your personal, non-commercial use.
b. You may not, republish any portion of the Content on any Internet, Intranet or extranet site or incorporate the Content in any database, compilation, archive or cache. You may not distribute any Content to others, whether or not for payment or other consideration, and you may not modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content. You may not scrape or otherwise copy our Content without permission. You agree not to decompile, reverse engineer or disassemble any software or processes accessible through the Poshmiles Platform, not to insert any code or product or manipulate the Content of the Poshmiles Platform in any way that affects the user’s experience, and not to use any data mining, data gathering or extraction method.
19 INTELLECTUAL PROPERTY COMPLAINTS
a. We respect the intellectual property of others. If You believe Your work has been copied in a way that constitutes infringement or are aware of any infringing material on the Poshmiles Platform, please email us at email@example.com.
b. By providing information to, communicating with, and/or placing material on, the Poshmiles Platform, including for example but not limited to, communication during any registration and communication on the bulletin board, message or chat area, You represent and warrant:
i. You own or otherwise have all necessary rights to the Content you provide and the rights to use it as provided in this Terms of Service;
ii. all information You provide is true, accurate, current and complete, and does not violate these Terms of Service; and,
iii. the information and Content shall not cause injury to any person or entity. Using a name other than your own legal name is prohibited (except in those specific areas of the Poshmiles Platform that specifically ask for unique, fictitious names such as, inter alia certain message boards and chat rooms).
For all such information and material, you grant us, a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works from such information, in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the previous sentence, you authorize us to share the information across all our affiliated Websites, to include the information in a searchable format accessible by users of Poshmiles Platform and other affiliated Websites, and to use your name and any other information in connection with its use of the material you provide. You also grant the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication you send to us for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. All rights in this paragraph are granted without the need for additional compensation of any sort to you.
- We may modify, replace, refuse access to, suspend or discontinue the Services, partially or entirely, or add, change and modify prices for all or part of the Services for You or for all Users at any time and in Our sole discretion. These changes shall become effective upon providing a notice of the same to You via email/ the home screen of the Website. We further reserve the right to withhold, remove and or discard any Content available as part of Your account, with or without notice, if deemed by Us to be contrary to this Agreement.
- Poshmiles has no obligation to provide You with a copy of the information You or any other User provides on the Poshmiles Platform or that the Poshmiles Platform has accessed.
- Further, We reserve the right, in Our sole discretion, to modify or replace any part of this Agreement at any time, effective upon the date of giving Users notice of the same. Notice shall be provided of such change via email to the Users and/ or by posting a notice on the home screen of the Poshmiles Platform.
You and We both understand that there may be instances of difficulty in accessing or receiving email communication. We are not responsible if any email notice gets caught by Your SPAM folder, or if You do not see the email, or if You have given us an incorrect email id or if for any other reason You do not receive the email notice. Therefore, we encourage you to frequently open the Poshmiles Platform to monitor any changes. Your continued use of or access to the Services following the posting of any changes to this Agreement constitutes acceptance of those changes. We may also, in the future, offer new services and/ or features through the Poshmiles Platform. Such new features and/ or services shall be subject to the terms and conditions of this Agreement.
You agree to indemnify and hold harmless the Company, its independent agents and consultants, and their respective directors, officers, employees and agents (collectively, “Poshmiles Parties”), from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to (a) your access to or use of the Platform(s); (b) any Discussions or Messages you provide; (c) your violation of these Terms and Conditions; (d) your violation of any rights of another; (e) your conduct in connection with the platform(s); or (f) any services purchased or obtained by you in connection with the platform(s). You agree to fully cooperate in indemnifying Us at Your expense.
Each Customer shall indemnify, defend and hold harmless the Indemnified Parties from any and all claims, damages, liabilities, costs, and expenses (including, but not limited to, reasonable attorneys’ fees and all related costs and expenses) arising from or relating to: (i) such Customer’s use of Services, including without limitation claims by or on behalf of any Service Provider for Worker’s Compensation or unemployment benefits; (ii) any Contract entered into between such Customer and Service Provider; or (iii) any breach of their obligations set forth herein.
Each Service Provider shall indemnify, defend and hold harmless the Indemnified Parties from any and all claims, damages, liabilities, costs, and expenses (including, but not limited to, reasonable attorneys’ fees and all related costs and expenses) arising from or relating to: (i) such Service Provider’s provision of Services, (ii) any Service Contract entered into between such Service Providerand a Customer; or (iii) any breach of their obligations set forth herein.
In no case will Website, the Service Provideror the Service Provider’s Representative individually or collectively be liable to make any payment or give any refund or compensation of any amount over and above the total rental amount paid.
22 DISPUTES ARISING OUT OF THIS AGREEMENT
All disputes involving but not limited to rights conferred, compensation, refunds, and other claims will be resolved through a two-step Alternate Dispute Resolution mechanism.
14.1 Stage 1: Mediation. In case of a dispute, the matter will first be attempted to be resolved by a sole mediator who is a neutral third party and will be selected at the mutual acceptance of a proposed mediator by both parties. Both parties may raise a name for the sole mediator and in the case both parties accept the proposed name, the said person shall be appointed as sole mediator. In case the parties are not able to reach a consensus within two proposed mediators, the sole proprietorship reserves the right to decide who the final mediator is. The decision of the mediator is not binding on both parties.
14.2 Stage 2: Arbitration. If the dispute is not settled by mediation, it shall be referred to and finally resolved by arbitration, which shall be governed by the law, rules and regulations of state of Karnataka, India. The Arbitral award is binding on both parties. The Arbitration Board shall comprise three members – one appointed by each party and the third member to be nominated by the two appointed members by mutual consent. Arbitration shall be held at Bangalore, Karnataka. The proceedings of arbitration shall be in the English language. The arbitrator’s award shall be final and binding on the Parties.The exclusive jurisdiction and venue for actions and disputes mentioned above shall be the courts located in Bangalore, Karnataka, India and You hereby submit to the personal jurisdiction of such courts.
Any and all communication relating to any dispute or grievance experienced by the User may be communicated to the Company by the User reducing the same to writing, and sending the same to the registered office of the Company by Registered Post, or send an email to firstname.lastname@example.org.
25 MISCELLANEOUS PROVISIONS
a. Entire Agreement: The terms and conditions set forth in this Agreement and any additional or different terms expressly agreed by Customer and Service Provider shall constitute the entire agreement and understanding of Customer and Service Provider with respect to each Service Contract and shall cancel and supersede any other prior or contemporaneous discussions, agreements, representations, warranties, and/or other communications between them. Notwithstanding the foregoing, the Customer and Service Provider shall always remain subject to the terms of the user Agreement.
b. Waiver: The failure of either party at any time to require performance of any provision of this Agreement in no manner shall affect such party’s right at a later time to enforce the same. No waiver by either party of any breach of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or construed as, a further or continuing waiver of any other such breach, or a waiver of any other breach of this Agreement.
c. Severability: If any provision of this Agreement shall to any extent be held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement shall in no way be affected or impaired thereby and each such provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. In such a case, this Agreement shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the rights and commercial expectations of the parties hereto, as expressed herein.