Awesome Innovators (“Firm”) owns and operates the website www.rajoffset.com (and affiliate websites awesomeinnovators.com) (collectively and individually referred to herein as the “Website”). By accessing the Website, you agree with and consent to be bound by (i) these terms and conditions (“Terms and Conditions”); and (ii) privacy policy at link here: https://www.rajoffset.com/privacy-policy, which privacy policy is incorporated herein by reference. The words “you” and “user” as used herein refer to all individuals and/or entities accessing this website for any reason.
This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011.
NATURE OF THE WEBSITE
The Website intends to act as a platform to solely to assist companies, groups and individuals to send digital invitation and purchase invitation cards, subscribe to printed invitation cards, subscribe to digital invoice management, and for no other purposes.
ELIGIBILITY TO USE THE WEBSITE
As a condition of your use of this Website, you warrant that (i) you are at least 18 years of age, (ii) you possess the legal authority to create a binding legal obligation, (iii) you will use this Website in accordance with the Terms of Use, (iv) you will only use this Website to make legitimate invitations for yourself or others or on behalf of those parties within your Company for whom you are legally authorized to act, (v) all information supplied by you on this Website is true, accurate, current and complete, and (vi) you will safeguard your rajoffset.com (digitalinvitation.rajoffset.com) account information and will supervise and be completely responsible for any use of your account by anyone other than you. To the extent that you are making invitations on behalf of another members of your Company, your family, and your group, you represent and warrant that such members agrees to and is bound by these terms and conditions.
You agree and undertake that your access of the Website or the utilisation of the facilities provided on the Website does not in any manner contravene the local laws or regulations of the territory from which you access the Website or the facilities provided thereunder.
Notwithstanding anything contained herein, the Company (Firm) hereby reserves the right to deny access to the Website or any part thereof to any person, without assigning any reason therefor but not limited to, for violation of the Terms of Use.
REGISTRATION
For accessing and using the services on the Website, you may have to register an account with the Website. In this regard, you agree and undertake:
To provide true, accurate, current and complete information about yourself in all aspects as may be prompted by the Website’s registration form (such information being the “Registration Data”).
To maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
You will not create more than one account.
If the Company (Firm) disables or suspends your account, you shall not create another one without our permission.
You shall not share your password with any person.
You shall not assign, transfer or otherwise permit any other person to operate your account.
You represent and warrant that registering on the Website and availing the services thereon shall not constitute a breach of any obligation by which you are bound whether arising by contract or operation of law.
You agree and acknowledge that the Company may delete or suspend your account in the event that you violate any of the Terms and Conditions or applicable law.
YOUR USE OF THE WEBSITE
The content and information on this Website (including, but not limited to, price and images, and other contents) you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Website.
Additionally, you agree not to: (i) use this Website or its contents for any commercial purpose unless allowed and authorised by the Company; (ii) make any speculative, false, or fraudulent activities; (iii) access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission; (iv) violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website; (v) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure; (vi) deep-link to any portion of this Website (including, without limitation, the purchase path for any services) for any purpose without our express written permission; or (vii) “frame”, “mirror” or otherwise incorporate any part of this Website into any other website without our prior written authorization.
You agree and undertake that all information, material or content that you shall post on the Website, including but not limited to any personal details, qualifications and experience, shall be accurate and not misleading.
You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking or any other illegitimate means.
FEES PAYMENT
We reserves the right to charge listing fees for certain listings, as well as transaction fees based on certain completed transactions using the services. We further reserves the right to alter any and all fees from time to time, without notice.
The User shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of the services. In case, there is a short charging by us for listing, services or transaction fee or any other fee or service because of any technical or other reason, it reserves the right to deduct/charge/claim the balance subsequent to the transaction at its own discretion. Any increase in the price charged by Company (Firm) on account of change in rate of taxes or imposition of new taxes by Government shall have to be borne by customer.
The User shall request us for any refunds against the unutilized service for any reasons within 15 days from the date of payment. Any applicable refunds would accordingly be processed as per the defined policies. No refund would be payable for any requests made after the expiry of 15 days as above and all unclaimed amounts for such unutilized services shall be deemed to have been forfeited.
