Show Menu

Terms of use

Terms & Conditions
  Effective April 1, 2010  
 
Please read these Terms and Conditions of use carefully before using or obtaining any content, products, or services through our websites. Access to and use of these websites is subject to acceptance of the terms and conditions below ("Terms"), which include our Privacy Policy. By accessing, using or obtaining any content, products, or services through these websites, you agree to be bound by these terms. If you do not accept all of these terms, then please do not use these websites.
 
 
 
     
  Definitions  
  In this document, terms that commence with a capital letter are defined in this Section or in the preamble.
  • "Content" means the text, documents, information, data, articles, images, photographs, graphics, software, applications, video recordings, audio recordings, sounds, designs, features, and other materials that are available on the Site.
  • "Content" also includes Marks and Products and Services.
  • "Mark" means trademark, trade name, service mark, trade dress, logo, custom graphics, or icon.
  • "Member" means an individual who has registered with the Site. Members choose a Member ID and a password.
  • "Member ID" means the e-mail address you use (with your password) to login to our Site.
  • "Yastika Eclectic Software" or "we" means Yastika Eclectic Software, and its subsidiaries and affiliates and listed service providers. "Products and Services" means the appointments, reservation, airline travel, hotel accommodation, car rental , ground transportation, tours, theatre tickets, attractions, travel insurance, care alerts, fare alerts and other items available through the Site.
  • "Provider" means Yastika Eclectic Software's licensors, suppliers, information providers, and travel and leisure service providers.
  • "Purchase" means to book, reserve, or purchase.
    The terms "Site", "Marks", "Content" and "Products and Services" do not include the sites, marks, content, products or services that are provided by third parties, and that are available through a link from the Site. Their use is subject to the terms set forth by their respective owners or operations, on the third party's website.
  • "Site" means the www.yastika.com website and/or the www.appointmentwala.com and/or the www.appointmentwale.com website, and their respective sub-sites, together with the respective Content, Marks, Products and Services available from these sites and sub-sites.
 
  Top   
     
  Scope and Terms  
 

Site
These Terms govern your use of all Content, Products or Services available through the Site. You agree to be bound by these Terms, and to use the Site in strict compliance with all applicable laws, rulings and regulations, and in a manner that does not negatively reflect on the goodwill or reputation of Yastika Eclectic Software and its Providers.

Additional Terms
Additional terms may apply when you Purchase Products or Services, or when you participate in sweepstakes, raffle, or other promotions. For example, airlines have contracts of carriage, hotels have cancellation policies, and sweepstakes are subject to rules. These additional terms are found in the area of the Site where you will Purchase a Product or Service, or where you will register for a sweepstakes.
You agree to abide by the terms and conditions imposed by any Provider, including payment of all amounts when due, and compliance with all rules and restrictions regarding the availability of products or services.

Age restriction
Minors (as defined under the laws of their jurisdiction or residence) are not eligible to register for, use or Purchase the Products or Services available on the Site.

Responsible party
You are responsible for maintaining the secrecy of your Member ID and password. This is essential to protect the confidentiality of any information that may be stored in My Profile and My Appointments folder. In addition, you will be financially accountable for all use of our Site by you and anyone using your password and login information.

 
  Top   
     
  Use of the Site  
 

License
Yastika Eclectic Software grants you a limited, personal, non-transferable, non-sub licensable, revocable license to access and use the Site only as expressly permitted in these Terms. Except for this limited license, we do not grant you any other rights or license with respect to this Site; any rights or license not expressly granted herein are reserved.

No Copy, Distribution, or Sale
You may download, display, or print one (1) copy of any portion of the Content. If you do so, you may not modify the Content in any way. Except as provided above, you may not copy, reproduce, upload, post, display, republish, distribute, transmit, any part of the Content in any form whatsoever;
Use a frame or border environment around the Site, or other framing technique to enclose any portion or aspect of the Site, or mirror or replicate any portion of the Site;
Modify, translate into any language or computer language, or create derivative works from, any Content or any part of this Site;
Reverse engineer any part of this Site; or
Sell, offer for sale, transfer, or license any portion of the Site in any form to any third parties.

