This website, www.tnonline.in, (hereinafter referred to as "TN online") is owned, hosted and operated by Info Onclick LLC. These terms and conditions regulating use of these Services constitute a legally binding agreement between TN online and the User (the “Agreement”).
Anyone using our website is referred as a "User" and anyone listing their products and services on our website are referred as "Client" or "Vendor", By registering and using our website TNonline.in, you are agreeing and accepting to our terms and conditions below.
All rights reserved to tnonline.in and to its Parent company info Onclick LLC.
The terms 'User' or 'End User" and 'Customer' or "Client" or "Vendor" would include both the Subscriber/Advertiser(s) and Browser/Visitor(s)
The terms 'Service' or 'Services' would mean to include the interactive online information Service offered by TN online.in on the internet through which the user may access information carried by TN Online in the database maintained by it. The terms would include to mean the search tools through which the User can search through the hosted databases and information using a number of search tools that are present with a selection matching their search criteria. Users then select one or more of the items presented to view the full document/ record. The term Service does not extend to TN Online.in acting as an agent either express or implied on behalf of any User/Customer and is merely acting as a medium of information exchange.
TN Online is engaged in the business of providing information on one click services. The Client has represented to TN Online that it has the necessary legal, technical, and business setup to procure the travel related services from TN Online as defined in this Agreement. TN Online and the Client desire to enter into this Agreement to bind themselves with their mutual obligations as prescribed here under, and this Agreement supersedes all prior understanding of the Parties with respect to their dealings with each other on the scope of services. TN Online and the Client are defined in Annexure A to this Agreement. Both TN Online & the Client are individually referred to as "Party" and collectively as "Parties".
1. SCOPE OF SERVICES
1.1 TN Online will enable the Client to access its dedicated corporate website and/or mobile application ("Platform") as per the terms provided in this Agreement.
1.2 TN Online at its sole discretion will make available its services including but not limited to News/Events/Real estate/Travel tickets/ Concert tickets/online reservation for movies and restaurants, any other services on the Platform ("Services"). The Client shall not have any rights to insist specific performance by TN Online. The Services will be subject to such restrictions as TN Online may specify from time to time. TN Online would be rendering services as a facilitator arranging services between primary service provider/chain/aggregator and its Clients/users. Accordingly, the primary service providers/chain/aggregator only would be responsible for provision of primary services of their businesses services etc. to any User (defined hereunder).
1.3 The Clients may request TN Online for making available third party services (i.e. any services other than the Services offered by TN Online) on the Platform and managing the bookings of such third party services on behalf of the Client.
1.4 Bookings of the tickets and Services will be purely at the choice of the Users and as per the user agreement at the TN Online website.
1.5 The Services are solely for the internal use of the Client. The Client will not be authorized to redistribute the Services or derive any commercial benefit from the Services in any manner whatsoever.
1.6 The cancellation of reservation of any Service(s) under this Agreement shall be as per the cancellation policy applicable for that specific Service. The cancellation policy for all types of Services will either be displayed on the Platform or communicated by TN Online to the Client from time to time.
2. CORPORATE PLATFORM
2.1 TN Online will at its sole discretion provide the information about the availability, rates and other details of the Services made available on the Platform, nothing is guaranteed until it is accepted by service providers.
2.2 The list of all officers and employees to whom the Client wishes to grant access of Platform (Users) will be shared with TN Online in writing. The term Users shall include Admin-user profiles i.e. profiles created by the Client to manage reservation/cancellation/modification of Services on behalf of one or more employee or officer of the Client. The Client will be liable for ensuring that all provisions of this Agreement including but not limited to the obligations of the Client will be complied as is by all the Users. The Client further represents that it has provided the necessary authorization to each User for accessing the Platform and to act for and on behalf of the Client for making the reservation/cancellation/modification of any Service under this Agreement.
2.3 The Client shall be solely responsible for ensuring that only authorized Users access and make necessary changes and/or making any other modification on the Platform.
3. PAYMENT AND OTHER COMMERCIAL TERMS
3.1 The Client may provide a rolling deposit, request for activation of an option for corporate payment via internet banking/credit card/debit card or utilize credit extended by TN Online (against bank guarantee) on such terms as may be communicated by TN Online and agreed by the Client in writing.
