INTRODUCTION 

1. This agreement (“Terms of Use”) constitutes a legal and binding contract between the User (as defined hereunder) and Bout India Tours Private Limited (“Bout India”) with respect to the use of various Services (as defined hereinunder) that are provided by Bout India. This Terms of Use is an electronic record in terms of the Applicable Law(s) and does not require any physical or digital signature. The Terms of Use governs the access or usage of our website https://www.boutindia.com/ owned and operated by the Bout India, mobile site(s) and mobile application(s) of Bout India (collectively, “Website”) by the User. 

2. For the purpose of this Terms of Use, wherever the context so requires “you” and “your” shall mean the User (as defined hereunder) and the term “we”, “us” and “our” shall mean Bout India. 

3. Bout India may provide you any or all of the following services: (a) travel-related information, pricing, customized itinerary; (b) availability and reservations for airlines and hotels; (c) holiday packages; (d) bus and car rentals across cities and rural areas, etc. (collectively, “Services” and individually, “Service”). These Services may be availed by the User at any time during the year as offered by Bout India through various Third Party Service Providers (as defined hereunder). 

4. You are required to read the Terms of Use carefully before using or accessing the Website for utilizing and/or availing the Services of Bout India. In case you do not agree with the Terms of Use or any part thereof, you may not use the Website and we request you to leave the Website immediately. By mere accessing or using the Website, you shall be deemed to be contracting with Bout India and you signify your consent to the Terms of Use and other policies of Bout India (including but not limited to Privacy Policy (as defined hereunder)) as uploaded on the Website from time to time. 

5. All the rights and liabilities of Bout India with respect to any Services by Bout India shall be restricted to the scope of Terms of Use and other policies of Bout India.  

6. Additionally, the Third Party Service Provider itself may provide terms and guidelines that govern particular features, offers or the operating rules and policies applicable to each Service (for example, flights, hotel reservations, packages, etc.). The User shall be responsible for ensuring compliance with the terms and guidelines or operating rules and policies of the Third Party Service Provider with whom the User elects to deal, including terms and conditions set forth in a Third Party Service Provider’s fare rules, contract of carriage or house rules.

7. Bout India at its sole discretion reserves the right not to accept any booking placed by the User through the Website without assigning any reason thereof. Any contract to provide any Service by Bout India is not complete until full money towards the Service is received from the User and accepted by Bout India.

8. Bout India does not act as the merchant of record for any Services made available on the Website. 

1. DEFINITION 

Unless the context otherwise requires, the terms used in this Terms of Use, when capitalized, shall have the meanings assigned to them herein below: 

1. 1. “Applicable Law(s)” shall mean all laws, regulations, rules, statues, ordinance, order, decree, agreement, bye-laws and guidelines policies, directions, directives, approvals of any authority, orders of any government, statutory authority, court, and tribunal board, court, and/or another authority having jurisdiction over the User.

   2. “Booking Execution Date” shall mean the date from which the Confirmed Booking will be executed i.e. the date from which the actual availment of the first Service mentioned in the Confirmed Booking’s itinerary commences;  

   3. “Person/s” shall mean an individual, corporation, partnership, limited liability partnership, association, trust or other entity or organization, including a government or political subdivision or an agency or instrumentality thereof.

   4. “Third Party Service Providers” shall mean the vendors including but not limited to the hotels, airlines, railways, transport services providers or any other Person which has been engaged by Bout India to render the Services to the Users.  

   5. “User/s” shall mean any Person including travel agents who avail / intend to avail / visits / inquire about any Services made available by Bout India through the Website. 

1. REGISTRATION ON THE WEBSITE

1. 1. For availing the Services through Website, the User shall be of minimum of eighteen (18) years of age or such other age as prescribed under the Applicable Law(s). By using or accessing or registering on the Website, you warrant, represent and confirm that you are of permissible age as required under the Applicable Law(s) to enter into a binding contract and is not a person barred from availing the Services under the Applicable Law(s).

   2. You can view and browse the Website without registration, however, in case of making any booking, registration of the User on the Website is mandatory. If the User opts to register himself on the Website, it can register on the Website as an end customer or as a travel agent by rendering details enquired by our Website for carrying out successful registration such as name, phone number, email address, etc. Upon completion of the registration process, the User shall receive a user id and password (collectively, “Log-in Details”). The User agrees and undertakes at all times to be responsible for maintaining the confidentiality of the Log-in Details and shall be fully responsible for all activities that occur by use of such Log-in Details. Further, the User agrees not to use any other party’s Log-in Details for any purpose whatsoever without proper authorization from such party. You are responsible for all transactions undertaken using your Log-in Details through our Website. The password entered by you while log-in into the Website, is transmitted in one-way encrypted form to our database and stored as such and thus, such password will not be known even to Bout India. 