Other Limitations
Unless otherwise provided within these Terms, or unless specific applicable law requires Yastika Eclectic Software to allow you to do so, you may not do any of the following without the prior written consent of Yastika Eclectic Software:

Use any robot, spider, other automatic device, or manual process to monitor Content;
Use the Site other than to make legitimate reservations or purchases;
Use the Site to make any false, fraudulent or speculative reservation, or any reservation in anticipation of demand;
Imply in any fashion that Yastika Eclectic Software is endorsing your products or services;
Place false or misleading information on the Site,
Post or transmit any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law; or for any other purpose that is unlawful or prohibited by these Terms.
Use or access the Site in any way that, in our reasonable judgment, adversely affects the performance or function of the Site, or any other computer systems or networks used by Yastika Eclectic Software, other Site users or members;
Upload or transmit to the Site or use any device, software or routine that contains viruses, Trojan horses, worms, time bombs, or other computer programming routines that may damage, interfere or attempt to interfere with, intercept, the normal operation of our Site, or appropriate the Site or any system, or take any action that imposes an unreasonable load on our computer equipment, or that infringes upon the rights of a third party;
Use any device, software, or routine that interferes, or attempts to interfere, with the normal operation of our site, or take any action that impose an unreasonable load on our equipment; or
Disguise the origin of the information transmitted through the Site.

Member ID and Password
Access to certain areas of the Site is only available to registered members. To become a registered Member, you are required to answer a limited number of mandatory questions. Answers to additional questions are optional. You represent and warrant that all information you supply to us, about yourself, and others, is true and accurate.

Termination
Yastika Eclectic Software, in its sole discretion, may, at any time and without advance notice or liability, terminate or restrict your access to all or any component of our Site, even if access continues to be allowed to others. Upon such termination or suspension, you must immediately discontinue use of the Site, and destroy any copy you have made of any portion of the Site. Accessing the Site after such termination, suspension, or discontinuation shall constitute an act of trespass. Yastika Eclectic Software shall not be responsible to you to such suspension or termination.

Changes
Any aspect of the Site may be changed, supplemented, deleted, updated, discontinued, suspended, or modified at any time, and without prior notice to you. However, we make no commitment to update the information contained on this Site. You agree that Yastika Eclectic Software shall not be liable to you for any delay or other damages that might result from such modification, suspension, or discontinuance.
We may also, at any time, change or impose fees for certain services, or establish or change general practices and limits concerning certain services.
We may also modify these Terms, as provided in Modifications.

 
  Top   
     
  Privacy and Security  
 

Your use of the Site is subject to our Privacy Policy. You agree that you have read our Privacy Policy, and it is reasonable and acceptable to you. Your acceptance of these Terms is also your consent to the information practices in our Privacy Policy.

 
  Top   
     
  Services and Content  
 

Availability
We will use our reasonable commercial efforts to keep our Site available on a 24-hour/7-day-a- week basis, subject to necessary scheduled downtime for maintenance, unscheduled maintenance, and system outages. We cannot promise that access to the Site will be uninterrupted or available at all times. We assume no liability or responsibility for any delay, interruption, or downtime.

Content
The Content is intended for information purposes only. Although we exercise reasonable efforts to ensure their quality and accuracy, there might be errors, or the information provided may not be complete, current, or applicable to your particular situation. Further, information provided regarding the service, amenities, products, etc. have been provided to us by the vendor. We assume no liability or responsibility for any errors or omissions. You are responsible for evaluating the accuracy, completeness, and usefulness of any opinion, advice, or other content available through the Site or obtained from a linked site.

You should not take any action based on information on this Site until you have received a confirmation of your transaction. We send confirmations within 24 hours of your Purchase. If you have not received a confirmation of your purchase via e-mail, first look into your "spam" or "junk" folder to verify that it has not been misdirected, and if still not found, please contact our customer service department. The Contact Information is provided on our customer service page.

Viruses
We make reasonable attempts to exclude viruses from the Site, but cannot ensure that the Site will be at all times free from viruses or other destructive software. You are urged to take appropriate safeguards before downloading information from the Site. We assume no responsibility for any damages to computer equipment or other property that may result from use of the Site or downloading anything from the Site.

International Travel
Although most travel, including travel to international destinations is completed without incident, travel to certain destinations may involve greater risks than others. We urge you to review and evaluate travel prohibitions, warning, announcements, and advisories issued by the government and the aviation administration before booking travel to international destinations.

By offering for sale travel to particular international destinations, Yastika Eclectic Software does not represent or warrant that travel to such point is advisable or without risk. Yastika Eclectic Software does not accept liability for damages, losses, or delays that may result from improper documents for entry, exit, length of stay, or from travel to such destinations.

