Bookmyright is the sole owner and operator of the Website www.bookmyright.com (referred to herein as “Bookmyright”, “Website”, “We”, “Us”, “Our”). Bookmyright intends to act only as an online medium or platform through which Users can avail required Services (as defined below) from third-party service providers. Bookmyright operates and manages its activities from its corporate office located at Pune(Maharastra, India).
ANY PARTICIPATION IN THIS WEBSITE AND/OR APP WILL SIGNIFY YOUR ACCEPTANCE OF THE TERMS DEFINED BELOW. IF YOU DO NOT AGREE TO ABIDE BY OR ACCEPT ANY OF THESE TERMS, PLEASE DO NOT USE OR ACCESS THE WEBSITE AND/OR APP OR ANY INFORMATION PRESENTED THEREIN.
For the purpose of these Terms, all references made to:
BY ACCESSING, USING OR PARTICIPATING IN THIS WEBSITE, YOU REPRESENT AND WARRANT THAT YOU ARE 18 YEARS OF AGE OR OLDER AND QUALIFIED TO ENTER INTO A LEGALLY BINDING AND ENFORCEABLE CONTRACT. WE MAY, IN OUR SOLE DISCRETION, REFUSE TO OFFER SERVICES TO ANY PERSON, USER OR ENTITY IF WE FEEL YOU DO NOT SATISFY THE MINIMUM AGE CRITERIA OR IF WE HAVE ANY REASON TO BELIEVE THAT YOU HAVE VIOLATED ANY OF THE TERMS SET FORTH HEREUNDER.
YOUR CONTINUED USE OF THIS WEBSITE AND/OR APP, AFTER REVISION OF TERMS, WILL CONSTITUTE YOUR ACCEPTANCE OF THE REVISED TERMS. IF YOU DO NOT AGREE TO ABIDE BY OR ACCEPT ANY OF THESE OR THE FUTURE TERMS, PLEASE DO NOT USE OR ACCESS THIS WEBSITE OR ANY INFORMATION PRESENTED ON THIS WEBSITE.
You expressly acknowledge and agree that the use of the Bookmyright Website and/or App, including but not limited to any of the content, information or data presented on the Website is solely at your own risk.
To the maximum extent permitted by applicable law, the Services offered through the Bookmyright Website and/or App, including but not limited to the information delivered as part of the Service, all the content, materials, data, and information (collectively referred to herein as “Content”) and the content or information submitted by other users or Third-Parties (collectively referred to herein as “Third-Party Data”, “Data”), and any other substance of the Bookmyright Website and/or App, are provided on an “AS IS” and “AS AVAILABLE” basis without any warranties, representations or conditions of any kind (express or implied) of non-infringement, merchantability, suitability, and fitness for a particular purpose, to the maximum extent as permitted by applicable law.
You acknowledge and agree that, while using Bookmyright, you may be exposed to Content submitted by Third-Party sources. We are not responsible or liable for the inaccuracy, usefulness or safety of accessing such Content. Bookmyright reserves the right to remove, delete, edit, or move the Content, in part or in whole, without prior notice, and also terminate the User’s access or permission to use the Website and/or App if We feel that the Content submitted by you is inappropriate, does not comply with the provisions mentioned in these Terms, are in violation of Copyright laws, Intellectual Property laws, or are pornographic, obscene, offensive, insensitive, or vulgar. You agree to indemnify and hold Bookmyright free and harmless regarding all matters related to your use of the Bookmyright Website and/or App or the Content presented therein.
Bookmyright and its Directors, Managers, Officers, Employees, Successors, Assigns, Subsidiaries, Service Providers, and Agents (referred to herein, for the sake of these Terms, as “Team”) MAKE NO WARRANTIES, REPRESENTATIONS OR GUARANTEES, with respect to the following:
Bookmyright and its Team DO NOT PROVIDE ANY WARRANTIES AGAINST and DISCLAIMS ALL LIABILITIES FOR:
Bookmyright will not be involved in, party to or responsible for any transaction, or disputes, that takes place between Service User(s) and Service Provider(s), and disclaims all liabilities related to the same.
