General.

This Website by the URL [https://ya3.co/p/] 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”).

The expressions “You”, “Your” or “User”, whenever the context so requires, for the purposes of these Terms of Use, shall mean any natural or legal person who may create by registration, membership account on this Website or Application or agree to avail Our Services through this Website or Application, or otherwise access Our Website or Application.

These terms and conditions (“Terms of Use”) shall govern your access to and use of the Services however accessed, as well as any and all information of whatever kind and nature appearing on the Website or Application or otherwise available through the Services. Please read these Terms of Service carefully before using the Site and/or Application; your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms of Use. By downloading and installing the Application, accessing the Site or using the Services in any way, you agree to and are hereby bound by these Terms of Use. If you do not agree to all of the terms and conditions contained herein, do not use the Services, or access them through the Site or Application. Unless explicitly stated otherwise, any new features which may be added to the Services, including the release of new services or capabilities, are subject to these Terms of Use.

We may, in our sole discretion, make changes to these Terms of Use, from time to time with or without notice to you. Each time changes are made to these Terms of Use, a revised version of these Terms of Use, will be posted in the Application and Website. Your continued use of the Service following such changes constitutes your acceptance of any such changes. You can review and are encouraged to check, from time to time, the most current version of these Terms of Service. At all times, the latest version of these Terms of Service shall be binding and prevail over any other version. Furthermore, We reserve the right to amend, discontinue, limit, disable, terminate, or cancel any feature of the Services at any time.

 

Privacy Policy

We respect the privacy of others. Any information that you provide us through the Services is subject to Our Privacy Policy. Your use of the Services constitutes your consent to the collection and use of your certain information, as described in our Privacy Policy

 

Member Registration

As a condition of Your use of this Website, You warrant that:

  1. You are at least 18 years of age;
  2. You possess the legal authority to create a binding legal obligation;
  3. You will use this Website in accordance with these Terms of Use;
  4. You will only use this Website to make legitimate reservations for You or for another person for whom You are legally authorized to act;
  5. You will inform such other persons about the Terms of Use that apply to the reservations You have made on their behalf, including all rules and restrictions applicable thereto;
  6. all information supplied by You on this Website is true, accurate, current and complete; and
  7. if You have an [https://ya3.co/p/] 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.

We retain the right at our sole discretion to deny access to anyone to this Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of these Terms of Use.

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.

When You sign up on the Website, Your personal information will be registered automatically in Our database which will be maintained and used by the Website in accordance with the Privacy Policy.

 

Termination

You may deactivate Your membership account at any time and We reserve all rights to deny access, and to suspend or terminate Your access to the Website or Application without providing prior notice, for any reason, including violation of any of these Terms of Use by You.

 

Content

A variety of information, text, graphics, software, graphics, photos, data, video, audiovisual combinations, interactive features and other materials You may view on, or access through the Service (“Content”) is available on the Website and Application. The Content available on the Website and Application shall be used solely for Your non-commercial use and/or to benefit from the products, Services intimated on the Website and Application. No right, title or interest in any Content is transferred to You, whether as a result of downloading or reproducing such Content or otherwise. We reserve complete ownership, title and full intellectual property rights in all Content uploaded by Us. Except as expressly authorized by this Terms of Use, You may not use, alter, copy, distribute, transmit, or derive another work from any Content obtained from Us or the Service.  As an account holder on the Website or Application, You may view Content.

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.

 

Compatible Devices

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.

 

System Requirements

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

As a condition of use, You agree to use the Services solely for lawful purposes and not to use the Services for any purpose that is prohibited by these Terms of Use. You are solely responsible for all of your activity in connection with the Services. Without derogating from your responsibility under any applicable law, and solely by way of example, you shall not (and shall not permit any third party to) either (a) take any action or (b) download, upload, submit, post, or otherwise distribute or facilitate distribution of any Content that:

  • 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: [core@ya3.co].

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.

 

Governing law

These Terms of Use shall be governed by the laws of the United States of America, without regard to principles of conflicts of law.

 

Disputes

Any action arising out of or relating to these Terms of Use or Your use of the Services must be commenced in the local or high courts located in [United States] (and You consent to the jurisdiction of those courts).

 

Interpretation

Headings are for convenience only and shall not be used to construe the terms of these Terms of Use. If any term of this Terms of Use is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from these Terms of Use. No failure or delay by Us in exercising any right hereunder will waive any further exercise of that right. Our rights and remedies hereunder are cumulative and not exclusive.

 

Waiver

Any failure on Our part to exercise any provision or right under these Terms of Use, shall not constitute a waiver by Us of that provision or right.

 

Indemnity

You agree to indemnify, defend and hold harmless the Company and its affiliates, agents, respective employees, directors, officers, agents, managers, vendors and suppliers from and against any liability, losses, claims, damages, demands, investigations, inquiries, suits, costs and expenses (including legal fee and costs incidental thereto) asserted against or incurred, that arise out of or otherwise relating to Your use of the Website and Application, including without limitation any obligation to be performed by You pursuant to these Terms of Use. Further, You agree to hold the Company harmless against any claims made by any third party due to, or arising out of or otherwise relating to Your use of the Website or Application, any claim arising out of damage caused to third party by You, breach of these Terms of Use by You, or Your violation of any rights of another, including any intellectual property rights. Further, You agree to hold the Company harmless against any claims made by any third party due to legal suits regarding the originality, copyright issues, Your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive these Terms of Use.

Notwithstanding anything to the contrary, Our entire liability towards You under these Terms of Use or otherwise shall only be in connection with refund of the money charged from You for any particular product or service, under which the unlikely liability arises.

 

Contact Information

If You have any questions or concerns with respect to this Terms of Use or the Website or Application or any information contained on thereon, You may contact Us by writing to Us at [core@ya3.co]. These Terms of Use supersede any previous versions