 
  Top   
     
  Links to third party sites  
 

Outbound Links
For your convenience, our Site provides links to other sites. When you click on one of these links, you are leaving our site and entering another site. We are not responsible for such third party websites.

You should carefully review the terms and conditions of use of these sites, because these terms will apply to your visit to these other sites.

Inbound Links
We welcome links from a third party site to the home page of our Site, through a plain text link, provided that

  • You give Yastika Eclectic Software prior written notice of such link by contacting Yastika Eclectic Software Customer Service, to request Yastika Eclectic Software's permission to establish the link.
  • You discontinue providing a link to our Site if so requested by Yastika Eclectic Software.
  • You do not imply in any fashion that Yastika Eclectic Software is endorsing any of your products or service or is affiliated with you.
  • You do not present Yastika Eclectic Software in a false light, or provide misleading or false information about Yastika Eclectic Software, or its Site or Services
  • You do not remove or obscure the copyright notices, or other notices on this Site
  • You do not use any Mark of Yastika Eclectic Software; and
  • You do not replicate, frame or mirror the content of the Site.

We reserve the right to require you to remove links to the Site, in our sole discretion. Linking to any page of the Site other than to the homepage is strictly prohibited in the absence of a separate linking agreement with Yastika Eclectic Software.

 
  Top   
     
  Intellectual Property  
 

Ownership Rights
This Site is the sole and exclusive property of Yastika Eclectic Software or its licensors. Yastika Eclectic Software and its licensors retain all right, title and interest (including all copyright, trademark, patent, trade secrets, and all other intellectual property rights) in the Site. The Site is protected by copyright, trademark, patent, trade secrets, unfair competition, and other laws of worldwide, through the application of local laws or international treaties. Any unauthorized use, reproduction or modification of this Site may violate such laws.

Trademarks
Yastika Eclectic Software and all other Marks that appear, are displayed, or used on the Site are registered or common law trademarks or service marks of Yastika Eclectic Software and its Providers. These Marks may not be copied, downloaded, reproduced, used, modified, or distributed in any way without prior written permission from Yastika Eclectic Software or the relevant Provider, except as an integral party of any authorized copy of the Content.

Your Comments and Submissions
Any communications or materials you transmit to Yastika Eclectic Software, through the Site, by electronic mail or otherwise, including any data, question, comments, rating of a property or attraction, suggestion, idea, or the like ("Communications or Materials") will be treated as non-confidential and non-proprietary. By voluntarily submitting to us, or by posting on the Site any Communications or Materials, you grant Yastika Eclectic Software, and all users of the Site, a worldwide, non-exclusive, royalty free, perpetual, irrevocable, and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from distribute, and display such Communications or Materials in any form, media or technology. We assume no responsibility for any Communications or Materials posted or submitted, or for the return or such Communications or Materials. We want your feedback and appreciate your ideas and suggestions, but we are unable to answer every comment individually.

 
  Top   
     
  Fees  
 

Yastika Eclectic Software may charge a fee or commission for the service it provides when you purchase, book or reserve travel services, or accommodations through the Site. Any such service fee is non-refundable. In addition, you will be responsible for all charges, fees, duties, taxes, and assessment arising out of your use of the Products and Services available from the Site.

 
  Top   
     
  Disclaimer of Warranty  
 

Yastika Eclectic Software and its Providers make no warranty of any kind regarding the Site, Content, Products or Services, all of which are provided on an "as is" basis. Yastika Eclectic Software and its Providers expressly disclaim any representation or warranty that the Site will be free from errors, viruses or other harmful components, that communications to or from the Site will be secure and not intercepted, that the Services and other capabilities offered from the Site will be uninterrupted, or that its Content will be accurate, complete or timely. The fact that Yastika Eclectic Software is including or offering any Product or Service on the Site is not an endorsement or a recommendation of the Product or Service.
OTHER THAN THOSE WARRANTIES WHICH, UNDER THE LAWS APPLICABLE TO THESE TERMS, ARE IMPLIED BY LAWS, AND ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION, YASTIKA ECLECTIC SOFTWARE AND ITS PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE.