Bookmyright Website and App may contain information and links provided by one or more Third-Parties; and, we cannot have complete control and are not responsible for the information provided by such Third-Parties (Third-Party Data). Bookmyright does not endorse, warrant, guarantee, or assume responsibility for the product, service, or material advertised, offered or provided by a Third-Party, and the placement of such Third-Party Data, links or advertisements in any part of the Website does not constitute endorsement by Bookmyright in any way. Therefore, you acknowledge that you will hold Bookmyright and its Team free of any liabilities arising from your access or use of such Third-Party Data and links to their websites presented on the Bookmyright Website and/or App, or the content presented therein. We would advise you to read the Terms and Conditions of each Third-Party website before you visit or use the same.
The Services and information presented on the Bookmyright Website or App may contain Technical Inaccuracies or Typographical Errors. Hence, you agree to use your best judgement and exercise caution while using the Content or Services on the Bookmyright Website and/or App.
The original content, features, and functionality in the Bookmyright Website and App, including without limitations all the information, text, scripts, graphics, images, displays, audio, video and software (collectively referred to herein as “Info”), are owned by Bookmyright; and all the logos and icons (“collectively referred to herein as “Brand”), are trademarks of Bookmyright. The Info and Brand of Bookmyright are protected by copyright, trademark, trade secret, patent, and other intellectual property or proprietary rights laws.
Any and all other trade names, trademarks, logos, and content presented on the Bookmyright Website and/or App are submitted by Third-Party Service Providers or licensors (“Third-Party Info and Brand”); the ownership and rights to which, rest completely with their respective owners. You must ensure not to use the Info, Brand and other materials on the Website and/or App for any other purpose except as expressly permitted herein.
Users of the Bookmyright Website and/or App should make sure that the Content available on the Website and/or App be used for non-commercial, personal, informational, reference and research purposes only. You must not copy, reproduce, alter, modify, create derivative works, redistribute, rebroadcast, republish, publicly display, download, store, loan, rent, sell, or commercially exploit the information or any of the Content on the Website and/or App in any manner, without prior written permission from Bookmyright or the respective owners. The Bookmyright Website and App may contain Third-Party Info and Brand, including but not limited to text, graphics, logos, trade names, and other content, which you shall not misuse in any manner. You also agree not to modify, disable, override, circumvent, or otherwise interfere with any of the security features or interactive features of the Website and/or App, which may prevent, restrict, or enforce limitations on the access or use of the Website and/or App.
These Terms grant you, the User, a personal, non-exclusive, non-transferable, revocable and limited license to access and use the Website and/or App and any Content presented therein; if you download, or print a copy of any of the data, content or information published on the Website, you must do so solely for your personal use only.
Use of any of the Content presented on the Bookmyright Website and/or App for any purpose other than expressly permitted by Bookmyright as per these Terms is prohibited and may invite legal action.
Bookmyright respects the rights of Intellectual Property Owners and expects the same from its Users.
Bookmyright may, at its sole discretion, suspend, block, or terminate the Users of the Website who infringe upon the intellectual property rights of others.
If you are a Copyright holder, or its Agent, and you have reason to believe that any of the content, data, information or any other material owned by you has been copied and posted on the Bookmyright Website or App, or infringes your Copyrighted material, please let us know via email: [email protected].
Please mention the following information, including as much detail as possible to allow us to identify the facts or circumstances:
Bookmyright may post or display Data provided by Third-Parties on the Website and/or App, the rights for which is retained with the Third-Parties themselves. Third-Parties shall be solely responsible for the Data they provide and accept the consequences of displaying or publishing such Data. You hereby acknowledge and agree that you have the necessary permissions, consents, rights and licenses, including but not limited to patent, trademark, trade secret, copyright and other proprietary rights to use, display, reproduce or publish the Data.