3.2 TN Online may choose to levy a convenience fee on the Services offered pursuant to this Agreement for listing your businesses on TNOnline.in.
4. INTELLECTUAL PROPERTY
4.1 All rights pertaining to trade names, trademarks, service marks, logos, symbols, proprietary marks and any other intellectual property rights in respect of the Platform shall exclusively vest with TN Online and its Management and its Parent Company. This Agreement does not create any licenses from TN Online to the Client.
4.2 The Client shall not acquire any right whatsoever, in the intellectual property rights of TN Online (detailed above) on account of the limited permitted use of the Platform as per this Agreement.
5. LIMITATION OF LIABILITY
5.1 The Client acknowledges that TN Online is not responsible for lapse of Services caused by factors which are not directly under their control, including but not limited to flight delays, cancellations by the primary service provider/chain/aggregator and renovation of accommodation.
5.2 TN Online disclaims all liability in respect of (1) any third party services or services provided by primary service providers made available on the Platform, any fraud attributable to the Client or User, or (3) any unauthorized use of the Platform on account of the access provided to the Client.
5.3 TN Online's LIABILITY FOR ANY SPECIFIC SERVICE SHALL BE LIMITED TO THE COMMISSION PAYABLE BY THE PRIMARY SERVICE PROVIDER/CHAIN/AGGREGATOR TO TN Online IN RESEPCT OF THE SPECIFIC SERVICE.
6.1 Each Party agrees to indemnify and hold the other Party, its officers, directors, employees, successors, and assigns harmless against all losses, damages, liabilities, costs or expenses of whatever form or nature, including, without limitation, attorney's fees and expenses and other costs of legal defence whether direct or indirect, that they, or any of them, may sustain or incur as a result of any acts or omissions of the former Party or any of its directors, officers, employees, or agents, including, but not limited to, (1) breach of any of the provisions/obligations of this Agreement (2) negligence, misconduct or other tortuous conduct, or (3) misrepresentations made herein.
6.2 Notwithstanding anything to the contrary contained herein, the Client additionally agrees to indemnify and hold TN Online, its officers, directors, employees, successors, and assigns harmless against all losses, damages, liabilities, costs or expenses of whatever form or nature, including, without limitation, attorney's fees and expenses and other costs of legal defence whether direct or indirect, that TN Online may sustain or incur as a result of any acts or omissions of the Users, including, but not limited to (1) unauthorized use of the Platform, (2) fraud on account of any User or any unauthorized user accessing the Platform on account of the access granted to the Client, or (3) breach of any of the provisions/obligations of the Agreement; and
6.3 Neither Party shall be liable to the other for any direct, indirect, incidental, punitive, special or consequential damages or losses (including without limitation loss of profit or revenue etc.), whether under contract or in tort, and even if the other party had been advised of the possibility of such damage or loss.
7. REPRESENTATIONS AND WARRANTIES
Each Party represents and warrants that:
7.1 It has full legal right, power and authority to carry on its business and to enter into this Agreement and perform all of its obligations, terms and conditions hereunder; and
7.2 Neither the execution nor delivery of this Agreement, nor the fulfilment nor compliance with the terms and provisions hereof, will conflict with, or result in a breach of terms, conditions or provisions of, or constitute a default under, or result in any violation of its charter documents or by laws, if any, or any agreement, restrictions, instrument, order, judgment, decree, statute, law, rule or regulation to which it is subject, or require any consent, approval or other action by any court, tribunal, administrative or governmental body.
7.3 TN Online will make available customer support with the then-current standard terms and conditions and standard customer service policies and procedures applying generally to any direct users of TN Online.
7.4 The Client additionally represents and warrants that:
7.4.1 It acknowledges that TN Online reserves the right to refuse to make available any Service(s) to the Client for a variety of reasons, including but not limited to any technical or other failure affecting the functioning Platform; inability to authenticate any payment instrument or any other mode of payment; any disruption in the functioning of the interface of primary service provider is not working; provided that TN Online is suffering from a disruption of services on account of a reason beyond its control.
7.4.2 It has authorized the Users to make payments to TN Online on behalf of Client.
7.4.3 It has authorized the Users to access the Platform and make reservation/cancellation/modification of Services including but not limited to making submissions to, and sharing/signing documents, agreements (online, physical or verbal) on behalf of the Clients in dealings with TN Online and any other third party.
