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BirdRes Terms Of Use & Service

This web site (the "Site") is published and maintained by BirdRes Technologies Private Limited ("BirdRes"), a company incorporated and existing in accordance with the laws of the Republic of India. When you access, browse or use this Site you accept, without limitation or qualification, the terms and conditions set forth below. When you access any sub-site (whether belonging to an ‘associate’ of BirdRes or otherwise) through this site, then such sub-site may have its own terms and conditions of use which is specific to such sub-site. Sub-sites may contain such additional terms and conditions of use as may be set out in such sub-site.

These Terms and Conditions of Use and any additional terms posted on this Site together constitute the entire agreement between BirdRes and you with respect to your use of this Site.

Site and Its Contents

This Site is only for your personal use. You shall not distribute, exchange, modify, sell or transmit anything you copy from this Site, including but not limited to any text, images, audio and video, for any business, commercial or public purpose.

As long as you comply with the terms of these Terms and Conditions of Use, BirdRes grants you a non-exclusive, non-transferable, limited right to enter, view and use this Site. You agree not to interrupt or attempt to interrupt the operation of this Site in any way.

Access to certain areas of the Site may only be available to registered members. To become a registered member, you may be required to answer certain questions. Answers to such questions may be mandatory and/or optional. You represent and warrant that all information you supply to us, about yourself, and others, is true and accurate.

Ownership

All materials on this Site, including but not limited to audio, images, software, text, icons and such like (the "Content"), are protected by copyright under international conventions and copyright laws. You cannot use the Content, except as specified herein. You agree to follow all instructions on this Site limiting the way you may use the Content.

There are a number of proprietary logos, service marks and trademarks found on this Site whether owned/used by BirdRes or otherwise. By displaying them on this Site, BirdRes is not granting you any license to utilize those proprietary logos, service marks, or trademarks. Any unauthorized use of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.

You may download such copy/copies of the Content to be used only by you for your personal use at home unless the subsite you are accessing states that you may not. If you download any Content from this Site, you shall not remove any copyright or trademark notices or other notices that go with it.

Others’ rights

If this Site contains bulletin boards, chat rooms, access to mailing lists or other message or communication facilities, you agree to use the same only to send and receive messages and materials that are proper and related thereto. By way of example and not as a limitation, you agree that when using the Site or any facility available herefrom, you shall not do any of the following:

  1. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others
  2. Publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful material or information
  3. Upload or attach files that contain software or other material protected by intellectual property laws (or by rights of privacy and publicity) unless the User owns or controls the rights thereto or has received all consents therefor as may be required by law
  4. Upload or attach files that contain viruses, corrupted files or any other similar software or programs that may damage the operation of another’s computer
  5. Delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded
  6. Falsify the origin or source of software or other material contained in a file that is uploaded
  7. Advertise or offer to sell any goods or services, or conduct or forward surveys, contests or chain letters, or download any file posted by another user of a Forumthat the User knows, or reasonably should know, cannot be legally distributed insuch manner.

User's Material

You are prohibited from posting or transmitting any defamatory, libelous, obscene, pornographic, profane, threatening or unlawful material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law.

BirdRes assumes no liability or responsibility arising from the contents of any communications containing any defamatory, erroneous, inaccurate, libelous, obscene or profane material. BirdRes may change, edit, or remove any user material or conversations that are illegal, indecent, obscene or offensive, or that violates BirdRes's policies in any way.

BirdRes will fully cooperate with any law enforcement authorities or court order requesting or directing BirdRes to disclose the identity of anyone posting such materials.

BirdRes Rights

If you send any communications or materials to the Site by electronic mail or otherwise, including any comments, data, questions, suggestions or the like, all such communications are, and will be treated by BirdRes, as non-confidential.

You hereby give up any and all claim that any use of such material violates any of your rights including moral rights, privacy rights, proprietary or other property rights, publicity rights, rights to credit for material or ideas, or any other right, including the right to approve the way BirdRes uses such material.

Any material submitted to this Site may be adapted, broadcast, changed, copied, disclosed, licensed, performed, posted, published, sold, transmitted or used by BirdRes anywhere in the world, in any medium, forever.