However, by submitting such Data to Bookmyright, you hereby grant, and warrant that you have the right to grant, a world-wide, indefinite, non-exclusive, royalty-free and transferable license to use, copy, reproduce, distribute, display, reformat, translate, and create derivative works of the Data submitted by you in the Bookmyright Website and/or App.
You also hereby grant each User of the Bookmyright Website and/or App a personal, non-exclusive and limited license to use or access your Data through the Bookmyright Website and/or App, and to use, reproduce, copy, distribute, display, and create derivative works of your Data as permitted in these Terms hereunder.
You may remove or delete your Data from the Website and/or App at any point of time. The aforementioned license granted by you, to Bookmyright and its Users, stands terminated once you delete or remove the Data from the Website and/or App.
Bookmyright may present advertisements and promotions for or links to Third-Party websites, products and/or services (collectively referred to herein as “Third-Party Ads”, “Ads”), for which Bookmyright receives a percentage of the revenue. Bookmyright disclaims all responsibility and liability for the content, inaccuracy of the content, products and/or services offered by such Third-Party Ads. The presentation or placement of such Ads in any part of the Website and/or App does not imply any sort of warranty, endorsement or guarantee by Bookmyright for the advertised products or services. Before clicking on, accessing, or using any such links to these Ads, you are advised to read the applicable Terms and Conditions of the respective Third-Party website; Bookmyright is not liable to you in any way and we do not provide any warranties, express or implied, against any loss or damages, of any kind, incurred by you as result of your use of or access to such Ads. You acknowledge and agree that if you decide to access the links to such Ads, you do so at your own risk.
Bookmyright does not require Service Users to create an account for the request, use or purchase of Services listed on the Website, but we will require you to furnish your basic details such as Name, Address, Contact Number, and E-mail ID during the posting of your Required Service (herein referred to as “Request”). The details that you provide are completely your responsibility, and Bookmyright is not liable for any of the information provided by you.
You also acknowledge and agree that by submitting your contact details, you consent to be contacted through SMS, Phone calls, Emails, or any other form of electronic communications, related to the Services requested by you.
With respect to the use, purchase or posting of Request for a Service you agree NOT TO DO any of the following:
While writing Reviews or Ratings (referred to, herein, as “Reviews”) for a particular Service Provider, you agree to be careful and use good judgement. You SHALL NOT take the following actions:
While purchasing a Service or after booking a Service, you acknowledge and agree to the following:
In the event of your VIOLATION of any of the above referenced rules of conduct, Bookmyright has the right, and in its sole and absolute discretion, may take any of the following actions, with or without notice, for any reason or no reason, or for any action that Bookmyright deems inappropriate or disruptive to the Website or any User of this Website or Service:
We encourage you to notify us via email: [email protected], in case of any:
Service Providers are required to create an account (“Profile”) to be able to access and use the Bookmyright Website and/or App, provide Services, and to be able to respond, reply to or get in touch with a particular Service User in connection with their posted Request for a Service.
You, as the Service Provider, shall follow certain rules and guidelines with respect to responding, offering, or providing a Service and you shall NOT DO any of the following:
In the event of your VIOLATION of any of the above-mentioned rules and guidelines, Bookmyright has the right, and in its sole and absolute discretion, may take any of the following actions:
As a Service User, you acknowledge and agree that any Agreement or Contract entered into, by you and the Service Provider, directly or indirectly through the use of Our Website, is independent of Bookmyright and that, We are not involved in, party to, or responsible for the same. All Service Users recognize and accept that Bookmyright is only a portal or medium through which you can meet Service Providers for the use or provision of the required Services; and Bookmyright itself has no role in the provision or execution of said Services.
Users of the Website and/or App do not have the right to bind Bookmyright in a partnership, joint venture, employment, or any other respect as a result of these Terms or your use of Our Website or any of the provisions set forth herein. All Service Providers are independent Third-Parties who provide or offer required services relevant to Bookmyright; and Service Users are independent individuals who require, request or use aforementioned Services.
