This is an agreement between you ("you" or "end user" or "your" or "consumer" or "member" or "user") and Trip38 Technologies Pvt Ltd ("Trip38" or "we"), a private limited company. Please read the following terms and conditions carefully. These terms, along with the Privacy Policy discussed below, (together, these Terms and the Privacy Policy are called the "Terms"), govern your access to and use of the trip38 mobile application (the "Application"), Trip38 website (the "website") and any related interactive and informational services made available to consumers or you ("Services") on any media platform (as described below) (together, the Application and Services are called the "Program"), and constitute a binding legal agreement between you, as a user of the Program, and Trip38, the provider of the Program (the "Agreement"). Your access to and use of the Program requires your compliance with the Terms. By downloading the Application and/or accessing trip38 website, or accessing and/or using any portion of the Program, you agree to be bound by this Agreement. The Service enables you to access various features for your travel via the program offered either directly by Trip38 or its affilates ("Affiliates").

License

Subject to your compliance with the Terms, you may (1) download and install one copy of the Application to your supported device, and access and use the Services, solely for your own personal and non-commercial use (2) access the service through trip38.com website. You may not: (i) copy, modify or distribute the Application and/or website and/or Servcies for any purpose; (ii) transfer, sublicense, lease, lend, rent or otherwise distribute the Application, website and/or the Services to anyone else; (iii) reverse-engineer, decompile or create derivative works of the Application, website and/or the Services; (iv) make the functionality of the Application, website or the Services available to multiple users through any means; (v) use multiple accounts per individual user per device; or (v) use the Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the Terms. No other licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by trip38 or its licensors.

Messaging

As part of the Services we provide, you may receive push notifications, text messages/SMS, pictures messages/MMS, alerts, emails or other types of messages directly sent to you outside or inside the Application ("Push Messages"). You have control over the Push Messages settings, and can opt in or out of these Push Messages through the Services (with the possible exception of infrequent, important service announcements and administrative messages). Please be aware that messaging fees may apply depending on the message plan you have with your wireless carrier.

Registration

In order to access certain features of the Services, you have to create an account with us (an "Account"). To create an Account, you must be 18 years of age and older at the time of registration, to participate in the Program. If you are younger than 18 years of age, then you need to ensure your parents consent to your using the Services. We are not liable for any loss or damage from your failure to comply with these requirements. You agree that the information you provide us will be true, accurate, current and complete. By creating an Account you consent to the use of: (i) electronic means to complete the Terms and to provide you with any notices given pursuant to the Terms; and (ii) electronic records to store information related to the Terms or your use of the Services.

Location and contact details of Affiliates

You shall be required to share information pertaining to your location/place ("Location") as Trip38 functions principally on the basis of the information pertaining to your Location. Based on your location, Trip38 on its own or through 3rd party provides list of Affiliates and their contact details. Trip38 makes no warranty to their users and takes no responsibility for the accuracy of the location and contact information. User takes responsibility for his or her own actions in utilizing those services.

Privacy

The program obtains the information you provide when you download and register the Application. Registration with us is optional. However, please keep in mind that you may not be able to use some of the features offered by the Program unless you register with us.

When you register with us and use the Application, you may provide personally identifiable information like your name, email address, user name, password, passport details and your travel information and other contact information

In addition, the Application may collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile devices unique device ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browsers you use, and information about the way you use the program. The program collects information about the location of your mobile device but do not store or use it for any other activity.

As part of providing you the Program, we may need to provide you with certain infrequent service communications, such as service announcements and administrative messages ("Service Communications"). These Service Communications, which will not include advertisements, are considered part of the Services and your Account, which you may not be able to opt-out from receiving. We may also need to provide you messages from our Affiliates, which can include advertisements, offers and other communication from Trip38 and/or the Affiliate ("Promotional Messages") and you as a user will be able to opt out from these messages. Service Communications and Promotional Messages can be sent through email, SMS/MMS/USSD or notification within the application of website/mobile.

Only aggregated, anonymized data is periodically transmitted to external services to help us improve the Program. We do not use any of your personally identifiable information for commercial or promotional marketing activities.

