This Website by the URL [http://ya3.co/] and all the Web – pages, hyperlinks, tools and Services provided there under is owned and operated by [YA3, INC] (hereafter referred to as, “Company”), a Delaware corporation, with its registered office at [438 North Frederick Avenue, Ste 400, Gaithersburg, MD 20877].
Ya3’s (“Our”, “Us”, “We”, “Website”, “Site”) Website and mobile application (“Application”) come as a medium of a travel app (any and all of the foregoing are referred to as the “Services”).
As a condition of Your use of this Website, You warrant that:
- You are at least 18 years of age;
- You possess the legal authority to create a binding legal obligation;
- You will only use this Website to make legitimate reservations for You or for another person for whom You are legally authorized to act;
- all information supplied by You on this Website is true, accurate, current and complete; and
- if You have an [http://ya3.co/] account, You will safeguard Your account information and will supervise and be completely responsible for any use of Your account by You and anyone other than You.
You would be required to sign up on the Website or Application by providing certain personal details such as name, e-mail address, telephone number, relationship status, access to Facebook profile, family details and travelling preferences. When You use Our Services, on our Application or Website, You would also be required to provide access to information stored on your device, which may include contacts stored on that device, Your location or the location of your device. When you use Our Services, we may also collect information about your actual location. We may use various technologies to determine location including IP address and GPS. We may collect and store information (including personal information) locally using mechanisms such as browser web storage (including HTML 5 and application date caches. You agree to provide true, accurate, current and complete information about Yourself as prompted by the registration form. If You provide information that is untrue, inaccurate, not current or incomplete, or We have reasonable grounds to suspect that You have provided such information, then the Company may (in addition to any other rights or remedies available to us) refuse registration, suspend access to all current or future use of the Website or Application and the Services (or any portion thereof) permanently.
All Content on the Website and Application is either owned or licensed to Us, and is subject to copyright, trade mark rights, and other intellectual property rights of the Website and Application.
In order to be able view and use Content on the Service, You will need to use a personal computer, smartphone, or other device that meets the system and compatibility requirements that We establish from time to time and is otherwise capable of interacting with the Service (each such device, a “Compatible Device“). We may change the requirements for Compatible Devices from time to time and, in some cases, whether a device is (or remains) a Compatible Device may depend on software or systems provided or maintained by the device manufacturer or other third parties. As a result, devices that are Compatible Devices at one time may cease to be Compatible Devices in the future.
This Application is available to handheld mobile devices running Apple iOS and Android OS Operating Systems. We will use reasonable efforts to make the Application available at all times. However, You acknowledge the Application is provided over the internet and mobile networks and so the quality and availability of the Application may be affected by factors outside the Company’s reasonable control.
The Company does not accept any responsibility whatsoever for unavailability of the Application, or any difficulty or inability to download or access Content or any other communication system failure which may result in the Application being unavailable. The Company will not be responsible for any support or maintenance for the Application.
In order to use the Application, you are required to have a compatible mobile telephone or handheld device, internet access, and the necessary minimum specifications (‘Software Requirements’). The Software Requirements are as follows: Apple iOS devices running iOS 4 or iOS 5, and Android OS devices running Android OS 2.3 onwards; Language: English. The version of the Application software may be upgraded from time to time to add support for new functions and services.
Restrictions on Use
- is illegal, threatening, abusive, invasive of any person’s privacy, harassing, defamatory, libellous, false, deceptive, fraudulent, misleading, untruthful, tortuous, obscene, offensive, pornographic, or otherwise inappropriate, as We may determine in Our sole discretion;
- Violates any right of publicity, or other right of any person or entity, or any law or contractual obligation;
- infringes any patent, copyright, trademark or other intellectual property right of any person or entity ;
- constitutes unauthorized or unsolicited advertising;
- involves commercial activity not expressly permitted by Us; or
- contains any harmful or malicious computer codes, files or programs that are designed or intended to damage, disrupt, interfere with, or limit, the proper functionality of any software or hardware, or that enables to obtain unauthorized access to any system, data or other information.
- disrupts, interferes with or restricts the use of our site by other Users;
- reverse engineers, decompiles, copy or adapts any software or other code or scripts forming part of our Website;
- changes, modifies, deletes, interferes with or misuses data contained on our site and entered by or relating to any third party user of our Website.
