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Terms and Conditions for Products not 'Serviced By GoXimbo'

These terms of service (hereinafter referred to as "Terms and Conditions") between GoXimbo (hereinafter referred to as "GoXimbo") and the users of the Marketplace (hereinafter referred to as "User") describe, inter alia, the terms of offer for availing services, purchase of services (hereinafter referred to as "Services") provided by the third party service provider (hereinafter referred to as "Vendor").

PLEASE READ THE TERMS AND CONDITIONS CAREFULLY BEFORE AVAILING ANY SERVICES ON THE MARKETPLACE. ANY SERVICE AVAILED BY THE USER THROUGH THIS MARKETPLACE SHALL SIGNIFY USERS’ ACCEPTANCE OF THE TERMS & CONDITIONS AND SHALL BE LEGALLY BOUND BY THE SAME.

In addition to the foregoing, user shall also be bound by additional terms of offer for service issued by the vendor at the marketplace. If there is any conflict between the terms & conditions of the marketplace and the additional vendor terms, the additional terms shall take precedence in relation to that service.

If the user does not agree with the terms of offer for service, he /she may not access the marketplace.

1. Business


1.1. This Marketplace is a platform/marketplace that facilitates online booking and purchase of travel packages and other travel related services ("Service/s") offered by various third-party service providers ("Vendor/s").

1.2. Vendors are the service providers for the Services on the Marketplace and are solely responsible to User for the Services sold or for redemption of any travel Voucher purchased by User through the Marketplace. GoXimbo's deliverable is limited to facilitating the communication between User and the Vendor through this Site, for Services.

1.3. GoXimbo only routes payments from Customers. GoXimbo does not guarantee payments to Vendors for amounts that have not been successfully received by GoXimbo from Customers.

1.4. User acknowledges that GoXimbo has the right to change or discontinue any functionality of the Marketplace at any time, without notice. User further acknowledges that GoXimbo may add or modify the procedures, modes, processes, terms and conditions at any time and User shall adapt to changes that GoXimbo may make to the Marketplace. User agrees that GoXimbo shall not be liable to User or to any third party for any modification, suspension or discontinuance of any aspect of the Marketplace.

2. Charges & Pricing Information


2.1. GoXimbo does not charge any fee for browsing and booking of Services on the Marketplace. User can create free membership accounts on the Marketplace. In particular, GoXimbo may at its sole discretion introduce new services and modify some or all of the existing Services offered on the Marketplace.

2.2. User shall be solely responsible for compliance of all applicable laws including those in Bhutan for making payments to GoXimbo.

2.3. GoXimbo strives to provide Users through its Vendors best possible prices for the Services enumerated on the Marketplace. However, GoXimbo does not guarantee that the price will be the lowest in the city, region or geography.

2.4. While GoXimbo endeavors to provide quality Services and accurate pricing information, typographical and other errors may occur. In the event that a Service is listed at an incorrect price or with incorrect information due to an error in pricing or Service information, GoXimbo may, at its discretion, either contact User for instructions or cancel User’s booking and notify User of such cancellation.

2.5. GoXimbo will have the right to rectify the price of the Service and contact User for further instructions via e-mail address provided by User at the time of registration, or cancel the booking and notify User of such cancellation. If GoXimbo cancels the order after the payment has been processed, the said amount will be remitted to User’s account from which the payment was made.

2.6. GoXimbo is a facilitator for payment from User to the Vendor and GoXimbo's obligation to pay the Vendor is conditional upon successful receipt of the associated payments from User. GoXimbo does not guarantee payments to Vendors for amounts that have not been successfully received by GoXimbo from the User.

3. Payment Options


3.1. Online Card Payments

3.1.1. Visa, Master payments are processed through an online payment gateway system.

3.1.2. GoXimbo makes best efforts to fulfil information security requirements and as a Verisign Certified Site, uses the latest 128 bit encryption technology and other sophisticated methods to protect Users credit card information. User can make bookings for desired services using SSL encryption (the Internet standard for secure transactions).

3.2. Internet Banking

3.2.1. If User have an account with the Bank of Bhutan Ltd. (BoB) in Bhutan and with any bank which has Master and VISA card facility in Bhutan and anywhere, then User can pay for the desired Services through the respective bank's net banking options and the amount will be automatically debited from Users account. GoXimbo may process payments through third party payment-gateway system

3.3. Gateway Charges

3.3.1. Please note that GoXimbo cannot control any fees that may be charged to User by his/her bank related to such a transaction and GoXimbo disclaims all liability in this regard.

4. Transaction Confirmation


4.1. User should not take any action based on information on the Marketplace until User has received a confirmation of User’s transaction. In case of confirmations to be received by email, if User does not receive any confirmation of User’s purchase/transaction within the stipulated time period, User may first look into "spam" or "junk" folder to verify that it has not been misdirected, and if still not found, please contact GoXimbo’s call Centre.