   3. You represent and warrant to us that the details provided by You on the Website at the time of registration are true and correct in all respect (“Registration Details”). You further agree to maintain and promptly update the Registration Details to keep it true, accurate, current and complete. If any of the Registration Details provided by the User is untrue, inaccurate, not current or incomplete or Bout India has reasonable grounds to suspect that such Registration Details is untrue, inaccurate, not current or incomplete, then in such scenario Bout India has the right to suspend or terminate the concerned User’s registration and refuse any and all current or future use of the Website and/or any Service by such User. 

   4. The User also agrees and undertakes to immediately notify Bout India of any unauthorized use of the User’s Log-in Details and to ensure that the User log out at the end of each session at the Website. Bout India shall not be responsible for any, direct or indirect, loss or damage arising out of the User’s failure to comply with this requirement.

1. COMMUNICATION WITH BOUT INDIA

1. 1. Bout India may send, to the User, the booking confirmation, itinerary information, cancellation, payment confirmation, refund status, schedule change or any such other information relevant for the transaction or the Service(s) availed by the User, via SMS or Whatsapp or by voice call on the contact number given by the User at the time of booking or through email. Bout India may also contact the User by voice call, SMS or email in case the User couldn’t or hasn’t concluded the booking, for any reason whatsoever, to know the preference of the User for concluding the booking and also to help the User for the same. When you register yourself on the Website, you consent to receive aforesaid communications with respect to the Services from Bout India through aforesaid media periodically and as and when required.

   2. You hereby unconditionally consent that such communications received from Bout India via SMS or by voice call on the contact number given by the User at the time of booking or through email is: (a) upon the request and authorization of the User; (b) ‘transactional’ and not an ‘unsolicited commercial communication’ as per the guidelines issued by the Telecom Regulation Authority of India (TRAI) or any other authority under the Applicable Law(s); and (c) in compliance with the relevant guidelines of TRAI or such other authority in India and abroad.

   3. In case any action is taken by any concerned authority due to any erroneous compliant raised by the User against Bout India with respect to the intimations mentioned above or due to a wrong number or email id being provided by the User for any reason whatsoever, the User will indemnify Bout India against all types of losses and damages incurred by Bout India as a result of such action. 

1. BOOKING BY THE USERS

1. 1. The User may, as per its requirements, request booking of any of the Services through Website after registering on the Website as per Clause 3 of this Terms of Use and shall follow the instructions or directions indicated/ displayed on the Website to facilitate submission of such booking request (“Booking Request”). Bout India reserves the right to refuse any Booking Request of a User without assigning any reason thereof. 

   2. On the basis of the Booking Request, Bout India will provide desired itinerary to the User (“Preliminary Itinerary”). The User hereby agrees and acknowledges that the Preliminary Itinerary provided by us is nothing but a mere guide to which we attempt to adhere to, however, the same may be altered on account of events which are beyond the reasonable control of Bout India or upon occurrence of force majeure events including, without limitation, war, unusual sever weather, act of god or government, accidents, flood, internet breakdown, strike, transportation failure etc. (collectively, “Force Majeure Events”) and unforeseeable events or change/imposition of conditions by Third Party Services Providers (“Change Events”). Upon occurrence of any of the Change Events, Bout India shall notify the concerned User regarding such change in the Itinerary and in such case, additional amount/charges, if any, shall be borne by the User.

   3. The User shall carefully go through the Preliminary Itinerary. The User may ask for customization of Preliminary Itinerary by submitting a customization request to us. Bout India has the right to accept or reject, as the case may be, such customization request. The User hereby acknowledges that in case Bout India accepts such customization request than Bout India may charge additional amount for working upon and implementing such customization request of the said User. Such additional amount will be included in the total amount payable under the Booking Request as provided on the Website. 