Usage of mobile number of the User
The Company may send booking confirmation, itinerary information, cancellation, payment confirmation, refund status, schedule change or any such other information relevant for the transaction, via SMS or by voice call on the contact number given by the User at the time of booking; we may also contact the User by voice call, SMS or email in case the User couldn’t or hasn’t concluded the booking, for any reason what so ever, to know the preference of the User for concluding the booking and also to help the User for the same. The User hereby unconditionally consents that such communications via SMS and/ or voice call by Us is (a) upon the request and authorization of the User, (b) ‘transactional’ and not an ‘unsolicited commercial communication’ as per the guidelines of Federal Communications Commission (FCC) and (c) in compliance with the relevant guidelines of FCC or such other authority in the United States of America and abroad. The User will indemnify the Company against all types of losses and damages incurred by the Company due to any action taken by FCC or any other authority due to any erroneous compliant raised by the User on the Company with respect to the intimations mentioned above or due to a wrong number or email id being provided by the User for any reason whatsoever.
Right to Cancellation in case of invalid information from User.
The User expressly undertakes to provide to the Company only correct and valid information while requesting for any services under this agreement, and not to make any misrepresentation of facts at all. Any default on part of the User would vitiate this agreement and shall disentitle the User from availing the services from Us.
In case the Company discovers or has reasons to believe at any time during or after receiving a request for services from the User that the request for services is either unauthorized or the information provided by the User or any of them is not correct or that any fact has been misrepresented by him, the Company in its sole discretion shall have the unrestricted right to take any steps against the User(s), including cancellation of the bookings, etc. without any prior intimation to the User. In such an event, We shall not be responsible or liable for any loss or damage that may be caused to the User or any of them as a consequence of such cancellation of booking or services.
The User unequivocally indemnifies the Company of any such claim or liability and shall not hold Us responsible for any loss or damage arising out of measures taken by Us for safeguarding its own interest and that of its genuine customers. This would also include Us denying/cancelling any bookings on account of suspected fraud transactions.
Third Party Account Information.
By using the account access service in the Company Website and Application, the User authorizes the Company and its agents to access third party sites, including that of Banks and other payment gateways, designated by them or on their behalf for retrieving requested information.
While registering, the User will choose a password and is responsible for maintaining the confidentiality of the password and the account.
The User is fully responsible for all activities that occur while using their password or account. It is the duty of the User to notify the Company immediately in writing of any unauthorized use of their password or account or any other breach of security. The Company will not be liable for any loss that may be incurred by the User as a result of unauthorized use of his password or account, either with or without his knowledge. The User shall not use anyone else’s password at any time.
Intellectual Property Rights
This Website and its mobile Applications are owned by [insert company name]. All rights to, title and interest in the Content available on/ via the Website and Application, the Website’s and Application’s look and feel, the designs, trademarks, service marks, and trade names displayed on the Website and Application, and the Website and Application URLs, are the property of [insert company name here] or its licensors, and are protected by copyrights, trademarks, patents, or other proprietary rights and laws.
The Website and its mobile Applications and the Content are protected by copyright laws, and belong to Us or its partners, affiliates or contributors. The copyrights in the Content are owned by Us or other copyright owners who have authorized their use on the Website. You may not manipulate or alter the images or other Content on the Website in any way.
We respect the intellectual property rights of others and expect you to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to Us. We reserve the right to remove Content alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, We will also terminate a User’s account if the User is determined to be a repeat infringer. Our designated copyright agent for notice of alleged copyright infringement appearing on the Website is: [firstname.lastname@example.org].
Disclaimer of Warranties
The Services are provided on an “as is” and “with all faults” basis, and without warranty or condition of any kind, either express or implied. Without limiting the foregoing, we explicitly disclaim any warranties, either express or implied, including without limitation, warranties of merchantability, and fitness for a particular purpose, non-infringement and quality of Service. We make no warranty that the Service will meet your expectations, be free from viruses, or that data and content obtained through the service will be accurate, reliable or current, or that the service will be available on an uninterrupted, secure, or error-free basis. You acknowledge and agree that the use of the Service is at your own discretion and sole risk and that the entire risk as to the results and performance of the Service, including, without limitation, any damages to your computer system, tablet, mobile device or data stored on it, is solely Yours.
Limitation of Liability
You acknowledge and agree that in no event will We (including, without limitation, our affiliates and their respective officers, directors, employees and agents) be liable for any direct, indirect, special, punitive, incidental or consequential damages or losses (including, without limitation, damages for loss of business profits, business interruption, loss of programs or information, and the like) arising out of your use of or inability to use the service, or improper use of the Service, even if you have been advised of the possibility thereof and regardless of the form of action, whether in contract, tort, or otherwise. You further acknowledge and agree that we may change the Service in whole or in part in its sole discretion without notice to you and without any liability to you whatsoever in connection therewith.