We shall have no responsibility in any manner whatsoever regarding any promotional messages sent to you. The offers made in those promotional messages shall be subject to change at the sole discretion of the Merchant and the merchant owes no responsibility to provide you any information regarding such change.

We may disclose personally identifiable information:

You can stop all collection of information by the Application easily by uninstalling the Application. You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network. You can also request to opt-out via email at support@trip38.com with a subject line "Opt-out".

We will retain personally identifiable information for as long as you use the Application and for a reasonable time thereafter. If you would like us to delete personally identifiable information that you have provided via the Application, please contact us at support@trip38.com and we will respond in a reasonable time. Please note that some or all of the personally identifiable information may be required in order for the Program to function properly.

We are concerned about safeguarding the confidentiality of your information. We provide physical, electronic, and procedural safeguards to protect information we process and maintain. For example, we limit access to this information to authorized employees and contractors who need to know that information in order to operate, develop or improve our Application. Please be aware that, although we endeavor provide reasonable security for information we process and maintain, no security system can prevent all potential security breaches.

Payment

The use of the Services and Applications is currently made available to users free of charge; however, while it is not currently intended, we reserve the right to charge a fee for using the Services at any time. If we begin charging a fee for your continued access to the Services, we will give you at least 15 days prior notice so you can opt out of the Services. If you choose to opt out of the Services, Trip38 may forfeit any or all Trip38 points, or other coupons/awards in your Account after the prior notice period.

Content

Certain portions of the Program may allow you to post or upload text, graphics, images, and other content for display or publication through the Services ("Content"). By submitting Content to Trip38, you hereby grant Trip38 worldwide, royalty-free, fully paid, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Services and Trip38's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Program (and derivative works thereof) in any media formats and through any media channels. If you publish images or other such content through the Services, they may be viewed by and shared with other users, for example, on social networks like Facebook and other similar social networking sites or platforms based on your settings.

You agree not to: (i) submit material that violates anyone else's proprietary rights, including privacy and publicity rights, or can be considered spam or junk mail; (ii) knowingly publish false or inaccurate information; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements, "pyramid schemes,' chain letters or other solicitations; or (v) impersonate another person. Trip38 does not endorse any Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with any Content. We reserve the right to decide whether Content is appropriate and complies with the Terms, and may remove such Content and/or terminate your access for uploading material in violation of the Terms at any time without prior notice. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting publishing or otherwise making available Content or other materials that are believed to violate the Terms.

Offers

Trip38 is involved in aggregation and communication of Offers, featured products and other information pertaining to various Products and/or Services of the Affiliates (collectively called "Products" hereinafter) through the application or website to you. We are not involved in the sale and purchase of the Products or services as listed on the application.

Trip38 works with the Affiliates and other 3rd party data providers in order to display various information (offers, location information etc) and content on Trip38 and Trip38 shall have no liability in the event of any loss suffered by you arising out of the information and/or content provided by the Merchant.

The Affiliate, not Trip38, is the seller of the Products or provider of the service as mentioned. The Products offered through Trip38 are the property of the respective Affiliates offering them. All commercial/contractual terms are offered by the Affiliates directly. The commercial/ contractual terms include without limitation, warranties related to Products including after sales services over which the Merchant has compete control. No warranty or guarantees in respect of the products are provided by Trip38. Trip38 takes no responsibility for the Products that are sold or supplied by third party vendors/Affiliates.trip38 makes no warranty to their users for the quality, safety, usability, or other aspect of a product and/or service that is supplied by a merchant and/for some services or activities that involve potential bodily harm, and for those activities. Trip38 takes no responsibility for the service or activity being offered, and the User takes responsibility for his or her own actions in utilizing those services.