USAGE OF CONTACT NUMBER / EMAIL OF THE USER
We may send digital invitation, itinerary information, cancellation, payment confirmation, refund status, schedule change or any such other information relevant for the transaction, via SMS or by voice call on the contact number or by email to the email provided by the User at the time of Registration. We will also send invitation information via SMS, and Email as per as our digital invitation policy. We may also contact the User by voice call, SMS or email in case the User couldn’t or hasn’t concluded the invitation, for any reason what so ever, to know the preference of the User for concluding the invitation and also to help the User for the same.
The User hereby unconditionally consents that such communications via SMS and/ or voice call by Awesome Innovators & Raj Offset is (i) upon the request and authorization of the User, (ii) ‘transactional’ and not an ‘unsolicited commercial communication’ as per the guidelines of Telecom Regulation Authority of India (TRAI) and (iii) in compliance with the relevant guidelines of TRAI or such other authority in India and abroad. The User will indemnify Awesome Innovators against all types of losses and damages incurred by Awesome Innovators due to any action taken by TRAI, Access Providers (as per TRAI regulations) or any other authority due to any erroneous compliant raised by the User on Awesome Innovators 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.
ONUS OF THE USER
Awesome Innovators is responsible only for the transactions that are done by the User through Awesome Innovators. Awesome Innovators will not be responsible for screening, censoring or otherwise controlling transactions, including whether the transaction is legal and valid as per the laws of the land of the User.
The User warrants that they will abide by all such additional procedures and guidelines, as modified from time to time, in connection with the use of the services. The User further warrants that they will comply with all applicable laws and regulations regarding use of the services with respect to the jurisdiction concerned for each transaction. The User represent and confirm that the User is of legal age to enter into a binding contract and is not a person barred from availing the Services under the laws of India or other applicable law.
DISCLAIMERS OF WARRANTIES
You expressly acknowledge and agree that use of the Website is at your sole risk. To the maximum extent permitted by applicable law, the Website and any services performed or provided by the Website are provided “as is” and “as available”, without warranty of any kind, and the Company hereby disclaims all warranties and conditions with respect to the Website and any services, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, and non-infringement of third party rights. The Company does not warrant against interference with your enjoyment of the Website, that the functions contained in, or services performed or provided by, the Website will meet your requirements, that the operation of the Website or services will be uninterrupted, virus-free or error-free, or that defects in the Website or services will be corrected. No oral or written information or advice given by the Company shall create a warranty by the Company. You shall be solely responsible for any damage to your property, including any device or computer system from which the Website is accessed.
The Website displays, includes and makes available content, data, information, applications or materials from third party website (“Third Party Materials”) and may also provide links to certain third party web sites. By using the Website, you acknowledge and agree that the Company is not responsible for examining or evaluating the content, accuracy, completeness, legality, decency, quality or any other aspect of such Third Party Materials or third party websites. The Company does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any Third Party Materials or any third party websites. Third Party Materials and third party websites are provided solely as a convenience to you.
The information, software, products, and services published on this website may include inaccuracies or errors, including pricing errors. In particular, the affiliated, co-branded and/or linked website partners through whom we provide service (collectively, “Awesome Innovatos affiliates”) do not guarantee the accuracy of, and disclaim all liability for any errors or other inaccuracies relating to the information and description of the hotel other travel products displayed on this website (including, without limitation, the pricing, photographs, general product descriptions, etc.), much of which information is provided by the respective suppliers. In addition, we expressly reserves the right to correct any pricing errors on our website and/or on pending invitation limit made under an incorrect price. In such event, we will offer you the opportunity to keep your pending invitation limit at the correct price or, at your option, we will cancel your invitation without penalty.
The Awesome Innovatos and its affiliates have no liability and will make no refund in the event of any delay, cancellation, strike, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expense, omissions, delays, or acts of any government or authority.
INTELLECTUAL PROPERTY
You agree that the Website, including but not limited to the, source code, object code, scripts and software used to implement the Website, is owned by the Company (Firm). You expressly agree and undertake that you will not use such proprietary information or material in any way whatsoever except for use of the Website in compliance with the terms of these Terms and Conditions.
With the exception of user Content submitted to the Website by you, all other content on the Website is owned by the Company, and is subject to copyright, trade mark rights, and other intellectual property rights of the company. The Company owns a copyright in the selection, coordination, arrangement and enhancement of the content submitted by users.
