Supplemental terms and conditions or documents that may be posted on the site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to this User Agreement at any time and for any reason.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
Accordingly, those persons who choose to access the site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions.
Provided that You are eligible to use the Site, You are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the site, the Content and the Marks.
By using the site, you represent and warrant that:
- All registration information you submit will be true, accurate, current, and complete
- You will maintain the accuracy of such information and promptly update such registration information as necessary
- You have the legal capacity and you agree to comply with this User Agreement;
- You are not under the age of 18;
- not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site;
- you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise;
- You will not use the Site for any illegal or unauthorized purpose;
- Your use of the Site will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable or we have reason to believe that password might have compromised to any external threat.
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a User of the Site, you agree not to:
- systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
- use a buying agent or purchasing agent to make purchases on the Site.
- use the Site to advertise or offer to sell goods and services.
- circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
- engage in unauthorized framing of or linking to the Site.
- trick, defraud, or mislead us and other Users, especially in any attempt to learn sensitive account information such as User passwords;
- make improper use of our support services or submit false reports of abuse or misconduct.
- engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
- attempt to impersonate another User or person or use the username of another User.
- sell or otherwise transfer your profile.
- use any information obtained from the Site in order to harass, abuse, or harm another person.
- use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
- decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
- attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
- harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
- delete the copyright or other proprietary rights notice from any Content.
- upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
- upload or transmit (or attempt to upload or transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
- except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
- disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
- use the Site in a manner inconsistent with any applicable laws or regulations.
USER GENERATED CONTRIBUTIONS
The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”).
Contributions may be viewable by other Users of the Site and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
- the creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
- your Contributions are not false, inaccurate, or misleading.
- your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
- your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- your Contributions do not violate any applicable law, regulation, or rule.
- your Contributions do not violate the privacy or publicity rights of any third party.
- your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
By posting your Contributions to any part of the Site or making Contributions accessible to the Site by linking your account from the Site to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site.
You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
GUIDELINES FOR REVIEWS
We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria:
- you should have firsthand experience with the person/entity being reviewed
- your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language
- your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability;
- your reviews should not contain references to illegal activity;
- you should not be affiliated with competitors if posting negative reviews;
- you should not make any conclusions as to the legality of conduct;
- you may not post any false or misleading statements;
- you may not organize a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners.
We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
MOBILE APPLICATION LICENSE
You shall not:
(1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application;
(2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application;
(3) violate any applicable laws, rules, or regulations in connection with your access or use of the application;
(4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application;
(5) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended;
(6) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time;
(7) use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application;
(8) use the application to send automated queries to any website or to send any unsolicited commercial e-mail;
(9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.
Apple and Android Devices
The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play Store (each an “App Distributor”) to access the Site:
(1) the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service;
As part of the functionality of the Site, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Site; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account.
You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account.
By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Site via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account.
Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Site.
Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Site. You will have the ability to disable the connection between your account on the Site and your Third-Party Accounts at any time.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.
We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content.
You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Site.
You can deactivate the connection between the Site and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Accounts, except the username and profile picture that become associated with your account.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
THIRD-PARTY WEBSITES AND CONTENT
The Site may contain (or you may be sent via the Site) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”).
Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.
You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.
You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
We allow advertisers to display their advertisements and other information in certain areas of the Site, such as sidebar advertisements or banner advertisements. If you are an advertiser, you shall take full responsibility for any advertisements you place on the Site and any services provided on the Site or products sold through those advertisements.
Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Site, including, but not limited to, intellectual property rights, publicity rights, and contractual rights.
We simply provide the space to place such advertisements, and we have no other relationship with advertisers.
We do not knowingly accept, request, or solicit information from children or knowingly market to children. If we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Site as quickly as is reasonably practical.
INTELLECTUAL PROPERTY RIGHTS INFRINGEMENTS
We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any Intellectual Property Rights (“IPR”) you own or control, please immediately notify us at legal@ConfirmTkt.com. A copy of your notification will be sent to the person who posted or stored the material addressed in the notification.
Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in your notification. Thus, if you are not sure that material located on or linked to by the Site infringes your IPR, you should consider first contacting an attorney.
FEES AND PAYMENTS
Over and above booking charges for the products/ services offered on the Site, ConfirmTkt may charge certain fees in the nature of convenience fees, service fees, payment gateway charges (“Additional Fees”) for making services conveniently available to User online. ConfirmTkt further reserves the right to alter any and all fees from time to time without prior notice to the User. Any such Additional Fees will be displayed to the User before confirming the booking or collecting the payment to enable you to make an informed choice.
The User is responsible for payment of all charges, fees, duties, taxes, and assessments resulting out of the use of the Site, as per the applicable laws. In cases where booking amount, taxes, statutory fee, service fees, convenience fee, payment gateway charges etc.are not properly charged or undercharged (“Balance Amount”), owing to any technical error or other reason, ConfirmTkt reserves the right to deduct, charge or claim the Balance Amount from the User and the User shall pay such Balance Amount to ConfirmTkt. In cases where such Balance Amount is claimed prior to the utilization of the booking, ConfirmTkt will be at liberty to cancel such bookings if the amount is not paid before the utilization date.
In the event there is any addition in the prices charged by us as a result of change in applicable law including but not limited to, changes in tax rates or imposition of new taxes, or levies by Government, such increased charge will have to be borne by the User. ConfirmTkt may introduce such additional charges without prior notice to the User and could also be retrospective, but will always be as per applicable law.