As a User of the Website, whether you are a Service User or Service Provider, deciding whether or not to use or provide Services is your individual decision for which you alone are responsible. Any transactions and agreements made between Service User(s) and Service Provider(s) are solely limited to the two parties involved. As a Service User, you understand and acknowledge that Bookmyright will not be responsible, party to, or involved in any such transactions or dealings carried out by you, directly or indirectly, through the use of Our Website.
Bookmyright does not warrant or accept responsibility for the accuracy of the Content provided by the Service Providers in their Profiles and/or the fitness or suitability of any individual or organization you may decide to interact with. Service Users must exercise caution while interacting with the Service Providers and be aware of the person, individual or organization they are dealing with.
You understand, acknowledge and agree that Bookmyright only acts as a medium through which Service Users and Service Providers can meet each other to use or provide the Services; Bookmyright ITSELF has no role in providing or executing the said Services.
Bookmyright will make every effort to verify the background and reliability of the Service Provider(s) referred by us, by validating via telephonic and in-person discussion. However, you understand that Bookmyright cannot guarantee a comprehensive investigation of the previous unlawful conducts of the Service Providers. Hence, it is the responsibility of the Service Users to take necessary precautions and conduct investigations from your end before getting into any such transactions or dealing with aforementioned Service Provider(s).
YOU HEREBY AGREE THAT Bookmyright SHALL NOT BE LIABLE TO THE SERVICE USER FOR ANY LOSS OR DAMAGE OF ANY KIND WHATSOEVER, INCURRED BY YOU AS A RESULT OF YOUR USE OF THE CONTENT OR SERVICES THROUGH OUR WEBSITE, OR ARISING FROM YOUR TRANSACTIONS OR DEALINGS WITH THE SERVICE PROVIDERS. IF THERE IS A DISPUTE BETWEEN THE SERVICE USER(S) AND SERVICE PROVIDER(S), YOU UNDERSTAND THAT Bookmyright IS UNDER NO OBLIGATION TO BECOME INVOLVED AND YOU AGREE TO RELEASE Bookmyright AND ITS TEAM FROM ANY DAMAGES AND CLAIMS, OF ANY KIND, ARISING OUT OF OR RELATED IN ANY WAY TO THE AFOREMENTIONED DISPUTES.
You may communicate with Bookmyright, either through email or telephone, regarding any comments, ideas, suggestions, or related materials (collectively referred to herein as “Proposals”), proposing changes to the Website including but not limited to new functionalities or features therein. All such Proposals are, and will be treated as, non-confidential and non-proprietary. You hereby acknowledge and agree that Bookmyright is free to use any ideas, suggestions, concepts, or technical properties contained in the Proposals submitted by you, for any purpose whatsoever including but not limited to licensing, marketing and selling (directly or indirectly) products and/or services, without providing any acknowledgment or compensation to you.
However, you understand and acknowledge that Bookmyright is not obligated to use, display or implement the ideas, techniques, suggestions, or concepts contained in your submitted Proposals and you have no right to demand, enforce or require Bookmyright to do so, or expect due recognition or compensation in the event that such Proposals are, in reality, implemented.
Accessing, using, or participating in the Bookmyright Website, is free of cost for the Service Users, and will remain the same in the future as well, to find, use, or avail the desired Services.
To display, publish or post about the Services offered by You (Service Provider), on the Bookmyright Website and/or App, a minimum chargeable fee is applicable.
Bookmyright requires Service Providers to make payments (“Fees”) to be able to respond or reply to Lead Requests posted, and to contact Service Users, irrespective of whether the Lead Request eventually results or converts into a confirmed transaction or not.
Bookmyright requires Service Providers to make at least 1 Lead Request purchase every month (4 weeks).
Service Providers are required to make advance payments (“Credits”) from which the Fees will be deducted as and when necessary.