Transmitted Material

Internet transmissions are never completely private or secure. You understand that any message or information you send to this Site may be read or intercepted by others unless there is a special notice that a particular message (for example, credit card information) is encrypted (send in code). Sending a message to BirdRes does not cause BirdRes to have any special responsibility to you.

The copyright in the contents of this website belong to BirdRes. Accordingly BirdRes reserves all rights. Copying of part or all the contents of this website without permission of BirdRes is prohibited except to the extent that such copying/printing is necessary for the purposes of availing of the paid services provided.

Contests and interactions

This Site may contain contests that require you to send in material or information about yourself or offer prizes. Each contest has its own rules, which you must read and agree to before you participate.

Disclaimer

The material in this Site could include technical inaccuracies or typographical errors. BirdRes may make changes or improvements at any time.

The materials on this site are provided on an “As Is” basis, without warranties of any kind either expressed or implied. Tot the fullest extent permissible pursuant to applicable law, BirdRes disclaims all warranties of merchantibility and fitness for a particular purpose.

BirdRes does not warrant that the functions contained in this site will be uninterrupted or error free, that defects will be corrected, or that this site or the servers that make it available are free of viruses or other harmful components, but shall endeavour to ensure your fullest satisfaction

BirdRes does not warrant or make any representations regarding the use of or the result of the use of the material on the site in terms of their correctness, accuracy, reliability, or otherwise, insofar as such material is derived from other service providers such as airlines, hotel owners and tour operators, mobile/DTH service providers& aggregators.

You acknowledge that this Website is provided only on the basis set out in these terms and conditions. Your uninterrupted access or use of this Website on this basis may be prevented by certain factors outside our reasonable control including, without limitation, the unavailability, inoperability or interruption of the Internet or other telecommunications services or as a result of any maintenance or other service work carried out on this Website. BirdRes does not accept any responsibility and will not be liable for any loss or damage whatsoever arising out of or in connection with any ability/inability to access or to use the Site.

You also acknowledge that through this Site, BirdRes merely provides intermediary services in order to facilitate highest quality services to you. BirdRes is not the last-mile service provider to you and therefore, BirdRes shall not be or deemed to be responsible for any lack or deficiency of services provided by any person (airline, travel/tour operator, hotel, mobile/DTH service providers& aggregators , facility or similar agency). You shall engage or hire or appoint pursuant to or resulting from, the material available in this Site.

BirdRes will not be liable to you or to any other person for any direct, indirect, incidental, punitive or consequential loss, damage, cost or expense of any kind whatsoever and howsoever caused from out of your usage of this Site.

Availability

The products and services displayed on the Site may not be available for purchase in your particular country or locality. The reference to such products and services on the Site does not imply or warrant that these products or services will be available at any time in your particular geographical location. You should check with your local BirdRes authorized representative for the availability of specific products and services in your area.

Terms and Conditions of Use

BirdRes may add to, change or remove any part of these Terms and Conditions of Use at any time, without notice. Any changes to these Terms and Conditions of Use or any terms posted on this Site apply as soon as they are posted. By continuing to use this Site after any changes are posted, you are indicating your acceptance of those changes.

BirdRes may add, change, discontinue, remove or suspend any other Content posted on this Site, including features and specifications of products described or depicted on the Site, temporarily or permanently, at any time, without notice and without liability.

BirdRes reserves the right to undertake all necessary steps to ensure that the security, safety and integrity of BirdRes's systems as well as its clients’ interests are and remain, well-protected.

Towards this end, BirdRes may take various steps to verify and confirm the authenticity, enforceability and validity of orders placed by you.

If BirdRes, in its sole and exclusive discretion, concludes that the said orders are not or do not reasonably appear to be, authentic, enforceable or valid, then BirdRes may cancel the said orders at any time up to 5 hours before the scheduled time of departure of the relevant flight or 5 hours before the expected date of visit to any property booked through BirdRes.

General Provisions

You may travel to certain destinations which involve greater risks than others, entirely at your risk as to cost and consequences.

