TERMS AND CONDITIONS
1. INTRODUCTION AND OWNERSHIP
This web site (the “Site”) is published and maintained by Resbird Technologies Private Limited (“Resbird”) a company incorporated and existing in accordance with the laws of the Republic of India. The copyright in the contents of this website belong to Resbird Technologies Private Limited.
This Web-based Application (Agency Management System, hereinafter referred to as “AMS”) is licensed to Resbird Technologies Private Limited by the AMS.
Resbird Technologies Private Limited and the AMS collectively referred to as “us, we, our”.
Resbird Technologies Private Limited provides AMS integrated with its partners secured and automated platform for visa application filings that allow you to be apply for visas in various countries and make purchases and other future products and services (collectively, the foregoing described products, services and technology, the platform).
When you access, browse or use this Site and or AMS 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 Resbird, 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 Resbird and you with respect to your use of this Site and AMS.
2. DESCRIPTION OF THE WEB BASED APPLICATION – AGENCY MANAGEMENT SYSTEM (AMS) HEREINAFTER REFERRED TO AS WEB APPLICATION
The Web Application is a powerful, cloud-based platform built to streamline how travel agencies interact and manage their operations. From onboarding and deposits to applying for eVisa and tracking applications in real-time and other products referred herein as the “Service(s).” To use the “Service(s).”, you must contract and register with “us” and have internet and google authentication app.
Web Application.
These terms of use govern your use of the Web Application and the Service only. The Web Application and Service are provided by ‘’us” and is available to only to contracted customers of “us” who contract and register with “us” and use a device owned or controlled by them, for access to and use of the Services through the Web Application. The Service is dependent on the availability of cellular service and Internet connectivity that you must obtain.
In order to register for the Services, you will be asked to provide list of applicable data as per Personal information of our Privacy Policy located at [insert link] (the “Privacy Policy”). The Web Application will correlate your mobile device number and email address to your account.
3. LICENSE AND OWNERSHIP.
Subject to the terms and conditions set forth herein, upon registering with “us” till termination (as described below), “we” grant you a personal, non-exclusive, non-transferable, revocable, limited license to install and use a compiled code copy of the Web Application for one account on a device owned or leased solely by you, for your personal use (and not for any service bureau, rental or other customer-facing purpose) in connection with the Services by registering such device with us. In the event you change or deactivate your mobile telephone number, email address, you agree to promptly update your account information to ensure that your messages are not sent to the person that acquires your old number, email address. You acknowledge that “we” may from time-to-time issue upgraded versions of the Web Application and may automatically electronically upgrade the version of the Web Application that you are using on your device. You consent to such automatic upgrading on your device and agree to timely upgrade the Web Application in the event there is no automatic update. You further agree that these Terms of Use will apply to all upgrades to the Web Application. The foregoing license grant is not a sale of the Web Application or any copy thereof, and “we” retains all right, title, and interest in the Web Application (and any copy thereof), including all related intellectual property rights. Any attempt by you to transfer any of the rights, duties, or obligations hereunder, except as expressly provided for in these Terms of Use, is void. ‘We” reserve all rights not expressly granted under these Terms of Use with respect to the Web Application and otherwise.
You may not (i) rent, lease, lend, sell, redistribute or sublicense the Web Application or the Services, or any component thereof, (ii) copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Web Application any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law), (ii) use any components of any Web Application separate and apart from the Web Application, (iv) use any Web Application to provide public or other services like SaaS, cloud services, or business process outsourcing, or (v) copy, sell, or distribute any documentation provided with or relating to the Web Application. These terms of use will govern any upgrades provided by “us” that replace and/or supplement the original Web Application, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
Except for Your Content (as defined below), all content on the Web Application (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, the look and feel, as well as the selection and arrangement thereof, trademarks, logos and service marks) are the exclusive property of and owned by the AMS and is subject to protection under patent, copyright, trademark and other applicable laws. The Web Application and all of its content (except Your Content), including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, is protected as a compilation under the copyright laws of India.
Unless indicated to the contrary, you may not access, copy, download or print the materials contained on the Web Application for any reason, and you may not modify or delete any copyright, trademark or other proprietary notice that appears on the materials you access, copy, download or print. Any other use of content on the Web Application, including but not limited to (1) the modification, distribution, transmission, performance, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any materials, information, software, products or services obtained from the Web Application, or (2) use of such items for purposes competitive to “us” for any commercial purposes or otherwise in connection with offering any third party products or services not authorized or approved by “us”, is expressly prohibited. You agree to abide by all additional restrictions displayed on the Web Application as they may be updated from time to time. Web Application reserves the right to refuse or cancel any person’s registration for the Services, if any, remove any person from the Web Application and prohibit any person from using the Web Application or any Service for any reason whatsoever. AMS retains full and complete title to the Web Application (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof), and all associated intellectual property rights. “We” neither warrant nor represents that your use of the Web Application will not infringe rights of third parties not affiliated with “us”.
