Terms & Conditions
This agreement ("user agreement") incorporates the terms & conditions for CLAYPLAY, a website owned and operated by NowGo Travel Pvt. Ltd. to provide services to the person (s) ("the User") intending to purchase or inquiring for any products and/ or services of CLAYPLAY by using CLAYPLAY's websites or using any other customer interface channels of CLAYPLAY which includes its sales persons, offices, call centers, advertisements, information campaigns etc.
Both User and CLAYPLAY are individually referred as 'party' to the agreement and collective referred to as 'parties'.
Third Party Account Information
By using the Account Access service in CLAYPLAY's websites, the User authorizes CLAYPLAY 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 CLAYPLAY immediately in writing of any unauthorized use of their password or account or any other breach of security. CLAYPLAY 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.
CLAYPLAY reserves the right to charge listing fees for certain listings, as well as transaction fees based on certain completed transactions using the services. CLAYPLAY further reserves the right to alter any and all fees from time to time, without notice.
The User shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of the services.
In case, there is a short charging by CLAYPLAY for listing, services or transaction fee or any other fee or service because of any technical or other reason, it reserves the right to deduct/charge/claim the balance subsequent to the transaction at its own discretion.
Any increase in the price charged by Company on account of change in rate of taxes or imposition of new taxes by Government shall have to be borne by customer.
In the rare possibilities of the reservation not getting confirmed for any reason whatsoever, we will process the refund and intimate you of the same. CLAYPLAY is not under any obligation to make another booking in lieu of or to compensate/ replace the unconfirmed one. All subsequent further bookings will be treated as new transactions with no reference to the earlier unconfirmed reservation.
The User shall request CLAYPLAY for any refunds against the unutilized or 'no show' air or hotel booking or transfers or sightseeing for any reasons within 60 days from the date of departure for the air ticket and/or the date of check in for the hotel booking. Any applicable refunds would accordingly be processed as per the defined policies of Airlines, hotels and CLAYPLAY as the case may be. No refund would be payable for any requests made after the expiry of 60 days as above and all unclaimed amounts for such unutilized or no show air or hotel booking shall be deemed to have been forfeited.
Any charges payable towards a cancellation or a change of date or for any such reason will be computed as per CLAYPLAY and not the direct supplier such as the hotel or airline. If there is any delay in payment by the consumer, CLAYPLAY reserves the right to cancel the booking and retain any payment already made as a cancellation charge.
Use of the Website
CLAYPLAY is responsible only for the transactions that are done by the User through CLAYPLAY. CLAYPLAY will not be responsible for screening, censoring or otherwise controlling transactions, including whether the transaction is legal and valid as per the laws of the land of the User.
The User warrants that they will abide by all such additional procedures and guidelines, as modified from time to time, in connection with the use of the services. The User further warrants that they will comply with all applicable laws and regulations regarding use of the services with respect to the jurisdiction concerned for each transaction.
The User represent and confirm that the User is of legal age to enter into a binding contract and is not a person barred from availing the Services under the laws of India or other applicable law.
If a user chooses to make two separate bookings, it is their responsibility to check that it is possible to utilize both of them, and CLAYPLAY will assume no liability in the case of any complication.
This Party Link on the Website
CLAYPLAY is not responsible for any errors, omissions or representations on any of its pages or on any links or on any of the linked website pages. CLAYPLAY does not endorse any advertiser on its web pages in any manner. The Users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
The linked sites are not under the control of CLAYPLAY and CLAYPLAY is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. CLAYPLAY is providing these links to the Users only as a convenience and the inclusion of any link does not imply endorsement of the site by CLAYPLAY.
Limitation of Liability
The user agrees that there can be exceptional circumstances where the service operators like the airlines, hotels, the respective transportation providers or concerns may be unable to honor the confirmed bookings due to various reasons like climatic conditions, labor unrest, insolvency, business exigencies, government decisions, operational and technical issues, route and flight cancellations etc. If CLAYPLAY is informed in advance of such situations where dishonor of bookings may happen, it will make its best efforts to provide similar alternative to its customers or refund the booking amount after reasonable service charges, if supported and refunded by that respective service operators. The user agrees that CLAYPLAY being an agent for facilitating the booking services shall not be responsible for any such circumstances and the customers have to contact that service provider directly for any further resolutions and refunds.