 
  Top   
     
  Limitation of Liability  
 

Subject to applicable law, use of this Site and its Content is at your sole risk. Services and Products made available on this Site are subject to conditions imposed by the Providers, including but not limited to tariffs, conditions of carriage, international conventions and arrangements, and federal government regulations. Providers who furnish products or services through this Site are independent contractors, and not agents or employees of Yastika Eclectic Software. IN NO EVENT WILL YASTIKA ECLECTIC SOFTWARE OR ITS PROVIDERS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS SITE, ANY HYPER LINKED WEB SITE, THE ACTS OR OMISSIONS OF PROVIDERS WHO FURNISH PRODUCTS OR SERVICES THROUGH THIS SITE, OR THE PRODUCTS OR SERVICES OFFERED BY PROVIDERS THROUGH THIS SITE, INCLUDING, WITHOUT LIMITATION, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH(I) ANY USE OF, BROWSING OR DOWNLOADING OF ANY PART OF OUR SITE OR CONTENT, (II) ANY FAILURE OR DELAY (INCLUDING WITHOUT LIMITATION THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS SITE FOR RESERVATIONS OR TICKETING), OR (III) THE PERFORMANCE OR NON PERFORMANCE BY US OR ANY PROVIDER, OR (IV) ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, EVEN IF YASTIKA ECLECTIC SOFTWARE AND THE PROVIDER(S) HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY.

If, despite the limitation above, Yastika Eclectic Software or a Provider is found liable for any loss or damage which arises out of or is in any way connected with any of the occurrences described in the limitation above, then Yastika Eclectic Software and the Providers' liability will in no event exceed, in total, the sum of Rs.500.

 
  Top   
     
  Indemnification  
 

You agree to defend and indemnify Yastika Eclectic Software and any Provider, and each of their respective officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, in excess of the liability described above, in any action filed or commenced by any third party against Yastika Eclectic Software as a result of (1) your breach of these Terms or the documents made part of these Terms by reference, (2) your violation of any law or the rights of a third party or (3) your use of our Site.

 
  Top   
     
  Appointment Service Terms and Conditions  
 

Reservations, bookings, and purchases
You agree to abide by the terms and conditions of purchase imposed by any supplier with whom you elect to deal. You are responsible for ensuring that your purchases abide by the terms and conditions of purchase imposed by any supplier with whom you elect to deal, including terms and conditions of purchase.

 
  Top   
     
  Disputes  
 

If any dispute arises between you and Yastika Eclectic Software during your use of the Site or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the Terms and Conditions, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by Yastika Eclectic Software. The place of arbitration shall be Gurgaon. The arbitration proceedings shall be in the English language.

The Terms and Conditions shall be governed and construed in accordance with the laws of India.

 
  Top   
     
  General  
 

Your acceptance of these Terms, and your use of the Site do not create a joint venture, partnership, employment, or agency relationship with us. You may not assign, delegate, or transfer your rights or obligations under these Terms. If we fail to act with respect to your breach or anyone else's breach on any occasion, we are not waiving our right to act with respect to future or similar breaches. If a court finds any of these Terms to be unenforceable or invalid, that Term will be enforced to the fullest extent permitted by applicable law and the other Terms will remain valid and enforceable. The headings in these Terms are for your convenience and reference; they do not limit or affect these Terms. These Terms, together with those items made a part of these terms by reference, make up the entire agreement between us relating to your use of our site, and replaces any prior understandings or agreements (whether oral or written) regarding your use of our site.

 
  Top   
     
  Provisions of these Terms and Conditions  
 

Prior Terms and Conditions
These Terms supersede any prior Yastika Eclectic Software Terms and Conditions relating to the use of the Site that were displayed on this Site before the date stated above. Unless specifically provided, they do not supersede the Additional Terms for carriage, awards, attractions provided elsewhere in this Site.

Modifications
We may modify, revise or update these Terms and/'or the Privacy Policy, at any time, by updating this posting. You should visit this page from time to time to review the then-current Terms, because they are binding on you. Your continued use of our site, following the posting of conspicuous notice of any modification, will be subject to the Terms in effect at the time of your use. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages of this Site.

Written documents
You may preserve these Terms in written form by printing them for your records, and you waive any other requirement that these Terms be evidenced by a written document.

Electronic Notification
To the extent that we may need to contact you, you agree that we may do so via any electronic means, included but not limited to communication posted on the Site, electronic mail, or instant messaging.

 
  Top   
     
  Contact Information  
  If you have any questions or concerns about these Terms or if you need further assistance with respect to access to or use of the Site or the services offered by Yastika Eclectic Software, you may contact our Customer Service department, the information of which is provider in the customer service section of the Site.  
  Top