   4. Upon confirmation of the Booking Request by Bout India, the User shall pay the amount as specified on the Website or mutually agreed by Bout India and the User, in such manner as provided under Clause 6 (Payment of Booking) of Terms of Use. Upon receipt of the requisite payment, Bout India in coordination with the Third Service Provider shall confirm the Booking Request and the Preliminary Itinerary (including revised Preliminary Itinerary, if any) (“Confirmed Booking”) and provide relevant documents including final Itinerary, of such Confirmed Booking to the concerned User through any or all the communication channels as specified under Clause 4 of this Terms of Use. 

   5. Any change/alteration/addition in the Confirmed Booking can be done only when a request for the same is made by the User to Bout India. It is hereby clarified that Bout India reserves the right to accept or reject such change request. Upon acceptance of such request, you shall be required to pay the additional cost as required by Bout India for implementing such change request.  

   6. In case: (a) due to occurrence of any Force Majeure Event and/or any other act with is outside the reasonable control of Bout India, the number of tour days as mentioned in the Confirmed Booking gets extended; or (b) the Traveler willingly desires to extend the number of tour days as mentioned in the Confirmed Booking for any reason whatsoever, then in such scenario, the Traveler shall be solely liable to bear the additional costs and expenses associated with such extended period including but not limited to hotel, transportation, food, etc. charges. It is hereby clarified that such extension of the number of tour days as mentioned in the Confirmed Booking would even include one (1) day extension.   

   7. It is hereby clarified that the Confirmed Booking made in name of one User cannot be transferred in the name of any other User or any other third party irrespective of whose Log-in Details were used for making the Confirmed Booking. 

   8. Bout India, at its sole discretion, may offer discounts to travel agents registered as User on the Website. It is hereby clarified that Bout India reserves the right to vary or withdraw such discount from time to time.

1. PAYMENT OF BOOKING

1. 1. Upon confirmation of the Booking Request by Bout India, the User is required to make an advance payment of at least twenty per cent (20%) of the booking amount as shown on the Website or as mutually agreed between the User and Bout India (“Advance Booking Amount”) and the remaining eighty per cent (80%) of the booking amount shall be paid by the User in atmost thirty (30) days prior to the Booking Execution Date mentioned in the Confirmed Booking. In case the User fails to make payment of the remaining balance amount within the stipulated time frame, then: (a) the Confirmed Booking shall be deemed to be cancelled; and (b) notwithstanding anything mentioned in Clause 7 (Cancellation Charges) of these Terms of Use, the Advance Booking Amount shall be forfeited by Bout India. 

   2. The Users may opt for upfront payment of the complete booking amount at the time of confirmation of the Booking Request. 

   3. The User agrees and acknowledges that the booking amount to be paid by the User hereinabove for the Confirmed Booking consists of payments which are required to be made for the Services included by, demanded by and agreed by the User in the Confirmed Booking’s itinerary (“Booking Amount”). The User agrees that Bout India shall not be liable for Services which have not been included in the Confirmed Booking’s itinerary and in case any additional Services is requested by the User, the User shall be liable to pay for such additional Services.

   4. In case of reduction in the number of tour days due to ill health or due to any other reason whatsoever, Bout India and/or the Third Party Service Provider shall not be liable to refund the Booking Amount in proportion to the number of tour days reduced. The Traveler hereby agrees and acknowledges that there shall be no refund of the Booking Amount even in the cases all or few persons travelling as per the Confirmed Booking, didn’t turn up (no show) for the tour or leave the tour mid-way. 

   5. Bout India may vary or modify the Booking Amount on account of change in tax rates under Applicable Law(s). 

   6. In case User desires to make payment of the Booking Amount through its debit card or credit card, then the User shall ensure that the debit or credit card, as the case may be, which User uses shall belong to the User. The User shall be responsible for keeping the details and information of its card secured. The User agrees that Bout India shall not be responsible in case of any fraud or impersonation by any third person in relation to payment of Booking Amount on the Website through debit card or credit card, as the case may be (collectively, “Fraud Events”).  The User hereby acknowledges and agrees that in case, upon occurrence of any of the Fraud Events, Booking Amount or any part thereof is recovered from Bout India, then in such scenario, the User shall refund the entire Booking Amount to Bout India and shall always keep Bout India fully indemnified against the same. Further, Bout India shall have a right to set-off such Booking Amount paid by Bout India due to occurrence of Fraud Events, from any amount payable by Bout India to the User.     

1. CANCELLATION CHARGES

1. 1. The User may cancel the Confirmed Booking by providing a written cancellation request to Bout India at support@boutindia.com (“Cancellation Request”). Bout India may accept such Cancellation Request and take necessary actions accordingly.