You or third parties acting on your behalf are not allowed to utilize any Web Application content in any meta tags or any other “hidden text” techniques or technologies without our express written consent. You will not scrape any data or other content from the Web Application and will not otherwise engage in any data mining, robots or similar data gathering or extraction methods. If you are blocked by “us” from accessing the Web Application (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address).
You may not use our contact information provided on the Web Application for unauthorized purposes, including marketing. You may not use any hardware or software intended to damage or interfere with the proper working of the Web Application or to surreptitiously intercept any system, data or personal information from the Web Application. You agree not to interrupt or attempt to interrupt the operation of the Web Application in any way. We reserve the right, in its sole discretion, to limit or terminate your access to or use of the Web Application at any time without notice. Termination of your access or use will not waive or affect any other right or relief to which we may be entitled, at law or in equity.
4. PRIVACY AND CONFIDENTIALITY.
All personally identifiable information we collect through or in connection with the Sites and Web Application is subject to our Privacy Policy located at [insert link] (the “Privacy Policy”). By submitting, uploading, publishing, displaying or otherwise providing Your Content to us through the Web Application, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
5. YOUR CONTENT.
You acknowledge that you are responsible for any content, biometrics, personal or other information, data, photos, videos, audio or video recordings, graphics, messages or other materials that may be submitted or uploaded via the Web Application on your registered device (“Your Content”), including the legality, reliability, appropriateness, and validity of any such materials. You may not upload to the Web Application, or otherwise use, any of Your Content that: (1) is false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity; rights, infringing on intellectual property rights, abusive, illegal, promotes illegal activity or unlawful violence, sexually explicit, indecently depicts a minor, or otherwise objectionable or discriminatory based on race, gender, color, religious belief, sexual orientation or disability; (2) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (3) may contain software viruses, malware, political campaigning, chain letters, mass mailings, or any form of “spam.” You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any of Your Content. You may not generate transactions that are intended not to complete or attempt to spoof any part of the Web Application. You may not upload commercial content onto the Web Application.
You represent and warrant that you own or otherwise control all the rights to Your Content; that Your Content is accurate; that use of Your Content by us does not violate any provision herein and will not cause injury to any person or entity.
Unless we indicate otherwise, you hereby grant us an unrestricted, nonexclusive, royalty-free, fully paid up, irrevocable and [sublicensable and transferable] right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display Your Content in connection with (a) making available the Web Application and the Services to you, and performing the Services, (b) Our internal business purposes and (b) creating, disclosing and otherwise using for any purposes aggregated and/or anonymized data.
Registration and sign-in is required to access the features and Services on the Web Application. By registering at, and in consideration of your use of, the Web Application you agree to provide true, accurate, current and complete information about yourself and the visa applicants and other products and services on behalf of whom you submit any information. If you are under 18 years of age, you are not authorized to use the Web Application, with or without registering.
6. TERMINATION.
The Service, and your license to use the Web Application, is effective until terminated by us at any time or by [you by de-registering the device through the Web Application]. [These Terms of Use, and your obligations and restrictions hereunder, will continue to apply after termination to the extent that you retain the Web Application on your device or attempt to use the Service, however, we will be under no obligation to provide you any Services or access to the Web Application.] Your rights under these Terms of Use will terminate automatically without notice from us if you fail to comply with any term(s) of these Terms of Use. Upon termination, you shall cease all use of the Web Application and Service.
We reserve the right to change, suspend, remove, or disable access to any Service at any time without notice. In no event will we be liable for the removal of the Web Application.
7. CELLULAR COMMUNICATIONS AND INTERNET ACCESS.
Use of the Web Application, Services requires an internet connection and may result in charges from your cellular service provider. We are not responsible for any such charges. YOU ARE RESPONSIBLE TO OBTAIN CELLULAR AND INTERNET SERVICE NECESSARY TO USE THE Web Application AND SERVICE. We do NOT WARRANT OR GUARANTEE THAT COMMUNICATION FUNCTIONALITY WILL BE AVAILABLE AT ANY PARTICULAR TIME OR PLACE. WE ARE NOT RESPONSIBLE FOR ANY ACTS OR OMISSIONS OF YOUR CELLULAR COMMUNICATION OR INTERNET SERVICE PROVIDERS, OR UNAVAILABILITY OR ERRORS ASSOCIATED WITH THEIR SYSTEMS OR SERVICES.
8. THIRD PARTY CONTENT.
[The Service may display, include or make available content, data, information, applications or materials from third parties (“Third Party Content”), for example, [●]. We are not responsible for the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, route practicability or efficiency or any other aspect of such Third-Party Content. Any Third-Party Content contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright and trademark laws. You may not will not use such proprietary content, information or materials in any way whatsoever except to use of the Web Application and Services for their intended purposes.]