The User agrees that in situations due to any technical or other failure in CLAYPLAY, services committed earlier may not be provided or may involve substantial modification. In such cases, CLAYPLAY shall refund the entire amount received from the customer for availing such services minus the applicable cancellation, refund or other charges, which shall completely discharge any and all liabilities of CLAYPLAY against such non-provision of services or deficiencies. Additional liabilities, if any, shall be borne by the User.
CLAYPLAY shall not be liable for delays or inabilities in performance or non- performance in whole or in part of its obligations due to any causes that are not due to its acts or omissions and are beyond its reasonable control, such as acts of God, fire, strikes, embargo, acts of government, acts of terrorism or other similar causes, problems at airlines, rails, buses, hotels or transporters end. In such event, the user affected will be promptly given notice as the situation permits.
Without prejudice to whatever is stated above, the maximum liability on part of CLAYPLAY arising under any circumstances, in respect of any services offered on the site, shall be limited to the refund of total amount received from the customer for availing the services less any cancellation, refund or others charges, as may be applicable. In no case the liability shall include any loss, damage or additional expense whatsoever beyond the amount charged by CLAYPLAY for its services.
In no event shall CLAYPLAY and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the CLAYPLAY website(s) or any other channel . Neither shall CLAYPLAY be responsible for the delay or inability to use the CLAYPLAY websites or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the CLAYPLAY website(s), or otherwise arising out of the use of the CLAYPLAY website(s), whether based on contract, tort, negligence, strict liability or otherwise. The travel bookings done by CLAYPLAY are subject to the applicable requirements of necessary legal documentation relevant for travel (Visa, passport etc,), which are to be obtained by the individual traveller. CLAYPLAY is not responsible for any issues, including inability to travel, arising out of such requirements and is also not liable to refund for the untraveled bookings due to any such reason.
CLAYPLAY is not liable for any complication in the Visa process due to any procedural delays or otherwise, which result in the customer not being able to travel. CLAYPLAY is merely a facilitator in the Visa process, and holds no liability for the same.
CLAYPLAY is not responsible for any errors, omissions or representations on any of its pages or on any links or on any of the linked website pages.
The User understands and agrees that any material and/or data downloaded or otherwise obtained through the use of the Service is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.
Unless explicitly provided by CLAYPLAY in any specific service or deliverable, obtaining sufficient insurance coverage is the obligation/option of the user and CLAYPLAY doesn't accept any claims arising out of such scenarios.
Insurance, if any provided as a part of the service/ product by CLAYPLAY shall be as per the terms & conditions of the insuring company, which is TATA AIG in our case. The User shall contact the insurance company directly for any claims or disputes and CLAYPLAY shall not provide any express or implied undertakings for acceptance of the claims by the insurance company.
Feedback and Other Communication
All right, title and interest in the information obtained, submitted or appearing on the website of CLAYPLAY are and will remain the exclusive property of NowGo Travel Pvt. Ltd.. NowGo Travel Pvt. Ltd. retains all intellectual property rights in the data provided by users to CLAYPLAY.
Through your use of the website you consent to the collection and use of any information that you or other users provide to CLAYPLAY. We may share or disclose your information at your direction, such as when you authorize a third-party web client or application to access your account. We may share your private personal information with service providers on the condition that the third parties use your private personal data only on our behalf and pursuant to our instructions.
The User agrees to indemnify, defend and hold harmless CLAYPLAY and/or its affiliates, their websites and their respective lawful successors and assigns from and against any and all losses, liabilities, claims, damages, costs and expenses (including reasonable legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by CLAYPLAY and/or its affiliates, partner websites and their respective lawful successors and assigns that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by the User pursuant to this agreement. The user shall be solely and exclusively liable for any breach of any country specific rules and regulations or general code of conduct and CLAYPLAY cannot be held responsible for the same.
