adivaha® reserves the rights to switch API supplier, or change the project flow anytime without intimation in order to keep the existing customers application working in case of any downtime of current API service.

adivaha® company is the owner of this site, including all information, images, documents, text and all other elements of the site and all products offered on this site and service provider operating through the site, in accordance with the terms and conditions set forth in the document.

The content of the pages of this website is for your general information and use only. It is subject to change without notice.

Not all WordPress themes and HTML5 templates are owned by adivaha. We provide links to the authors and direct purchase options from their respective sites.

By using materials from this site, including the use of any of the services, downloading any materials or simply browsing the site, you agree to the Terms of Use and are obliged to observe them.

You agree not to copy, publish, download, transmit, modify, lease or loan, sell, distribute, licensed, sublicense, not redesign the products and services, or create derivative-based products and services except in cases specified in this document, without explicit authorization from “Adivaha”.

adivaha® hereby waives any rights to trademarks, service marks, trade names, logos, copyrights, patents, domain names or other intellectual property.

adivaha® reserves the rights to suspend and cancel the account without any prior notice if any suspicious or illegal activity detected.

Travel Agent Partner shall facilitate the processing of Bookings of Platform Services by the customer through the Company Platform

Travel Agent Partner shall solely perform the services as specified in this Agreement or as may be authorised by the Company, in writing, from time to time.

The Company will be responsible for generating the Booking Voucher to be shared with the customer. The Company will share the booking confirmation with the Travel Agent Partner and the Travel Agent Partner in turn shall share Booking Voucher with the customer on an “as-is” basis.

No action or omission by the Travel Agent Partner beyond the scope of authorisation as detailed in this Agreement will bind the Company.

The Company provides limited, non-exclusive and non-transferable right to Travel Agent Partner to access and use the Company Platform.

The Company Platform shall not be used, compiled, cached, sold, distributed or otherwise made available by Travel Agent Partner except as specifically provided in this Agreement.

The Company has the right, at any time, to terminate or suspend access of the Company Platform, without any liability, if the Company believes in good faith that (i) such termination or suspension is necessary to preserve the security, integrity, or accessibility of the Company Platform; (ii) fraud, abuse or misuse of the Company Platform is being caused or permitted by Travel Agent Partner or (iii) Travel Agent Partner breaches any terms of this Agreement.

The Company is rendering services as a facilitator between Service Provider and customer and the Service Provider shall be responsible for the provision of Platform Services to the customer

Travel Agent Partner acknowledges that the rates and prices are not owned by adivaha®. As a travel technology partner, adivaha® is just providing the net rates directly from the supplier without any additional charges or markups at adivaha® end.

Travel Agent Partner understands that the cash balance (deposits) has to be maintained with the Company for real time ticket and voucher issuance.

The Travel Agent Partner acknowledges that the search results are retrieved from various sources, including multiple GDS, BedBanks, Consolidators, and some direct Airlines. Please note that this process may take a moment to load the results. After reviewing the demo, pricing, and speed, the Travel Agent Partner is satisfied and is ready to proceed.

The Travel Agent Partner understands that each solution, including White Labels, WordPress Plugins, Mobile Apps, and other variants, comes with its own set of advantages and disadvantages. The Travel Agent Partner has confidently chosen the solution after thorough discussions.

The Travel Agent Partner has pre-discussed their requirements before ordering the solution. Adivaha retains the right to accept or deny customizations that have not been pre-discussed.

The Travel Agent Partner comprehends that the application cost or setup fee paid to the Company (Adivaha) is non-refundable. Only the amount available in the Travel Agent Partner's Wallet as a cash balance can be refunded in the event that the Travel Agent Partner decides to shut down the system at any point in the future.

The Travel Agent Partner acknowledges that the services are constrained by the solutions provided by the Company. adivaha reserves the right to approve or reject modifications or customizations to the solution that are not within the Company's scope.

Adhere to terms of use available on the Company Platform or as communicated by the Company from time to time

Use its own infrastructure and equipment(s) for rendering the Services.

Maintain and use appropriate and up-to-date virus protection procedures and software on the equipment used by the Travel Agent Partner.

Be responsible for maintaining security of log-in credentials (including the user name and password) shared by the Company.

Take all precautions to prevent any unauthorised use of the Company Platform and any log-in credentials shared with Travel Agent Partner.

Be responsible for any loss, theft or unauthorized use of its log-in credentials and shall immediately notify the Company upon becoming aware of such loss, theft or unauthorized use.