1. 1. Once the Cancellation Request is received and processed by Bout India, the cancellation charges chargeable on such booking cancellation shall be as per the following table (“Cancellation Charges”):

1. 1. Notwithstanding anything mentioned in the afore stated table in Clause 7.2 of this Terms of Use, the cancellation charges in relation to: (a) cancellation of flight and/or train tickets; and (b) cancellation of hotel and/or transportation service bookings, would be levied on actual basis or in accordance with the concerned Third Party Service Provider’s cancellation policy, whichever is higher. 

   2. The period for calculating the Cancellation Charges shall be counted from the date on which the Cancellation Request is made by the User in writing to Bout India. 

   3. Our decision regarding the applicability of the Cancellation Charges shall be final and binding on the User.

   4. It is hereby clarified that the Booking Amount which the concerned User is entitled to receive after cancellation of the Confirmed Booking shall be payable to the said User after deducting the requisite Cancellation Charges.

1. YOUR RESPONSIBILITY

1. 1. The User shall not make any claim of loss/damage against Bout India upon occurrence of any of the following events: 

1. 1. 1. Non-satisfaction in relation to the Services or non-fulfilment of the Services by the Third Party Service Providers as mentioned in the Confirmed Booking;

      2. Increase in prices associated with the Services at the time of processing of Booking Request or facilitating additional Services demanded by the User, due to any reason which is beyond the reasonable control of Bout India and/or the Third Party Service Provider;

      3. Delay in providing Services by the Third Party Service Providers. 

1. 1. The User shall be responsible for: 

1. all the additional tickets, bookings, payments etc. which have not been included in the Confirmed Booking’s itinerary. 

2. obtaining and possessing, at its own cost, a valid passport and relevant visas and any other documents as required for implementation of the Confirmed Booking. 

3. taking requisite vaccinations, relevant travel and health insurance policy in relation to the Confirmed Booking at its own cost. 

4. for reaching at the places agreed in the Confirmed Booking’s itinerary at its own cost unless transportation services with respect to the same have been availed by the User from Bout India and which are specifically mentioned in the Confirmed Booking’s itinerary. 

1. 1. The User shall be responsible for securing and maintaining its Log-in Details. You agree and acknowledge that you will not share or disclose your Log-in Details to any third Person. In case of any disclosure of Log-in Details, you shall be solely liable for the loss or any damage caused to you by such disclosure. Additionally, you shall be liable for any damage or loss caused to Bout India due to such disclosure. In case of any unauthorized use or access of your account on the Website, you shall be responsible to promptly inform Bout India.

   2. While travelling, the User should be solely responsible for its baggage and personal items and accessories at all the time. Bout India shall not be liable for any loss or damage caused to User’s baggage and personal items and accessories during travel or stay as per the Confirmed Booking. 

   3. You acknowledge and agree to abide by the Terms of Use and that Bout India shall not be liable in case you fail to adhere to these terms.

   4. You access and/or use the Website on your own risk.

   5. You agree and acknowledge that Bout India reserves the right, in its sole discretion to terminate your access to Website and related Services for any reason whatsoever. 

   6. You agree and acknowledge that all the information and communication made between Bout India and you are confidential. The information shared by us to you shall not be disclosed in any manner unless the same is required for the purpose of availing Services of Bout India.

   7. You agree and represent to us that you will conduct yourself in an orderly and acceptable manner and should not disrupt the enjoyment of any third party. You represent and agree that Bout India will not be liable for your misconduct and/or misbehavior and/or negligent acts with other guests or individuals or Third Party Service Providers. 

   8. You shall adhere and comply with the timings of the tour at all times. In event you or any member of your booking misses the flight or any other transport arrangement, Bout India will not be liable for such delay and consequence thereof. 

   9. You shall pay all the additional expenses incurred by you while you are on a tour which are not included in the Confirmed Booking’s itinerary and all such personal additional cost will be on direct payment basis by the User to such third part and Bout India will not be liable for the same. User hereby acknowledges and agree that any Service (where nature/characteristics of such Service is that it can be used repeatedly or its usage can be extended) used by the User beyond the scope mentioned in the Confirmed Booking’s itinerary, the User shall be personally liable to make payment of such additional usage of such Services. Bout India disclaims all the liabilities and shall not accept or be responsible for any loss, damage, delay or expenses whatsoever, caused directly or indirectly, arising out of additional usage of such Service by the User. 