Account Termination and Right to Refuse/Cancel
CLAYPLAY at its sole discretion reserves the right to not to accept any customer order without assigning any reason thereof. Any contract to provide any service by CLAYPLAY is not complete until full money towards the service is received from the customer and accepted by CLAYPLAY.Without prejudice to the other remedies available to CLAYPLAY under this agreement, the TOS or under applicable law, CLAYPLAY may limit the user's activity, or end the user's listing, warn other users of the user's actions, immediately temporarily/indefinitely suspend or terminate the user's registration, and/or refuse to provide the user with access to the website if:
Without prejudice to the other remedies available to CLAYPLAY under this agreement, the TOS or under applicable law, CLAYPLAY may limit the user's activity, or end the user's listing, warn other users of the user's actions, immediately temporarily/indefinitely suspend or terminate the user's registration, and/or refuse to provide the user with access to the website if:
- The user is in breach of this agreement, the TOS and/or the documents it incorporates by reference;
- CLAYPLAY is unable to verify or authenticate any information provided by the user; or
- CLAYPLAY believes that the user's actions may infringe on any third party rights or breach any applicable law or otherwise result in any liability for the user, other users of the website and/or CLAYPLAY.
CLAYPLAY may at any time in its sole discretion reinstate suspended users. Once the user have been indefinitely suspended the user shall not register or attempt to register with CLAYPLAY or use the website in any manner whatsoever until such time that the user is reinstated by CLAYPLAY.
Notwithstanding the foregoing, if the user breaches this agreement, the TOS or the documents it incorporates by reference, CLAYPLAY reserves the right to recover any amounts due and owing by the user to CLAYPLAY and/or the service provider and to take strict legal action as CLAYPLAY deems necessary.
The User expressly undertakes to provide to CLAYPLAY 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 CLAYPLAY.
In case CLAYPLAY 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, CLAYPLAY 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, CLAYPLAY 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 CLAYPLAY of any such claim or liability and shall not hold CLAYPLAY responsible for any loss or damage arising out of measures taken by CLAYPLAY for safeguarding its own interest and that of its genuine customers. This would also include CLAYPLAY denying/cancelling any bookings on account of suspected fraud transactions.
None of the provisions of any agreement, terms & conditions, notices, or the right to use this website by the User contained herein or any other section or pages of CLAYPLAY Websites or its partner websites, shall be deemed to constitute a partnership between the User and CLAYPLAY and no party shall have any authority to bind or shall be deemed to be the agent of the other in any way.
CLAYPLAY reserves the right to change the terms, conditions, and notices under which the CLAYPLAY websites are offered, including but not limited to the charges. The User is responsible for regularly reviewing these terms & conditions.
CLAYPLAY hereby expressly disclaims any implied warranties imputed by the laws of any jurisdiction or country other than those where it is operating its offices. CLAYPLAY considers itself and intends to be subject to the jurisdiction only of the courts of NCR of Delhi, India.
Responsibility of the User
The User expressly agrees that use of the services is at their sole risk. To the extent CLAYPLAY acts only as a booking agent on behalf of third party service providers, it shall not have any liability whatsoever for any aspect of the standards of services provided by the service providers. In no circumstances shall CLAYPLAY be liable for the services provided by the service provider. The services are provided on an "as is" and "as available" basis. CLAYPLAY may change the features or functionality of the services at any time, in their sole discretion, without notice. CLAYPLAY expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. No advice or information, whether oral or written, which the User obtains from CLAYPLAY or through the services shall create any warranty not expressly made herein or in the terms & conditions of the services. If the User does not agree with any of the terms above, they are advised not to read the material on any of the CLAYPLAY pages or otherwise use any of the contents, pages, information or any other material provided by CLAYPLAY. The sole and exclusive remedy of the User in case of disagreement, in whole or in part, of the user agreement, is to discontinue using the services after notifying CLAYPLAY in writing.
Refund & Cancellation Policy
Cancellation and Refund rules is based on the rules of the respective Airlines, Hotel or Supplier. Please read the cancellation policy pertaining to the element Flight, Hotel bought mentioned on the voucher. ClayPlay Service charge on all invoices and payments collected is non-refundable.
All Refunds will be processed within 10 working days of receiving the same from the Airlines, Hotel or Supplier. Details for the refund amount and timeline for refund from Airlines, Hotel or Supplier will be shared with the customer at the time of Cancellation.
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