4.2. The total price payable will be displayed to the User before making payment to the Vendor. Users are hereby informed that in case of a booking request being rejected by a Vendor (i.e. not confirmed by the applicable Vendor), any amounts collected by GoXimbo for such booking will be refunded to the User’s Account used for making the payments but have to look at the cancellation policy of the concern vendors or the hoteliers.

4.3. As a general rule, GoXimbo will remit to the Vendor the applicable amount due once GoXimbo receives confirmation of a booking from the applicable Vendor. Total price may instead be collected as part payments, as per Vendor policy.

5. Amendment and Cancellation Policy

5.1. All amendments and cancellation of booking shall be as per the notifications/ policy provided by the Vendor and shall be routed through GoXimbo.

5.2. If a Vendor cancels a confirmed booking made via the GoXimbo’s Site:

5.2.1. GoXimbo will refund the total price paid by the User for such booking to the applicable User within a commercially reasonable time of the cancellation;

5.2.2. If applicable, the User will receive an email or other communication from GoXimbo containing available alternative listings of the earlier previously desired Services as offered by and available with the Vendor;

5.2.3. if the User requests booking from one of the enlisted alternatives and the concerned Vendor confirms the User’s booking request, in that case the User agrees to pay GoXimbo the differential cost relating to the confirmed booking for the desired Service, in accordance with these Terms.

6. REFUND POLICY

6.1. In case of no-show or unutilized bookings, User shall be required to make requests for any valid and applicable refunds, as per Vendors’ policies, within 90 days from the travel date. No refund would be payable for any requests made after the expiry of 90 days of travel date/ check-in as aforementioned and all unclaimed amounts for such no-show or unutilized bookings shall accordingly be deemed to have been forfeited.

6.2. The refund shall be processed within 15-20 working days from the date of the cancellation request, after receiving back to back refund from the concerned Vendor. If GoXimbo has received the payment through a valid credit card, then the same will be refunded to User’s credit card.

6.3. In case User avails to book any of the Services offered by the Vendor and is, thereafter, not contactable on the contact details provided, then the tour reservation selected by User will stand cancelled and GoXimbo or the Vendor would not be liable for any charges/expenses incurred by User, either directly or indirectly in this regard.

7. Promotion Codes

7.1. GoXimbo may generate promotion codes from time to time which may be availed on the site as a discount coupon, if applicable.

7.2. GoXimbo reserves the right to add, alter, modify, withdraw all or any of the Terms and Conditions or replace, wholly or in part, the program by any other program, whether similar to this program or not or withdraw it altogether without any prior notice.

7.3. In case of dispute with any party, GoXimbo's decision will be binding and final.

7.4. When User registers with GoXimbo, GoXimbo or any of its partners/affiliate/group companies may contact User from time to time to provide the offers/information of such Services that GoXimbo or such other group companies believe may benefit User.

8. Users Responsibilities & Liability

8.1. General Understanding

8.1.1. User shall be responsible for their own actions in utilizing the Services purchased by User, and GoXimbo shall not be liable for any such action. GoXimbo is only providing a platform for communication and it is agreed that the contract for Service shall be a strictly bipartite contract between the Vendor and User.

8.1.2. User represents that User is of legal age to form a binding contract with GoXimbo and is not a person barred from receiving Services under the laws as applicable

8.1.3. User confirms that GoXimbo shall not be responsible for any deficiency in payment of consideration payable towards the services purchased from the Marketplace.

8.1.4. Any references to a Vendor being "verified" (or similar language) only indicate that the Vendor has completed a reasonable verification process. Any such description is not an endorsement, certification or guarantee by GoXimbo about any Vendor, including of the Vendor's identity and credibility. GoXimbo therefore recommends that you always exercise due diligence and care when deciding whether to avail services from a Vendor, or while having any other interaction with them.
8.1.5. Upon receiving User’s complaint, GoXimbo shall inform the relevant Vendor of such complaint and request for an explanation. Users are required to refrain from raising frivolous and baseless complaints. User expressly acknowledges that the Vendor providing the deficient Service will be solely responsible to User for any claims that User may have in relation to such defective service and GoXimbo shall not in any manner be held liable for the same.

8.1.6. Unless due to User’s negligence, in the event the Vendor fails to complete a delivery of any Service, User acknowledges that the Vendor will be liable to make any applicable refunds or payments. User agrees that GoXimbo will not be held liable for failure of the Vendor to make available any Service therein.

8.1.7. The User hereby consents, expresses and agrees that he has read and fully understands the Privacy Policy of GoXimbo. The User further consents that the terms and contents of such Privacy Policy are acceptable to him. In general:

8.1.7.1. GoXimbo reserves the right at all times to disclose any information as is necessary to satisfy or comply with any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in GoXimbo's sole discretion.