1. INTELLECTUAL PROPERTY RIGHTS 

1. 1. Bout India may provide the User with contents such as sound, photographs, illustrations, graphics, videos, designs, name, logo, mark icons, downloads and other materials contained in sponsor advertisements or information whether or not appearing on the Website (“Contents”). The Contents may be protected by copyrights, trademarks, or other intellectual property rights and laws. The User may use the Contents only as expressly authorized by Bout India. You hereby agree and assure to us that you will not copy, reproduce, publish, transmit, distribute, display, modify, or create derivative works of any or all the Contents of the Website without express authorization by Bout India. 

   2. Except where expressly stated to contrary, all third-party trademarks, pictures, products including that of Third Party Service Provider, are not in any manner linked, associated or affiliated with Bout India. Any Contents protected by copyright or other proprietary right of any  of the Third Party Service Provider featured on the Website are owned by the respective Third Party Service Provider and you acknowledges and agrees that you shall not upload, post, reproduce or distribute any of such Contents on or through the Website without obtaining the written permission for the same from the owner of Contents.

   3. Bout India reserves the right to remove or disable access to any Content, at any time and without prior notice and in its sole discretion, that Bout India, for any reason whatsoever, considers to be objectionable or in violation of Terms of Use or Applicable Law(s) or otherwise harmful to the Website or its Users. 

1. PRIVACY

1. 1. We thrive to protect privacy of our Users and Users’ information. We store and process your personal information collected, if any, on computers that may be protected by physical as well as reasonable security measures and procedures in accordance with the Applicable Laws. Our current privacy policy is available at https://www.boutindia.com/privacy-policy (“Privacy Policy”). Further, we might share your personal details as required with Third Party Service Providers in order to provide Services to you. In case you do not wish to share your personal information with us, you must not use the Website.  

   2. The User hereby consents, expresses and agrees that it has read and fully understands the Privacy Policy of Bout India. The User further consents that the terms and contents of such Privacy Policy are acceptable to it. 

1. DISCLAIMERS

1. 1. Bout India has taken due care to ensure that all the information provided on the Website by it is correct, however, Bout India since such information is gathered from third party and/or Third Party Service Providers, neither warrants nor makes any representation regarding quality, accuracy, correctness or completeness of any information or data available on the Website. 

   2. You acknowledge that through this Website, Bout India acts only as a booking agent/intermediary and a facilitator of the Services on behalf of the Third Party Service Providers and therefore, Bout India, not being the last-mile service provider to you, shall not be or deemed to be liable/responsible for: (a) any act of negligence, breached, errors, misconduct, cancellation, overbooking, default or omission by the Third Party Service Providers in any manner whatsoever including injuries, death, property damage, or other damages or expenses resulting therefrom; and (b) any lack or deficiency of the Services provided by Third Party Service Provider you engage or hire or appoint pursuant to or resulting from the material available in the Website. We do not warrant or make any representation regarding (a) Third Party Service Provider’s standard of services; and (b) the description or details of any Third Party Service Provider.

   3. You acknowledge that this Website is provided only on the basis set out in these terms and conditions. We disclaim all the liabilities and shall not accept or be responsible for any loss, damage, delay or additional expenses whatsoever, caused directly or indirectly, arising out of or in connection with any inability to access or use the Website due to certain factors which are outside our reasonable control including but not limited to the unavailability, inoperability or interruption of the internet or other telecommunications services or as a result of any maintenance or other service work carried out on this Website or due to occurrence of any force majeure event including, without limitation, war, unusual sever weather, act of god or government, accidents, flood, etc. 

   4. We do not accept any liability in case of change in price of any of the Services facilitated by Bout India on behalf of the Third Party Service Provider, due to any reason whatsoever. 

   5. Bout India is not responsible for any errors, omissions, technical inaccuracies, typographical errors or representations on any of its Website pages or on any links or on any of the linked Website pages. 

   6. Bout India does not endorse any Third Party Service Provider. We shall not be responsible for any damage, loss, expenses, or harm caused to you due to your interactions with Third Party Service Providers. You agree and acknowledge that any legal remedy or claim or damages that you seek with respect to acts or omission of Third Party Service Providers, shall be limited to the claims raised against such Third Party Service Providers who has caused you loss or damage and you hereby unconditionally agree not to attempt to impose any legal action against or seek any legal remedy from Bout India with respect to such act or omission committed by the concerned Third Party Service Provider. 