9. LINKS.
[The Service may contain links to third party services (“Third Party Services”). We do not have any liability or responsibility to you or any other person for Third Party Services. We have no responsibility or control over the terms of use or privacy practices of Third-Party Services. You are advised to read the terms of use and privacy notice of any third-party services, products, applications or websites to which you connect when using the Web Application]
10. DISCLAIMERS; NO WARRANTY
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE Web Application AND SERVICE IS PROVIDED WITHOUT WARRANTY OF ANY KIND, AND THAT YOU ARE SOLELY RESPONSIBLE FOR THE RISK THAT THE Web Application MAY NOT FUNCTION WITH SATISFACTORY QUALITY, PERFORMANCE, OR ACCURACY. THE WEB APPLICATION AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND WE, AND ITS LICENSEOR AND SUPPLIERS, PARTNERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE WEB APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. We DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEB APPLICATION, OR PROVIDED BY THE SERVICE, WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE WEB APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE Web Application OR SERVICES WILL BE CORRECTED OR THAT THE WEB APPLICATION WILL BE COMPATIBLE WITH YOUR DEVICE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR
FURTHERMORE, USING OUR SERVICE DOES NOT GUARANTEE A VISA OR OTHER PRODUCT OR SERVICE. WE DO NOT WARRANT THE ACCURACY OF YOUR CONTENT, OR THE VALIDITY, SUFFICIENCY OR COMPLETENESS OF YOUR VISA APPLICATION FOR THE PURPOSE OF OBTAINING A VISA. YOU ARE SOLELY RESPONSIBLE FOR YOUR CONTENT AND VISA APPLICATIONS SUBMITTED BY YOU.
11. INDEMNIFICATION AND RELEASE.
You agree to indemnify and hold us harmless, its affiliates, and their respective employees, owners, directors, officers, contractors, successors, customers, suppliers, partners and licensor (Our Group”) on demand, from and against any and all fines, penalties, liabilities, losses and other damages of any kind whatsoever (including attorneys’ and experts’ fees), incurred by any of the members of the our Group, and shall defend our Group against (1) all claims that any information, data or other materials provided to us by you, or use thereof by any member of our Group, infringes, misappropriates or otherwise violates any intellectual property right of a third party; (2) all claims arising from fraud committed by, or the intentional misconduct or gross negligence of yourself or any family members; and (3) all claims otherwise arising due to a failure to comply or breach by you of these Terms of Use. If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
12. LIMITATION OF LIABILITY.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL OUR GROUP BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE WEB APPLICATION OR SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. foregoing limitations will apply even if the above stated remedy fails of its essential purpose and during, post termination of our contract.
13. EXPORT
You may not use or otherwise export or re-export the Web Application or its data except as authorized by the laws of the jurisdiction in which the Web Application was obtained.
Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Web Application and Services, including as it concerns online conduct, privacy and acceptable content.
14. OUR RIGHTS
If you send any communications or materials to the Site or Web Application by electronic mail or otherwise, including any comments, data, questions, suggestions or the like, all such communications are, and will be treated by us 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 we use such material. Any material submitted to this us may be adapted, broadcast, changed, copied, disclosed, licensed, performed, posted, published, sold, transmitted or used by us anywhere in the world, in any medium, forever.
15. GENERAL
You may not assign these Terms of Use through operation of law or otherwise. These Terms of Use will be governed by jurisdiction of New Delhi and the laws of India. The failure of Us to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the validity of such terms in other jurisdictions shall not be affected and the provisions of these Terms of Use shall remain in full force and effect in other jurisdictions. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based on or relating to use of this Web Application to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
We reserve exclusive right in its sole discretion to alter, limit or discontinue the Site, Web Application, Product, Service or any material posted herein, in any respect. We shall have no obligation to take the needs of any User into consideration in connection therewith.
We reserve the right to deny in its sole discretion any user access to this Site, Web Application or any portion hereof without notice.
No waiver by Resbird Technologies Private Limited 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 us 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.
16. DISCLAIMER
The material in this Site and the Web Application could include technical inaccuracies or typographical errors. We 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. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties of merchantability and fitness for a particular We do not warrant that the functions contained in this site and the web application will be uninterrupted or error free, that defects will be corrected, or that this site, the web application or the servers that make it available are free of viruses or other harmful components, but shall endeavour to ensure your fullest satisfaction
We do 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 partners, other service providers. 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 Site and the Web Application. We do 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 and the Web Application. You also acknowledge that through this Site and the Web Application, we merely provide intermediary services in order to facilitate highest quality services to you. We are not the last-mile service provider to you and therefore, we shall not be or deemed to be responsible for any lack or deficiency of services provided by any person service providers & aggregators , third party, facility or similar agency).
We 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.