Bookmyright also requires Service Providers to maintain a minimum Credit limit in the Profile, failing which, the Service Providers will not be able to respond to any Lead Requests until they replenish the Credits. Therefore, Service Providers must ensure to refill Credits regularly, to be able to follow up on Service User Requests unhindered in the future.
Bookmyright will not be liable to any Service Provider in the event that the Service Provider is unable to convert the Service User Request into a confirmed transaction for any reason or if the Service Provider is unable to respond or contact the Service User due to an exhausted Credit limit.
Bookmyright will apply SMS charges to Service Providers if their Profile remains inactive for 4 weeks or more.
Depending on the Profile Activity, Bookmyright reserves the right to take the following actions:
SMS charges will be applied to Service Providers based on the duration of Their Profile inactivity. Charges will also vary according to the city in which the Service Provider is based out of.
The Refund Policy is applicable only to Service Providers who are a part of Bookmyright, as we do not charge Service Users for posting, requesting, or availing the Services through Us.
The Fees shall be reimbursed to the Service Providers in the form of Credits. The Service Provider is eligible for a refund of the Fees/Credits paid by them to respond to the Service User’s request, only in the following situations:
Bookmyright reserves the right to change, modify, or discontinue the Website and/or App (in part or as a whole) from time to time or at any time, either temporarily or permanently, with or without prior notice; and you agree that Bookmyright shall not be liable to you or to any other Third-Party for the same.
As a User of the Website, you may choose to cease or stop accessing, using or participating in the Website and/or App, with or without cause, at any time.
Bookmyright, in its sole discretion, has the right to delete, suspend, terminate or deactivate your Profile, block your Email or IP Address, terminate your access to the Website and/or App (in part or as a whole), and can remove, delete, edit, or modify any content submitted by you or published in the Bookmyright Website and/or App, immediately, with or without prior notice, for any reason or no reason. To the maximum extent permitted by law, Bookmyright is not obligated to return to you, any of the content or data you submitted to us.
Causes for such termination, limitation of access, or suspension, includes but is not limited to:
Upon termination, whether by you or by Bookmyright:
All provisions of these Terms, which by nature should survive termination, shall survive termination, including without limitation, Disclaimers of Warranty and Limitation of Liability, Copyright and Intellectual Property Rights and Indemnification. You further acknowledge and agree that Bookmyright shall not be liable to you or any Third-Party for the termination of your access to the Website and/or App.
Any content or information submitted by You on the Bookmyright Website and/or App, including without limitation, Names, Contact details, Requests, Profile details, Reviews, and any other information or material published by you, is solely your responsibility and you agree to take the complete responsibility of posting, displaying or publishing such content on the Bookmyright Website and/or App. Bookmyright does not provide any warranties, assurance or guarantee regarding the Confidentiality of such Content submitted by you.
You agree that the Content submitted by you is provided on a non-confidential and non-proprietary basis and that Bookmyright is free to use, display, and produce the Content on an unrestricted basis, on its Website and/or App for the purpose of providing the Services. You authorize that such Content is available to all the Users of the Bookmyright Website and/or App.
Bookmyright has the right to disclose such information including your personal information under the circumstances that:
You agree to defend, hold harmless and indemnify Bookmyright from and against any and all Third-Party Claims, and Demands, Damages, Allegations, Obligations, Liabilities, Losses, Costs or Debt, and Expenses (including but not limited to Reasonable Advocate Fees and Costs) arising from or related to:
Pertaining to disputes arising between you and any Service Provider(s), you agree that Bookmyright will not be party to, involved in or responsible for the same and you hereby release Bookmyright from any and all Claims, Demands, Liabilities and Damages (special, exemplary, consequential, punitive, direct or indirect) of every kind and nature, known or unknown, resulting from or related to your use of our Website and/or any Services through the Website.
Before filing a formal lawsuit, we encourage you to first contact us directly via email: [email protected], to seek a resolution through Alternative Dispute Resolution (ADR) which typically includes neutral evaluation, conciliation, negotiation, mediation and arbitration in lieu of courtroom trial.