8.1.7.2. When User registers with GoXimbo, GoXimbo or any of its Vendor/partners/affiliate/group companies may contact User from time to time to provide the offers/information of such services.

8.2. Proprietary Rights

8.2.1. GoXimbo may provide the User with content such as sound, photographs, graphics, video or other material contained in sponsor advertisements or information. This material may be protected by copyrights, trademarks or other intellectual property rights and laws. The User may use this material only as expressly authorized by GoXimbo and shall not copy, transmit or create derivative works of such material without express authorization from GoXimbo.

8.2.2. The User acknowledges and agrees that they shall not upload, post, reproduce or distribute any content on or through the Website/Marketplace that is protected by copyright or other proprietary right of a third party, without obtaining the permission of the owner of such right. Any copyrighted or other proprietary content distributed on or through the Website with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject the User to personal liability or criminal prosecution.

8.3. Limited User

8.3.1. The User agrees and undertakes not to sell, trade or resell or exploit for any commercial purposes, any portion of the Service. For the removal of doubt, it is clarified that Services, including the use of the Website, is not for commercial use but is specifically meant for personal use only.

8.3.2. The User further agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Website. Limited reproduction and copying of the content of the Website is permitted provided that the GoXimbo's name is stated as the source. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.

8.4. Prohibition Against Unlawful Use

8.4.1. As a condition of the use of the Website, the User warrants that they will not use the Website for any purpose that is unlawful or illegal under any law for the time being in force within or outside Bhutan or prohibited by this Agreement including both specific and implied. In addition, the Website shall not be used in any manner, which could damage, disable, overburden or impair it or interfere with any other party's use and/or enjoyment of the Website. The User shall refrain from obtaining or attempting to obtain any materials or information through any means not intentionally made available or provided for or through the Website.

8.4.2. GoXimbo reserves the right, in its sole discretion, to terminate the access to the website/Marketplace and the related functionalities, or any portion thereof at any time, without notice.

8.5. Suspension/Termination

8.5.1. Without prejudice to the other remedies available to GoXimbo under this agreement, or under applicable law, GoXimbo 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 and/or the documents it incorporates by reference;
  • GoXimbo/Vendor is unable to verify or authenticate any information provided by the User; or
  • GoXimbo 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 GoXimbo.

8.5.2. GoXimbo may at any time in its sole discretion reinstate suspended Users. Once the User have been suspended the User may not register or attempt to register with GoXimbo or Use the website in any manner whatsoever until such time that the User is reinstated by GoXimbo.

8.5.3. Notwithstanding the foregoing, if the User breaches this Agreement or the documents it incorporates by reference, GoXimbo reserves the right to recover any amounts due and owing by the User to GoXimbo and/or the service provider and to take strict legal action as GoXimbo deems necessary.

9. Indemnification and Limitation Of Liability

9.1. User agrees to indemnify, defend and hold harmless GoXimbo from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by GoXimbo that arise out of, result from, or may be payable by virtue of, any breach of any representation, warranty, covenant or Agreement made or obligation to be performed by User pursuant to these Terms and Conditions, or any Additional Terms applicable to availing Services on the Marketplace.

9.2. In no event shall GoXimbo, its officers, directors, employees, partners or vendors be liable to User, the Vendor or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not GoXimbo has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with User’s purchase of the services herein.

9.3. GoXimbo shall not assume any liability for the non-availability of the Services where required or any action or inaction that might be taken by the Vendor.

10. DISCLAIMER

10.1. Goximbo does not control, endorse or accept responsibility for any services offered by third parties/vendors accessible through the marketplace or any linked sites. Goximbo makes no representations or warranties whatsoever about, and shall not be liable for, the vendor or any such third parties, their services, including representations relating to non-infringement of third party intellectual property rights. Any transactions that user may have with such third parties are at users own risk. The services shall be subject to vendor's terms and conditions for warranty, service and maintenance, and Goximbo does not accept any responsibility for the same. Goximbo also does not accept any responsibility for the services availed by user.

10.2. Goximbo specifically disclaims any liability with regard to any deficiency of service availed by user from the vendor and Goximbo shall not assume any liability if the service availed by user from the vendor is not exactly as per specifications detailed in the booking confirmation.

11. Governing Law

11.1. These Terms & Conditions and the relationship between User and GoXimbo shall be governed in accordance with the laws of Bhutan without reference to conflict of laws principles.

11.2. User agree that all claims, differences and disputes arising under or in connection with or in relation to the Terms & Conditions or any transactions entered into on or through the Marketplace or the relationship between User and GoXimbo shall be subject to the exclusive jurisdiction of the courts at Gurgaon (Haryana) and User hereby accede to and accept the jurisdiction of such courts.

ALL LINKED TERMS AND CONDITIONS HEREUNDER ARE ASSUMED TO BE READ, UNDERSTOOD AND AGREED BY USER.




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