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Associate Agreement



We welcome all travel and travel-related businesses on JourneyMart.com You will be deemed a JourneyMart Associate once you have completed registration and payment procedures and accepted the terms of this Agreement.

Any services provided by and on JourneyMart are subject to legal contracts including the User Terms and Conditions (henceforth TAC )as well. As an Associate you are also bound by such agreements which you agree to and accept. There may be additional terms for particular features provided. Please click on the link  other terms ( Privacy Policy , Disclaimer , Security ) to review these. In case of any inconsistencies in any contract, clarification will be provided by us, which shall prevail as the true interpretation of the spirit of the contract.

On JourneyMart, the user can find valuable traveler information, search for and find travel and travel related products and services as displayed on the site and book and buy. JourneyMart is not the end travel product/ travel service provider and hence is not directly responsible for providing the travel products and services being offered on the portal. Our aim is to make the search easy and accurate.

JourneyMart will provide the user with details as provided by the Associate at the time of registration and on a continuous and updated basis as per category and geographical location selected. As a JourneyMart Associate, the accuracy, validity and delivery of your products / services is your responsibility and needs to be checked by you. JourneyMart disclaims all responsibility/ liability for the same.

Description:
JourneyMart.com is an internet platform for global travel and travel - related businesses. JourneyMart.com displays and sells travel products and services provided by end travel providers.

Definitions :

  

JourneyMart:

Or, JourneyMart.com ,the portal/site you are on. It is a separate division of Interzign Solutions Pvt. Ltd.

Interzign Solutions Pvt. Ltd.:

The parent company of JourneyMart

Legal Entity:

A company / firm / individual/ person

Product / Service:

A travel related product or service developed and sold by legal entities in the travel business and includes all travel and travel-related services rendered / to be rendered by a Associate. Eg. Airline tickets, hotel rooms, tour packages, cruises, cars etc.

User:

Any person who accesses the website for any purpose including but not limited to transactions/ information / browsing.

 

Associate:

Any legal entity who registers on JourneyMart.com to display company details, travel or travel - related products or services for the purpose of information / transaction.

Annual Registeration Fee

The one time registration fee charged for one year and payable as per a schedule to be determined by JourneyMart from time to time, for registering on JourneyMart.com, and being listed in the JourneyMart Search Database.

Commission

The percentage commission agreed upon and payable by the Associate to JourneyMart.com for selling the Associate's product / services to users/ travelers

 

Promotional Pricing

Any special pricing introduced at the discretion of JourneyMart.com from time to time and bound by the rules and period of validity specified.

Force Majeure Event:

It means, in relation to any Party, any act, event or circumstance, the cause of which is not of such Party's making nor within that Party's reasonable control, including (to the extent not of that Party's making nor within that Party's reasonable control) Act of God, war, hostilities (whether or not war has been declared) terrorist acts, acts of any civil or military authority, government or regulatory direction or restriction, suspension or withdrawal of licenses or consents, riot, insurrection, civil commotion, public demonstration, sabotage, acts of vandalism, fire, flood, earthquake, extreme weather conditions, epidemic, explosion, the order of any court or governmental or regulatory authority, disruption in transportation or communication, breakage of or accidental damage to equipment, any strike, lock-out, or other industrial trade dispute (not involving solely the employees of that Party), structural shift or subsidence, provided always that lack of funds shall not be interpreted as a cause which is not a Party's making nor within a party's reasonable control.

Transaction:

Booking and/or buying a product Associate whether on-line or off-line.

 

Nett rates

Special and competitive Internet rates provided by the Associate specially for transactions on JourneyMart.com where JourneyMart.com can add an appropriate mark-up.

Company Listing

A registration option provided by JourneyMart to any legal entity in order to appear in the JourneyMart User search as per criteria enabled. A listed Associate will appear in the search.

TERMS AND CONDITIONS OF LICENSE.

 

  

1.

The use of JourneyMart.com, and availing its services is subject to the terms and conditions as stated hereinafter, and any operating rules and policies, which may be changed/modified at the option of JourneyMart.

Notices of changes/ modifications will be given pursuant to clause 8 below .

You are advised to review the Terms and Conditions of this contract before you register as an Associate and use/access/avail the services provided by this portal. Your continued use of the service will be deemed to be your acceptance of any changes or modifications made. A hard copy of this contract is available at our office and can be dispatched to you upon your placing an order at contracts@journeymart.com

You will be deemed to have read, understood and accepted such terms and conditions by clicking I ACCEPT.

2.

Information

All Associates on accepting the terms and conditions bind themselves to provide true, accurate and complete information as required at the time of Registration and/or when conducting any transaction.

Further the Associates must keep such information updated by clicking on Edit Profile in the backoffice.

 

3.

Warranties, Obligations, Responsibilities

  1. The Associate must have the legal capacity to enter into this agreement.
  2. The Associate shall provide all details of valid products and services as required by JourneyMart throughout the period of the contract.
  3. Any products or services provided by the Associate shall not be in violation of any laws, regulations in force in the Associate's home country or in breach of any third party rights.
  4. The Associate assures and represents that the products and services shall be of the highest quality and all representations and information given about the products and services is true, correct with full disclosures, current and complete.
  5. The Associate shall respond within 24 hours (if not earlier) following the day and time it receives any query. This is deemed necessary and relevant by Journeymart to maintain the portal's quality standards.
  6. The Associate is entirely and solely responsible for its product and services. No liability shall attach to JourneyMart for any cause and/or action that is related to and/or arising from the product, service and / or the Associate. .
  7. The Associate shall minimize possible causes of action and its liabilities by taking appropriate insurance and warranty covers for its products / services.
  8. Any advertisements, where applicable, shall subscribe to the Advertising terms & conditions.