BirdRes requests you to consult your local authorities and evaluate travel prohibitions, warning, announcements, and advisories issued by them before booking travel to certain international destinations.

By offering for sale travel to particular international destinations, BirdRes does not represent or warrant that travel to such point is advisable or without risk. BirdRes 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.

BirdRes reserves its exclusive right in its sole discretion to alter, limit or discontinue the Site or any material posted herein, in any respect. BirdRes shall have no obligation to take the needs of any User into consideration in connection therewith.

BirdRes reserves its right to deny in its sole discretion any user access to this Site or any portion hereof without notice.

No waiver by BirdRes of any provision of these Terms and Conditions shall be binding except as set forth in writing and signed by its duly authorized representative.

If any dispute arises between you and BirdRes during your use of the Site or thereafter, in connection with and arising from your use or attempt to use this Site, the dispute shall be referred to arbitration. The place of arbitration shall be Delhi. The arbitration proceedings shall be in the English language.

The said arbitration proceedings shall be governed and construed in accordance with the Arbitration and Conciliation Act, 1996 and modifications thereof as in force at the relevant time.

These terms and conditions are governed by and shall be construed in accordance with the laws of the Republic of India and any dispute shall exclusively be subject to the jurisdiction of the appropriate Courts situated at Delhi.

About Birdres Promotional Discount Points

Birdres Promotional Discounts (also referred to as "Discounts" or "Discount" ) are issued by Birdres to few of its chosen subscribers. It’s a promotional activity and allows subscribers to avail discounts or credits that may be applied if the subscriber wants it for a particular domestic air travel transaction on Birdres.com.

These Discounts are valid only for a specific period and can only be applied for Domestic Air Travel. They cannot be carried forward. They expire when the validity period is over.

This discount cannot be availed all at once.

A pre-defined amount of this discount can be used per ticket at a time.

Birdres discount or discounts once used cannot be reclaimed. If the transaction on which Discount was availed is canceled or reissued or refunded then they cannot be added back and used again. Such Discounts are lost.

The Discount which can be used per ticket or per transaction can vary.

About Amazon Easy

The services are provided “as is” and “as available.” Basis. Birdres disclaims all representations and warranties, express, implied or statutory, not expressly set out in these terms, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In addition, birdres makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability or availability of the services or any services or goods requested through the use of the services, or that the services will be uninterrupted or error free. Birdres does not guarantee the quality, suitability, safety or ability of third party providers. You agree that the entire risk arising out of your use of the services, and any service or good requested in connection therewith, remains solely with you, to the maximum extent permitted under applicable law.

Limitation of liability
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Birdres shall not be liable for indirect, incidental, special, exemplary, punitive or consequential damages, including lost profits, lost data, personal injury or property damage related to, in connection with, or otherwise resulting from any use of the services, even if birdres has been advised of the possibility of such damages. Birdres shall not be liable for any damages, liability or losses arising out of: (i) your use of or reliance on the services or your inability to access or use the services; or (ii) any transaction or relationship between you and any third party provider, even if birdres has been advised of the possibility of such damages. Birdres shall not be liable for delay or failure in Performance resulting from causes beyond birdres’s reasonable control. In no event shall birdres’s total liability to you in connection with the services for all damages, losses and causes of action exceed rupees one thousand. Birdres’s services may be used by you to request and schedule goods or logistics services with amazon, but you agree that birdres has no responsibility or liability to you related to any goods or logistics services provided to you by amazon other than as expressly set forth in these terms.

1. Birdres will not be responsible for any claims regarding any faulty product, delay in delivery, broken or damaged or torn products.
2. Birdres does not provide amazon products and merely facilitates the users to avail the amazon easy store services from amazon.com
3. During cancelation, commission will be reversed to travel agency birdres wallet

Indemnity
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You agree to indemnify and hold birdres and its officers, directors, employees and agents Harmless from any and all claims, demands, losses, liabilities, and expenses (including Attorneys’ fees) arising out of or in connection with: (i) your use of the services or services or Goods obtained through your use of the services; (ii) your breach or violation of any of these Terms or applicable laws; (iii) birdres’s use of your user content; or (iv) your violation of The rights of any third party, including third party providers