Establish and maintain reasonable safeguards against the destruction, loss or unauthorized alteration of the Company Platform.

Be responsible for any fraud pursuant to the access granted to Travel AgentPartner

Use the Company Platform solely for making travel reservations; providing travel information to its customers; and any other actions authorized by the Company.

Promote the Platform Services as per the scope specified by Company.

Not use the brand name (includes modifications), logo, tradename or references of Company in any of the marketing activities, except with the prior approval of Company which is to be obtained on case to case basis.

Not modify or alter the listing price of the Platform Services.

Submit the customer queries (including but not limited to any queries pertaining to Booking of the Platform Services) to the Company immediately where Company’s assistance is required to resolution.

Generate reports (including but not limited to Booking reports) upon request of the Company from time to time, in order to verify the performance of the obligations of Travel Agent Partner under this Agreement.

Adhere to all instructions of the Company communicated from time to time.

Provide relevant and accurate data and other assistance as the Company may reasonably require in respect of the Bookings of Platform Services made pursuant to this Agreement.

Conduct itself in a manner which does not impact or may cause an impact on the goodwill of the Company.

Not make any admission of liability on behalf of the Company to any customer for the Platform Services booked by Travel Agent Partner.

Not promise any refund or compensation on behalf of the Company while booking the Platform Services without prior written consent of the Company.

Not use, modify, download, copy, compile, cache, sell, transmit, distribute or otherwise made available anything from the Company Platform except as specifically provided in this Agreement.

Not gather or extraction anything (using automated tools or otherwise) from the Company Platform.

Ensure that any Booking terms specified or communicated by the Company are drawn to attention of each customer before confirming the Booking.

Make the payment of the Bookings to the Company by utilising any payment mechanism on the Company’s Platform (except deposit of cash in Company’s account) as may be authorised by Company from time to time.

Before sharing any customer data with Company, obtain specific authorisation from all customers of Travel Agent Partner, to share the data of the customer with the Service Provider.

It has full legal right, power an authority to carry on its business and to enter into this Agreement and perform all of its obligations, terms and conditions hereunder; and

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

Travel Agent Partner additionally represents that:

It is rendering the Services in compliance with all the applicable laws, regulations and statues including but not limited to the requirements of the applicable tax laws as enumerated

It has full right, title and interest in and to all Intellectual Property Marks ("IPR") which it provides to the Company, for use related to the Services, and that any IPR provided by Travel Agent Partner will not infringe the IPR of any third party.

The customer information collected by the Travel Agent Partner and provided to the Company including the PAN and GSTIN, if applicable, in any form and manner whatsoever, is true, accurate and complete.

The Travel Agent Partner understands and agrees that the Company has invested a lot of resources and efforts over a considerable period of time to create the Company Platform, offer wide range of Platform Services on the Company Platform, convenience of conducting business, and easy-to-use tools for the benefit of the Travel Agent Partner

No fixed or variable commission or remuneration will be payable by the Company to the Travel Agent Partner including but not limited to any expenses incurred by the Travel Agent Partner.

he Travel Agent Partner may charge service fee along with the applicable taxes from the customer outside the Company Platform. The Travel Agent Partner shall be solely responsible for the compliance with the applicable tax laws including its obligations to deposit the necessary taxes with the relevant authorities with respect to the service fee charged from the customer. The Company shall have no visibility with respect the service feecharged by the Travel Agent Partner from the customer and shall, in no case, be liable for compliance with the applicable tax with respect to service fee.

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 laws regarding Goods and Platform Services Tax (GST), central, state or local levies with respect to payment of tax, duties, levies, charges, cess, etc.

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.

Travel Agent Partner undertakes to provide the Company with necessary documents, as may be required under applicable law from time to time, to prove Travel Agent Partner’s compliance with the applicable tax laws. Any interest, penalties or recoveries from the Company by any authority on account of default by Travel Agent Partner will be solely borne by TravelAgent Partner on its own account

Travel Agent Partner shall remit the entire amount paid by the customer pursuant to the Booking made through the Company Platform along with the applicable taxes to the Company though the available payment mode including Wallet.

For the service fee (if any) charged, Travel Agent Partner shall issue a tax invoice on the customers only for the amount of service fee along with applicable taxes and the Company will not have any responsibility to raise an invoice on customer towards such service fee.

The Travel Agent Partner shall also be responsible for the compliance with the applicable tax laws (including its obligations to deposit the necessary taxes with the relevant authorities) in connection with the service fee charged by the Travel Agent Partner from the customer.