In the rare event of a booking not getting confirmed for any reason whatsoever, ConfirmTkt shall not be liable to offer an alternate booking in lieu of or to compensate the unconfirmed booking. Any succeeding booking will be regarded as a new transaction. The pertinent refund will be processed to the User as per the relevant policies of the third party and ConfirmTkt as the case may be.
No communication will ever be made by us or any of our employees or authorized representatives enquiring about a User’s credit or debit card number, expiry date, CVV, net banking login, passwords, OTP, request for a fund transfer to a personal or an individual bank account, installation of any third-party applications that enable them to view a User’s mobile or computer screen. Acting on any of these requests may make you a victim of fraud, and may potentially lead to loss of your valuable money or information.
Please be advised to not share your personal sensitive information like credit/debit card number, CVV, OTP, card expiry date, user IDs, passwords etc. with any person including the agents, employees or representatives of ConfirmTkt. If any such details are requested by any of our agents, employees or representatives, please inform us at the earliest on the contact details mentioned below. However, ConfirmTkt shall not be liable for any loss that the User incurs for sharing the aforesaid details.
All booking(s) made on the Site are subject to the applicable cancellation policy made visible and communicated to the Users on the Site in writing. The applicable refunds on cancelled bookings will be processed to the relevant User account either by way of ConfirmTkt money or reversed to same banking instrument (credit card, debit card, Bank account, wallet etc.) from which initial payment was made.
- ConfirmTkt acts as a facilitator for Users to book and search for desired train tickets on IRCTC platform. All train bookings or reservations made on the Site are subject to the applicable terms and conditions as set out by IRCTC.Booking Process
To book train tickets, User will be redirected to IRCTC website/application. Users will need their IRCTC username and password in order to book their tickets on ConfirmTkt website/application.
E-tickets are booked and issued through Indian Railways only and are subject to the rules and policies of Indian Railways. Users can book a maximum of 6 seats/ berths in a booking. Seat/ berth allotment is done by Indian Railways based on their allocation logic. ConfirmTkt does not guarantee allotment of preferred seat/ berth. Users with a confirmed e-ticket are permitted to board the train. Their names will appear on the chart. Fully waitlisted e-tickets are automatically cancelled by IRCTC after chart preparation. If fully waitlisted passengers are found travelling, they will be treated as without-ticket and charged as per Railway rules.
Booked tickets are non-transferrable and are subject to identification. Users must carry valid ID proofs such as PAN card/ Aadhar Card/ Voter ID etc. at the time of travel or boarding the train for validation.
ConfirmTkt will not be responsible for any schedule change by the Railways. Users are advised to confirm their train timings 24 hours prior to the train departure.
The Railways rules and regulations may change from time to time. Please refer to http://www.indianrail.gov.in/enquiry/StaticPages/StaticEnquiry.jsp?StaticPage=index.html for the latest rules and regulations. While we endeavor to keep the rules and regulations updated at all times but should not be held responsible for the same.
Please reach out to IRCTC directly for all relevant information/ queries relating to your bookings.
ConfirmTkt cannot make any modifications to the booked tickets, including but not limited to change in passenger names, change in route, boarding point etc. Any modifications to booked tickets can be made only by IRCTC. We suggest Users to read IRCTC amendment policy here https://www.services.irctc.co.in/beta_htmls/Eticket_new_cancel.html to know more details.
Payments, Cancellations and RefundsCancellation of booked tickets are subject to IRCTC cancellation policy and charges as per time of cancellation and booking quota (tatkal/ general/ ladies/ premium, etc.) Customers are advised to go through IRCTC cancellation policy prior to cancellation to know about the relevant cancellation charges. You can cancel a train ticket booked via ConfirmTkt, only before chart preparation.
Cancellation charges may vary depending on ticket type and time of ticket cancellation. Cancellations and refunds will be based on Indian Railways refund and TDR filing rules. These rules are subject to change by Indian Railways.
You can find complete details of the Railway cancellation policy and rules here: http://www.indianrail.gov.in/enquiry/StaticPages/StaticEnquiry.jsp?StaticPage=refund_Rules.html&locale=en or http://contents.irctc.co.in/en/eticketCancel.html
Payment Gateway charges/service fee charged by ConfirmTkt at the time of booking the tickets are non-refundable. The refund gets credited to ConfirmTkt money and/or same User bank account/credit card/debit card/wallet, etc. used for booking tickets unless User has chosen for instant refund through any other payment mode, after deducting the applicable ConfirmTkt’s charges.
- Refunds, if any, on cancelled bookings will always be processed to the respective account or the banking instrument (credit card, wallet etc.) from which payment was made for that booking.
- ConfirmTkt is only a facilitator and any refund for any service(s) which are not delivered by the service provider /Independent Contractors or for any reason for which the User is entitled for a refund is subject to ConfirmTkt receiving the amount from the said service provider. User acknowledges that ConfirmTkt shall not be held liable for any delay in refund or non-refund of the amount from the respective service provider or Independent Contractors of ConfirmTkt. In such events the User shall directly approach the service provider for any claims.
- In the event of any delay in the refund beyond the period specified herein, the entire liability of ConfirmTkt shall be refund of the said amount with interest calculated at the applicable bank rate till the date the refund is made.
- In the event of cancellation and refund of partially utilized tickets, upfront discount and promo code discount availed at the time of booking would be deducted from the refund amount.