   7. The information, data or material available on the Website are provided on an “as is” basis. We and/or our employees make no warranty or representation of any kind either expressed or implied regarding the timeliness, content, accuracy, effectiveness or completeness of any information or data or material furnished hereunder or that the information or data provided hereunder may be relied upon. To the fullest extent permissible pursuant to Applicable Law(s), Bout India disclaims all warranties of merchantability, title, non-infringement or fitness for a particular purpose. 

   8. Bout India does not warrant that the functions contained in the Website will be uninterrupted or error free, that defects will be corrected, or that the Website or the servers that make it available are free of viruses or other harmful components, but shall endeavor to ensure your fullest satisfaction. 

   9. Ratings related to any of the Services facilitated by Bout India through the Website and which are displayed on this Website: (a) are intended as only general guidelines; (b) cannot be assumed (unless specifically mentioned) to be provided or reported by authorized rating agencies; and (b) might change from time to time due to various factors such as market forces, etc. Bout India and/or its employees, agents, representatives do not guarantee the accuracy of such ratings. 

   10. By uploading photos/images onto our Website (for instance in addition to a review) (collectively, “Uploaded Photos”) you certify, warrant and agree that you own the copyright to the Uploaded Photos and that you agree that Bout India may use the Uploaded Photos on its Website, and in (online/offline) promotional materials and publications and as Bout India at its discretion deems fit. You are granting Bout India a non-exclusive, worldwide, irrevocable, unconditional, perpetual right and license to use, reproduce, display, have reproduced, distribute, sub-license, communicate and make available the Uploaded Photos as Bout India at its discretion deems fit. By uploading the Uploaded Photos, the person uploading them accepts full legal and moral responsibility of any and all legal claims that are made by any third parties (including, but not limited to, Third Party Service Providers) due to Bout India publishing and using such Uploaded Photos. Bout India does not own or endorse the Uploaded Photos. The truthfulness, validity and right to use of all and any Uploaded Photos is assumed by the person who uploaded them on our Website and the same is not the responsibility of Bout India. Bout India disclaims all responsibility and liability for such Uploaded Photos. The person who uploaded the Uploaded Photos warrants that such Uploaded Photos shall not contain any viruses, trojan horses or infected files and shall not contain any pornographic, illegal, obscene, insulting, objectionable or inappropriate material and does not infringe any third party (intellectual property right, copyright or privacy) rights. Any Uploaded Photos that does not meet the aforesaid criteria will not be posted and/or can be removed/deleted by Bout India at any time and without prior notice.

   11. Bout India and/or its employees, agents, representatives make no representation and/or guarantee regarding about the suitability and/or availability of specific products and/or services displayed on the Website. The display of products and/or services of the Third Party Service Providers and/or its associated content, on our Website, does not in any way imply, suggest, or constitute a recommendation by Bout India of any particular product and/or services of any particular Third Party Service Provider, or any sponsorship or approval of such product and/or services of such Third Party Service Provider, or any affiliation between such Third Party Service Provider and Bout India. 

   12. In no event shall Bout India be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of, or in any way connected with, your access to, display of or use of this Website or with the delay or inability to access, display or use this Website (including, but not limited to, your reliance upon opinions appearing on this Website; any computer viruses, information, software, linked sites, products and services obtaining through this Website; or otherwise arising out of the access to, display of or use of this Website) whether based on a theory of negligence, contract, tort, strict liability, consumer protection statutes, or otherwise, and even if Bout India has been advised of the possibility of such damages. 

   13. If for any reason, laws of India does not permit exclusions of liability then, the maximum liability on part of Bout India arising under any circumstances, in respect of any Services offered on the Website, shall be limited to the refund of total amount received from the User for the Service(s) in question 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 Bout India for the Service(s) in question.

   14. We reserve the right to change the Website disclaimer from time to time. If this happens, we will notify you by posting the updated disclaimer on the Website. If you do not wish to be governed by the revised Website disclaimer, you must not use the Website.

1. LINKS TO WEBSITES OF THIRD PARTY

1. The Website may contain links to other websites (“Linked Websites”). The Linked Websites are not under the control of Bout India or the Website and Bout India is not responsible for the contents of any Linked Website, including without limitation any link contained in a Linked Website, or any changes or updates to a Linked Website. Bout India is not responsible for any form of transmission, whatsoever, received by the User from any of the Linked Websites. Bout India is providing the links of these Linked Websites to the Users on its Website only as a convenience, and inclusion of such link does not imply endorsement by Bout India of the Linked Websites or any association with its operators or owners including their legal heirs or assigns thereof.