The Parties agree that any information (including any written, tangible 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 disclosing Party. The Party receiving such confidential information shall not disclose the same to the public or any third party without taking the prior written approval of the other disclosing Party, except as otherwise permitted in this Agreement.

The obligation of confidentiality contained under this Clause shall not apply to information which:

At the time of the disclosure is or already was in the possession of the other Party as evidenced by written documents; or

At the time of the disclosure was already in the public domain as evidenced by written documents; or

After the disclosure became generally available to the public through no fault of the receiving Party; or

Was subsequently disclosed to the receiving Party by a third party having a lawful right to disclose the information and being under no obligation of confidentiality with regard to the disclosing Party under this Agreement; or

Has been independently developed by the receiving Party without reliance on any information provided by the disclosing Party under this Agreement; or

Is required to be disclosed by the receiving Party to comply with applicable laws or governmental regulations, provided that the receiving Party provides prior written notice of such disclosure to the disclosing Party and takes reasonable and lawful actions to minimize the extent of such disclosure.

Consumer and Business Data: In the event either Party processes business data on behalf of the other Party or obtains personal data from consumers as part of the performance of this Agreement, they shall consider such data as Confidential. The Party receiving such data shall not disclose it to the public or any third party without obtaining the prior written approval of the other Party.

All rights pertaining to trade names, trademarks, service marks, logos, symbols, proprietary marks and any other Intellectual Property Rights in respect of Company Platform as well as any information supplied by the Company shall exclusively vest with the Company.

The Travel Agent Partner shall not acquire any right whatsoever, in the Intellectual Property or proprietary rights of the Company on account of access to the Company Platform.

The Agreement shall commence from the Effective Date or the date of first login on the Company Platform by Travel Agent Partner and shall be valid perpetually (“Term”) unless terminated by either Party by serving 30 (thirty) days’ written notice to the other Party anytime during the Term of this Agreement.

The Company may, at its sole discretion, terminate this Agreement with a shorter or immediate notice:

For material breach (as determined in the Company’s sole discretion) of the terms of this Agreement by Travel Agent Partner; or

For any statutory reasons; or

n case of a breach of the terms of this Agreement by Travel Agent Partner which is non-capable of being cured and in case it is capable of being cured, if Travel Agent Partner fails to cure the breach within such reasonable time as notified by the Company.

The accrued obligations of a Party prior to termination of this Agreement, for any reason whatsoever, shall continue to be binding on that respective Party those are completely discharged. Travel Agent Partner shall continue to provide Services for the Bookings prior to the date of termination.

Indemnification: Each party (the "Indemnifying Party") agrees to indemnify and hold harmless the other party (the "Indemnified Party"), its officers, directors, employees, and agents from and against any claims, damages, liabilities, losses, and expenses (including reasonable attorneys' fees) arising out of or in connection with any third-party claims or actions resulting from:
(a) the Indemnifying Party's breach of any representation, warranty, or obligation under this Agreement;
(b) the Indemnifying Party's negligence or willful misconduct in the performance of its obligations under this Agreement.

Indemnification Procedure: The Indemnified Party shall promptly notify the Indemnifying Party in writing of any claim for which indemnification is sought under this Agreement, and the Indemnifying Party shall have the right to assume the defense of such claim with counsel of its choice. The Indemnified Party shall reasonably cooperate with the Indemnifying Party in the defense of such claim. However, the Indemnified Party may participate in the defense at its own expense.

This Agreement is governed by the laws of India and Parties agree to the exclusive jurisdiction of courts of New Delhi, India.

Travel Agent Partner irrevocably authorizes the Company and its Affiliates to use, share, distribute, adapt, broadcast, change, copy, disclose, license, market, transmitted, any material, details or information provided or submitted by Travel Agent Partner, anywhere in the world, in any medium whatsoever.

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.

Travel Agent Partner shall not assign this Agreement to any third party without the Company’s prior written consent. The Company may assign this Agreement without Travel Agent Partner’s consent.

The Company shall not directly solicit the Travel Agent Partner customer and shall not market the services to those customers however, the customer may, at its sole discretion, book or contact the Company for the services.

Any notices under this Agreement by a Party to the other Party shall be issued to the respective Party’s address mentioned in the details of the Parties.

Modifications to this Agreement shall be done by
(1) means of a separate amendment as an agreement signed by both Parties, or
(2) by way of a mutually accepted email, or
(3) by means of a revised link sent by the Company and acceptance of the same by the Travel Agent Partner, or
(4) by means of a written communication via email or otherwise by the Company and deemed acceptance by means of conduct by the Travel Agent Partner.