7.4.4 It will be responsible for ensuring that each User complies with the applicable laws and the provisions of this Agreement.
7.4.5 It has authorized TN Online to correspond with the primary service provider/chain/aggregator in respect of any third party travel services requested by the Client for booking confirmation, issuing vouchers for the service, collection payments from the User for primary services and for rendering payment to the primary service provider/chain/aggregator on behalf of the Client.
7.4.6 It shall be liable for ensuring that the provisions of this Agreement including but not limited to the obligations of the Client shall be complied by all the Users.
7.4.7 It represents that it has obtained necessary authorizations as per the applicable laws to act for and on behalf of the primary service provider/chain/aggregator in respect of any third party travel services requested by the Client under this Agreement.
7.4.8 It acknowledges that the tax invoice for any services under this Agreement will be issued by primary service provider/chain/aggregator only and TN Online shall not be under any obligation to share the said invoice.
8. TERM AND TERMINATION
8.1 The Agreement shall commence from the Effective Date and be continue to be valid unless terminated by either Party with 30 (thirty) days's notice to the other Party anytime during the term of this Agreement. In addition, either Party may terminate this Agreement with immediate notice for material breach of the terms of this Agreement by the other Party or for any statutory reasons; in case of a breach by a Party capable of being cured, the other Party may terminate this Agreement with immediate notice if the former Party fails to cure the breach within 15 (fifteen) days from the date the latter Party notifies the breach. However the accrued obligations of the Parties prior to the termination will continue to be fulfilled post termination.
9.1 Pursuant to this Agreement each Party, with respect to the services rendered in its individual capacity, would be solely responsible for the compliance of all applicable laws including but not limited to legislations regarding respective taxes. The Parties would be responsible for their own tax assessments, audits, inquires, etc. and would keep the other Party indemnified from any additional tax demand arising out of the same. The Government of India has proposed to levy Goods and services tax (GST) by subsuming different transaction taxes/value added taxes, levies, duties, cess, etc. Both the parties hereby mutually agree to make necessary amendments in this agreement pursuant to enactment of GST law in India. All payments under the Agreement would be subject to withholding tax as per the law applicable on the date of payment. The Party withholding the tax would be responsible for providing appropriate proof, certificate, documents, etc. to enable the other Party claim the benefit of the same.
9.2 The Parties agree that any information (including any written, tangible and/ or intangible information) exchanged between or disclosed by either Party to the other Party from time to time, which by its inherent nature is confidential or is specifically mentioned as confidential, shall be the confidential information of the said Party and either Party shall not disclose the same to the public without taking the prior written approval of the other Party.
9.3 Any Service will be hosted on the Platform at the sole discretion of TN Online, and the Client shall not have any rights to insist specific performance by TN Online.
9.4 This Agreement is governed by the laws of India and Parties agree to the exclusive jurisdiction of courts of New Delhi.
9.5 The waiver of any right in this Agreement shall be in writing and signed by the Party against whom enforcement is sought, and shall not be a waiver of any other right in this Agreement.
9.6 Any notices under this Agreement by a Party to the other Party shall be issued to the respective Party's address mentioned in Annexure A.
9.7 The Client shall not assign this Agreement to any other person without TN Online's prior written consent.
9.8 Modifications to this Agreement shall be done by a means of revised link sent by TN Online and acceptance of the same by the Client or by means of a separate amendment as an agreement signed by both Parties.
9.9 Neither Party shall be responsible for any failure to comply with its respective obligations under this Agreement, where such failure or delay is due to events of Force Majeure (as defined below) provided that the affected Party notifies the non-affected Party within reasonable time of the commencement of the event of Force Majeure. Force Majeure events shall mean any circumstances beyond the reasonable control of Parties like war, riot, flood, fire, Acts of God, epidemic, explosion, disease, earthquake, hijacking, sabotage, crime.
9.10 This Agreement and Annexure A, constitutes the complete and exclusive statement of the Agreement between the parties, and supersedes all proposals, and all other prior or contemporaneous communications between the parties relating to the subject matter hereof, whether written or oral.
9.11 This Agreement shall either be signed by the Client through filling the online form with its details, and agreeing to these terms and agreements with TN Online as a click wrap agreement. Accordingly, this Agreement is legally valid between the Parties by virtue of their online acceptance.