Monitoring

Trip38 shall have the right, but not the obligation, to monitor the content of Trip38 at all times, to determine compliance with this Agreement and any operating rules established by Trip38, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, Trip38 shall have the right to remove any material that Trip38, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

Restrictions

The Program may be used and accessed for lawful purposes only. You agree not to, and to not encourage or conspire with anyone else to, engage in any conduct that is inconsistent with the purposes, intent and spirit of the Program, or otherwise "game the system". You also agree to abide by all applicable local, state, national and foreign laws and regulations in connection with your use of the Services. In addition, you agree not to do any of the following:

Upload, post, email or otherwise transmit any viruses or other computer code that may interrupt, destroy, limit the functionality of the Services, or interfere with the access of any user to the Services; Circumvent, disable or otherwise interfere with security related features of the Services or features that prevent or restrict use or copying of any Content; Use any meta tags or other hidden text or metadata utilizing a trip38 name, trademark, URL or product name; Use manual or automated software, devices, scripts robots, other means or processes to access, "scrape," "crawl" or "spider" any web pages contained in the Services; Attempt to or actually access the Services by any means other than through the Application or other trip38 provided platforms; Attempt to probe, scan or test the vulnerability of any trip38 system or network or breach or impair or circumvent any security or authentication measures protecting the Services or the Application; Attempt to decipher, decompile, disassemble, reverse engineer, or otherwise attempt to discover or determine the source code of any Application used to provide the Services; Use the Services or Application in any way that competes with trip38; or attempt to or acquire trip38 points, and other awards or any other type of awards other than in a manner consistent with the intended use of the Services;

Trip38 expressly reserves the right to retroactively reverse any rewards or benefits granted to you for any such prohibited conduct, or based on any material violation of the Terms; you agree to provide your full cooperation and prompt repayment under such circumstances. Trip38 shall determine, in its sole discretion, whether you have engaged in prohibited conduct; Trip38's determination shall be final and unreviewable, and you waive any and all rights you may have to challenge that decision.

Termination; Cancellation

We may immediately terminate or suspend your access to the Services and remove any material (including any Content provided by you) from the Services or our servers, in the event that you breach the Terms, at our sole discretion and without prior notice to you. We also reserve the right to terminate the Services or your access at any time and for any reason, including but not limited to the need to conduct maintenance or if we discontinue any portion of the Services. Upon termination, all licenses and other rights granted to you under the Terms will immediately cease. We will not be liable to you or any other person for termination of the Services or termination of your use of the Services. Upon any termination or suspension, any information (including Content) that you have submitted to the Services may no longer be accessed by you. Furthermore, we will have no obligation to maintain any information stored in our database related to your Account or to forward any information to you or any other person.

Ownership

The Services and Application are protected by copyright, trademark, and other laws of India. Trip38 and its licensors exclusively own all right, title and interest in and to the Services and Application, including all associated intellectual property rights. You may not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services, except as expressly permitted in the Terms. Any feedback, comments and suggestions you may provide for improvements to the Services or Applications ("Feedback") will be the sole and exclusive property of Trip38 and you hereby irrevocably assign to Trip38 all of your right, title, and interest in and to all Feedback.

Third Party Services, Websites or Resources

The Services may contain content or services provided by third parties and/or links to third party services, websites or resources. We are not responsible or liable for the availability, accuracy, functionality, adherence to third party policies or Trip38 policies, or legality of, and we do not endorse, such websites, services or resources or the content, products, or services available from such websites or resources. You are solely responsible for and assume all risk arising from your use of any such websites, services or resources.

Disclaimer

Your use of the Program is at your sole discretion and risk. We will not be responsible for any harm to your computer or mobile device, loss of data, personal injury, property damage, or other harm that results from your use of the Services and/or Application. We do not make any warranties: (i) regarding the security, accuracy, reliability, timeliness and performance of the Services; or (ii) that the Services and/or Applications will be error-free or that any errors will be corrected. Trip38 will not be liable, and you are solely responsible, for any access or usage charges charged by your wireless carrier related to any device that you use to access or use the Application or Services. We are not responsible for (i) incorrect or inaccurate transcription of information, (ii) problems related to any of the equipment or software associated with the Services or Application or used by you, (iii) human error outside our reasonable control, (iv) any interruption, deletion, omission, degradation, defect, or line failure of any telephone network or electronic transmission, or (v) problems relating to inability to access an Application or the Services.