2. Bout India is not responsible for any errors, omissions or representations on any of the Linked Websites. Bout India does not endorse any advertiser on any Linked Website in any manner. The Users are requested to verify the accuracy of all and any information available/displayed on such Linked Websites on their own before placing any reliance on such information.

1. MISCELLANEOUS 

1. 1. Amendment to Terms of Use

Bout India reserves the right to amend or modify the Terms of Use, at any time, without any prior approval or notification to you. Upon such modification or amendment, the updated Terms of Use will be updated on the Website. You are responsible for regular review of the updated Terms of Use. In case, modified terms and conditions of the updated Terms of Use are not acceptable to you, then you undertake to: (a) delete your account on the Website; and (b) discontinue access of the Website. However, in case you continue to access or use the Website after the updated Terms of Use has been uploaded on the Website, it shall be deemed that you have agreed and accepted such updated Terms of Use. 

1. 1. Jurisdiction

Subject to clause 13 (Arbitration), Bout India and you agree to submit to the jurisdiction of courts at Jaipur, Rajasthan. In case any part of the Terms of Use is found to be invalid by the Applicable Law(s), the remaining clauses of their Terms of Use shall remain valid and enforceable. The Terms of Use shall be governed by the laws of India. Bout India hereby expressly disclaims any implied warranties, express or implied, written or oral, including but not limited to warranties of merchantability and fitness for a particular purpose, imputed by the laws of any jurisdiction or country.

1. 1. Arbitration

In case any dispute between the User and Bout India arising out of or relating to the Terms of Use or Service provided by Bout India, such dispute shall be referred to a sole arbitrator who shall be an independent and neutral third party as identified and nominated by Bout India. The arbitration shall take place at Jaipur, Rajasthan. The arbitration proceeding shall be governed by the Arbitration and Conciliation Act, 1996. The language of arbitration proceedings shall be English. 

1. 1. Limitation of Damages

In no event Bout India and/or its affiliates shall be liable to you for any direct, indirect, special, consequential, punitive, exemplary or other damages (including without limitation lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever), loss of goodwill, unauthorized access to information arising out of or are related to the use of, or the inability to use, the content, materials, and functions of this Website or any Linked Websites, whether framed as a breach of warranty, in tort, contract, or otherwise even if the User is expressly advised of the possibility of such damages. 

1. 1. Indemnification

The User agrees to indemnify, defend and hold harmless Bout India and/or its owners, officers, employees, directors and affiliates, from and against any and all losses, liabilities, claim, damages, costs, demand, expenses or actions including reasonable attorneys’ fees, asserted against or incurred by Bout India and/or its owners, officers, employees, directors and affiliates that arise out of, result from, or may be payable  by virtue of: (a) any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by the User pursuant to this Terms of Use, Privacy Policy and other policies of Bout India and/or Third Party Service Providers; and/or (b) violation of any Applicable Law(s) including infringement of intellectual property rights of any third party. The user shall be solely and exclusively liable for any breach of any country specific rules and regulations or general code of conduct and Bout India cannot be held responsible for the same. 

1. 1. Relationship

None of the provisions of this Terms of Use or 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 the Website or Third Party Service Providers’ websites, shall be deemed to constitute a partnership between the User and Bout India and no party shall have any authority to bind or shall be deemed to be the agent of the other in any way.

1. 1. Feedback 

You have no obligation/right to provide Bout India with any idea, suggestion or proposal or feedback. In case you submit any feedback or suggestion, Bout India, in its sole discretion, may use the same on the Website or any other purpose without payment of any fee/charges to you. 

1. 1. Complaint and Grievance Officer

Bout India has appointed a grievance officer in accordance with Information Technology Act, 2000 and rules made thereunder, whose details are provided below:

Himanshu Maru

C-56, Nemi Nagar Extension,Vaishali Nagar, Jaipur, Rajasthan, India - 302021

+918559955333

support@boutindia.com

10.00 am to 08:00 pm (IST)

1. 1. Contact Information

In case, you want to ask or inquire any question, please contact us at info@boutindia.com or call on our helpline no. +918559955333. Helpline numbers are only available between 10.00 am to 08:00 pm (IST), Monday to Saturday and are not available on Sundays and on Indian national/ public holidays.