Unless as otherwise specified in the Agreement, 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

This Agreement and Annexure(s), if any, constitute 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.

This Agreement shall be signed by the Travel Agent Partner through filling the online form with its details, and agreeing to these terms and agreements with Company as a click wrap agreement. Accordingly, this Agreement is legally valid between the Parties by virtue of their online acceptance.

“Affiliates” includes persons which are Controlled by Company, or under common Control of a person who is controlling Company.

“Booking” means the booking of the Platform Service, through the Company Platform, between the Service Provider and customer

“Booking Voucher” means voucher generated subsequent to the confirming of the Booking which gives the break-up of the listing price of the Platform Services, any applicable taxes along with the details of the customer and the name of the Travel Agent partner

“Company Group” means any entity which is controlled by, or controls, or under common control as the Company.

“Company Platform” means any present or future booking or information platforms (like websites, mobile applications, m-sites, processes and sales channels) owned or operated by any entity forming part of the Company Group. Company Platforms include the www.mypartner.adivaha.com,www.adivaha.com and their respective mobile applications.

“Control” means ability to, directly or indirectly, direct or cause the direction of the management or policies of a person, whether through the ownership of voting securities, by contract or otherwise.

"Intellectual Property Right" means any patent, copyright, inventions, database rights, design right, registered design, trade mark, trade name, brand, logos, service mark, know-how, utility model, unregistered design or, where relevant, any application for any such right, know-how, trade or business name, domain name or other similar right or obligation whether registered or unregistered or other industrial or intellectual property right subsisting in any territory or jurisdiction in the world.

“Platform Services” means services made available by Service Provider(s) on the Company Platform.

“Service Provider” means a third party who is making available Platform Services on the Company Platform, directly or indirectly, and is ultimately providing Platform Services or is responsible for Platform Services.

“Wallet” means real prepaid stored value account of Travel Agent Partner maintained with the Company.

In additions to the above table, under the Master Direction – Liberalized Remittance Scheme (LRS) Issued by Reserve Bank of India, expenses on travel outside India are covered under LRS and Travel Agent Partner shall be obligated to collect PAN of the customer compulsorily for Bookings pertaining to travel outside India.

adivaha® Solutions will be viewable by the most recent versions of Firefox, Chrome, and Microsoft Internet Explorer. Although presentation may not identical among browsers, critical elements of each page will be displayed. Client acknowledges that some advanced techniques (e.g., HTML5 and video) may require a more recent browser version, different brand, or additional browser plug-in. Client is also aware that as new browser versions are developed, the new browser versions may not be backward compatible. In the absence of a Maintenance Agreement time spent to redesign a site for compatibility due to the introduction of a new browser version will be separately negotiated and in addition to the base price of our agreement.

The images used in the demo are for dummy usage only and Website owner is advised to upload their own images to avoid any illegal issues.

If the Client proceeds with going LIVE, the Client is encouraged to obtain a secure certificate for on-line transactions. The Client understands that if they do not obtain their own secure certificate, design capabilities on the application itself may be limited.

Maintenance Agreements are negotiated on a individual basis, as each client has differing needs. Developer offers a maintenance agreement in which the customer pays on an "as needed" hourly basis.

Client agrees to reimburse the Developer for Client-requested expenses. Examples include:
1.Special font request
2.Unique photograph request
3.Every Single Clone Setup (As API Maintenance Charges)
4.Client-specific software request

Client represents to the Developer and unconditionally guarantees that any elements of text, graphics, photos, or other artwork furnished to the Developer for inclusion in the Client’s web site are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend (indemnify) the Developer and its subcontractors from any claim or suit arising from the use of such elements furnished by the Client.

Client agrees that any material submitted for publication will not contain anything leading to an abusive or unethical use of the Web Hosting Service, the Host Server or the Developer. Abusive and unethical materials and uses include, but are not limited to, pornography, obscenity, nudity, violations of privacy, computer viruses, harassment, any illegal activity, advocacy of an illegal activity, and copyright / patent / trademark infringement. Client hereby agrees to indemnify and hold harmless the Developer from any claim resulting from the Client’s publication of material or use of those materials.

It is also understood that the Developer will not publish information, which may be used by another party to harm another. The Developer will also not develop a pornography or otherwise unethical web site for the Client. The Developer reserves the right to determine what is and is not unethical content.

Client agrees that the adivaha® may use their website as a reference in their portfolio and may showcase the project in their Feedback section with client’s feedback.