4.

Consideration

  1. The Associate shall pay to JourneyMart a one-time Registration Fee at the time of first registering as an Associate with JourneyMart.
  2. In addition the Associate shall pay commissions against transactions as per the agreed schedule.
  3. The Associate shall be held legally responsible for any failure/irregular/delayed payment or non fulfillment of the terms of payment as per the said schedule
  4. JourneyMart shall also be entitled to revoke this agreement and discontinue to sell the product / services of the Associate at its sole discretion
  5. In exceptional circumstances journeymart may condone any delay or default to the payment of interest at the rate of 24% per annum.
  6. All fees are subject to change at the discretion of JourneyMart and the Associate shall be notified immediately.
  7. The change shall only be prospective and thus effective from the date of notification.
  8. Any fees paid under this contract excludes consideration for other ancillary services, such as online brand advertising, provided by JourneyMart which are subject to different terms and conditions.
  9. Upon termination of this contract, at any time, the Associate shall not have the right to demand a refund of all or any portion of the annual fee that may have been charged for the remainder of the tenure of this contract at the time of termination.

5.

Terms of Payment

  1. The Associate shall pay JourneyMart by credit card or any other mode of payment as specified at the time of registration.
  2. The Associate is bound to initially subscribe for a minimum period of one year.

6.

Term of the Contract

The Associate is bound to subscribe for a minimum period of one year ( 12 months) from the date of registration. Thereafter it shall be at the sole discretion of either party to refuse renewal without any cause or stating any reasons. However either party shall give a notice of 30 days of its intention to renew or discontinue the agreement. This clause is subject to the right of JourneyMart under clause 8 i.e. 'Termination' of this agreement.

7.

Intellectual Property
Proprietary Rights of JourneyMart and Restrictions on Use
Subject matter - Information not in the public domain; software made available to use and/ or download; any name, symbol, device, phrase, sound, colour used as a distinguishing Mark to identify goods and/or services; any photograph, design, video clips, writings, illustrations, music, sound, found on the website.

JourneyMart.com is the owner of all "subject matter" that are on the website in which intellectual property rights subsists. The portal and its logo are trademarks of Interzign Solutions Pvt. Ltd.

  1. Your use of the subject matter is restricted. You may not copy, reproduce, distribute, republish, down load, display or post (electronically or otherwise), transmit, record, reproduce without the prior written consent of the owner.
  2. JourneyMart shall own all Universal intellectual property attached to the design, contents, images, illustrations etc. (collectively material) of and on JourneyMart. The Associate shall not display all or a portion of such material for any purposes without prior written consent of JourneyMart. Any breach of this term shall give JourneyMart the right to terminate this agreement.
  3. The Associate agrees that JourneyMart will acquire a universal, non-exclusive license during the term of this agreement to use/reproduce/ display all material and contents used by the Associate to display, promote and sell its products / services.

8.

Termination:
Upon non compliance or breach of any term of this agreement by the Associate, JourneyMart may issue a three day notice to the Associate to rectify the breach and ensure compliance failing which JourneyMart shall immediately revoke the Associate's agreement and remove the Associate's presence on JourneyMart. In extreme urgency / contingencies JourneyMart retains the right to terminate this agreement at its absolute discretion and without notice.

 

9.

Privacy:

  1. All information, of a confidential nature provided by the Associate during the tenure of this agreement with JourneyMart will be treated as private and confidential and shared only with third parties providing support services to the portal.
  2. You are advised to read the JourneyMart Privacy Policy and conform to the same .
  3. Anti-Spamming Policy
    JourneyMart does not endorse "spamming". Spamming means sending unsolicited email to persons who have not requested your information.

10.

Notification:

  1. JourneyMart may change the terms and conditions and operating rules and policies from time to time. JourneyMart may also change at any time and at its option, its technical systems, IP address, and other services, in order to enhance the portal's service.
  2. The Associate may notify JourneyMart on any issue at the place of its registered office which is M-69, 2nd Floor, M Block Market, Greater Kailash Part I, New Delhi - 110048, India or at stores@journeymart.com .

  

  

11.

Disclaimers

  1. JourneyMart has entered into agreements with various service providers to render support services to the portal and its Associates. You may or may not avail these services. However, in the event that you do, all/any liabilities and responsibilities that may arise are between you and the service provider. In some cases, a separate agreement will have to be entered into with the service provider. JourneyMart is not responsible/liable for any failures/errors/inaccuracies or delays on behalf of the service provider.
  2. JourneyMart, its affiliates or its subsidiaries are not responsible or liable to anyone including the Associate for any claim related to the product/s, service/s, user, inter-alia but not limited to security lapses in payment systems, non-receipt of payment by the Associate, security lapses in data bases and information systems, inefficiency in uptime linking. No liability will accrue to JourneyMart or the Associate for their failure to perform their obligations under this contract where such failure is due to a Force Majeure event.
  3. JourneyMart is not responsible for any transaction or communication between the user and the Associate.
  4. The services provided to the Associate are on an "as is" and "as available" basis. The use of these services is entirely at the Associate's own risk.
  5. All Disclaimer clauses published in the Terms and Conditions apply to the Associate as well.

   

 

12.

Jurisdiction:
Jurisdiction for any disputes arising from and related to this contract shall be in Delhi for those raised by the Associate and concurrently with Delhi, the geographical location of the Associate for disputes raised by JourneyMart.

 

  

13.

Entire Agreement
This agreement represents the entire agreement between the parties. It is subject to changes in accordance with clause 10 hereinabove.

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