No downloading, copying, redistribution, retransmission, publication or commercial exploitation of any content on the Website is permissible without the express permission of the Company.
You shall not use the name, trademarks or logos of the Company without the prior written consent of the Company. Nothing contained herein should be deemed to be an assignment or transfer of any intellectual property right in your favour.
You may not decompile, disassemble, or reverse engineer the Website by any means whatsoever, or alter, modify, enhance, or create a derivative work of the Website. You may not remove, alter, or obscure any product identification, copyright, or other intellectual property notices on the Website.
You agree that any user Content that you may upload on the Website shall not infringe any third party rights.
When you upload or post any user Content, you grant to the Company, a worldwide, perpetual, non-exclusive, royalty-free, transferable license (with right to sub-licence) to use, reproduce, distribute, prepare derivative works of, display, publish and perform that user Content or any part thereof in connection with the provision of the services on the Website and otherwise in connection with the business of the Company, including without limitation for promoting and redistributing part or all of the Website, in any format whatsoever (now known or that may be invented or may be available for use in the future) and through any media channels. The license granted by you hereunder shall survive even if you delete your account on the Website or remove the user Content from the Website or otherwise stop accessing the Website.
INDEMNITY
You shall indemnify and hold harmless the Company, its promoters, licensees, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions (including reasonable attorneys’ fees), made by any third party or penalty imposed due to or arising out of your (i) use of the Website; (ii) breach of these Terms and Conditions and any other policy in relation to the Website; (iii) any transaction that you may enter into pursuant to use of the Website; (iv), your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.
LIMITATION OF LIABILITY
In no event shall the Company, its promoters, licensees, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, be liable for any direct, indirect, incidental, special, consequential or punitive damages for any reason whatsoever including without limitation for those arising out of or related to: (i) your use of or reliance upon the Website, and any other content or information contained in the Website; (ii) any user Content that you post or upload; (iii) your inability to use the Website or inability to secure an opportunity from an Opportunity Provider or avail the services of a Talent ; (iv) any transaction that you may enter into pursuant to use of the Website.
PRIVACY POLICY
The Privacy Policy of the Company is available here: https://www.rajoffset.com/privacy-policy. The Privacy Policy is incorporated by way of reference to these Terms and Conditions (and is deemed to a part of these Terms and Conditions). Reference to the/these “Terms and Conditions” shall also include the Privacy Policy. You hereby expressly agree and undertake to be bound by the Privacy Policy. If you do not agree to be bound by the Privacy Policy, please do not install or otherwise use the Website.
ENTIRE AGREEMENT
The Terms and Conditions, including the incorporated Privacy Policy and other terms incorporated by reference, constitutes the entire agreement and understanding between you and the Company with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether oral or written, between you and the Company with respect to such subject matter.
ASSIGNMENT
You shall not assign these Terms and Conditions, or any rights, benefits or obligations hereunder without the express written permission of the Company. Any attempted assignment that does not comply with these Terms and Conditions shall be null and void. The Company may assign these Terms and Conditions, in whole or in part, to any third-party in its sole discretion.
AMENDMENT
The Company reserves its right at all times to modify any part of these Terms and Conditions at its sole discretion. You agree to revisit the Terms and Conditions regularly to ensure that you stay informed of any changes. Your use of the Website after the Company updates the Terms and Conditions will constitute acceptance of the modified Terms and Conditions.
GOVERNING LAW
These Terms and Conditions (including the incorporated Privacy Policy) shall be governed by the laws of India.
DISPUTE RESOLUTION
In the event of any dispute or difference between you and the Company arising out or in any way relating these Terms and Conditions (and/or the Privacy Policy), the same shall be referred to arbitration to be conducted by a sole arbitrator appointed by the Company. The arbitration proceedings shall be conducted in Mirzapur (Uttar Pradesh – India), in accordance with the provisions of the Arbitration and Conciliation Act, 1996.
Subject to the arbitration provisions above, the courts in Mirzapur, Uttar-Pradesh shall have exclusive jurisdiction in relation to these Terms and Conditions (and/or the Privacy Policy). Awesome Innovators.