We disclaim all liability for any technical failures or errors of, on, or connected to the Services and/or Application, including but not limited to Push Messages sent erroneously due to technical failures or errors. We will use reasonable efforts to correct any such failures swiftly upon discovering them or being informed about them. If you think you have received Push Messages in error or experienced other technical failures, please contact us immediately.

The Services and Application, and all materials, information, products and services included therein, are provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind. We expressly disclaim all warranties of any kind, express, implied or statutory, relating to the services and applications, including without limitation the warranties of title, merchantability, fitness for a particular purpose, non-infringement of proprietary rights, course of dealing or course of performance. No advice or information, whether oral or written, obtained by you from Trip38, will create any warranty not expressly stated in this Agreement.

Indemnity

You agree to defend, indemnify, and hold Trip38, its officers, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney's fees and costs, arising out of or in any way connected with (i) your access to or use of the Application or Services; (ii) your violation of the Terms; or (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right.

Limitation of Liability

In no event will trip38, its officers, employees or agents, be liable to you for any indirect, incidental, special, punitive or consequential damages of any kind arising out of or in connection with your use of the services and/or application, whether the damages are foreseeable and whether or not Trip38 has been advised of the possibility of such damages. In no event will Trip38's cumulative liability to you, for all claims regardless of type, exceed One Hundred Rupees. You agree that Sponsors are third party beneficiaries of the Terms, and may enforce its provisions directly.

Governing Law

A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and Trip38 agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

Trip38's headquarters is in Bangalore, Karnataka. Any legal issue/dispute arising out of this Agreement, but not exclusive to the use of the Services (unless otherwise specifically stated) are governed by and in accordance with the laws of India. By using trip38 Program, you agree that any dispute or claim arising out of or in connection with this Agreement or the performance, breach or termination thereof, or Trip38 Program, shall be finally settled by arbitration in Bangalore in accordance with the provision of the Arbitration and Conciliation Act, 1996.

This agreement shall be governed by and constructed in accordance with the laws of india without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts of Bangalore. Telecom Regulatory Authority of India ("TRAI") Regulation.

We may send SMS to you during the following events and the Customer agrees to the same: a) A welcome message upon the respective Customer's joining Trip38; and b) In the event the Customer(s) seek information regarding the tips, recommendations and appropriate information pertaining to the Products and/or Services offered from various Affiliates. It is hereby clarified that the apart from the manner as mentioned hereinabove, Trip38 may communicate with you in accordance with applicable law/TRAI guidelines.

General

The Terms are the entire agreement between you and Trip38 concerning the Program, and supersede all prior or contemporaneous communications between you and Trip38 with respect to the Program. If any provision of the Terms is deemed invalid by a court of competent jurisdiction, the remaining provisions will remain in full force and effect. No waiver of any term of the Terms shall be deemed a further or continuing waiver of such term or any other term, and trip38'sfailure to assert any right or provision under the Terms shall not constitute a waiver of such right or provision.

We reserve the right, in our sole discretion, to modify, discontinue or terminate any or all of the Program at any time, or modify the Terms without notice; updates will be posted at http://www.trip38.com/termsofuse. All modified terms and conditions will be immediately effective as of the date the modified Terms are posted on the Trip38 website and will apply to all Accounts and Members enrolled in the Program. If any modified terms and conditions are not acceptable to you, your sole remedy is to cease using the Services, and if applicable, terminate or cancel your Account. By continuing to access or use the Application and/or the Services after we have posted the new terms and conditions on the site, you agree to be bound by such changes. Members will be notified by email or in the Application or through other available means if the Program is suspended or cancelled. Notice of cancellation will also appear on the Trip38 website.

Trip38 shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Trip38's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). These Terms of Use are personal to you, and are not assignable, transferable or sub-licensable by you. Trip38 may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Use and neither party has any authority of any kind to bind the other in any respect.

Unless otherwise specified in these Term of Use, all notices under these Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.

This agreement may be updated from time to time for any reason. We will notify you of any changes to our agreement by posting the new agreement here and informing you via email or text message. You are advised to consult this agreement regularly for any changes, as continued use is deemed approval of all changes.

If you have any questions about the Terms, please contact us at support@trip38.com