These terms and conditions (“Terms”) constitute a legally binding agreement between you and the Company, govern the access to, or use of the services made available through this website, i.e https://indirail.in/ (The Site), and the Services offered by the Company, including but not limited to, delivery of content via the site, to any mobile or internet-connected device or otherwise (the “Services”). By accessing the site or Service and/or by clicking “I Agree”, you agree to be bound by these Terms and Conditions. You hereby represent and warrant that you are at least 18 (Eighteen) years of age or above and capable of entering, adhering to, and performing to these Terms that you agree to be bound by the following terms and conditions. While individuals under the Age of 18 may utilise the services of the site, they shall do so only with the involvement and guidance of their parents and/or any legal guardians, under such Parent/legal guardian’s registered account. You agree to register prior to uploading any content and/or comments and any other use or services of this site and provide your details, including but not limited to your complete name, age, email address, residential address, and contact number.
These Terms may be updated by us, and the Terms, as amended from time to time, will apply to you. These Terms expressly supersede any prior written agreement with you. You are responsible for checking these Terms and Conditions periodically to remain in compliance with these terms. Your use of the Site after any amendment to the Terms and Conditions shall constitute your acceptance of these terms, and you also agree to be bound by any such changes/revisions.
By using the Platform, you agree that you have read, understood, and are bound by these Terms, and that you comply with the requirements listed herein. If you do not agree to all of these Terms or comply with the requirements herein, please do not access the Platform. These Terms also include terms and disclaimers issued by us from time to time (“Additional Terms”). In the event of a conflict between these Terms and the Additional Terms, the Additional Terms will prevail.
Definition of “User” or “You” means any person who accesses or avails this site of the Company for the purpose of hosting, sharing, transacting, publishing, displaying, or uploading information or views, and includes other persons jointly participating in using the site of the Company.
Indirail reserves the right to charge subscription and onboarding fees from the user, by giving reasonable prior notice in respect of any product, service, or any other aspect of this site. These Terms also include terms, policies, and disclaimers issued by us from time to time (“Additional Terms”).
Limited Permission to copy
Indirail grants you permission to only access and make personal use of the site and you agree not to, directly or indirectly download or modify/alter/amend/transfer/revise/translate/copy/publish/distribute or otherwise disseminate any content on Indirail’s site or any portion of it; or delete or fail to display any promotional taglines included in the site either directly or indirectly, except with the express consent of Indirail. You must not retain any copies of these pages saved to disk or to any other storage medium except for the purposes of using the same for subsequent viewing purposes or to print extracts for personal/individual use. Indirail forbids you from any attempts to resell or put to commercial use any part of the platform/site; any collection and use of any product listing, use of the site or its contents; any downloading or copying of account information for the benefits of any other merchants; no part of this platform/site may be reproduced or transmitted to or stored in any other website, nor may any of its pages or part thereof be disseminated in any electronic or non-electronic form, nor included in any public or private electronic retrieval system or service without prior written permission. Requests to republish Indirail’s material for distribution should be addressed to E-mail: support@indirail.in.
Platform/Site
The Platform/site includes the provision of booking of reserved e-tickets for travel in trains of Indian Railways, through the platform of the company. In the event you choose to avail any of Indirail’s additional features or functions (“Additional Services”), you shall be bound by the Terms of such additional Services in addition to these Terms. The Additional Services may require the User to purchase certain features and benefits to the Platform/Site.
IRCTC Agent Registration Process
The process for registration as an authorized IRCTC Agent shall consist of the following sequential steps, to be completed through the prescribed online procedure:
- Submission of Application: The Applicant shall duly complete and submit the IRCTC Agent Registration Form through the designated online portal provided for such purpose (“IRCTC Agent Application Form”).
- Payment of Registration Fee: Upon successful submission of the application form, the Applicant shall be required to remit the prescribed registration charges through the authorized online payment gateway.
- Document Upload: Subsequent to confirmation of payment, the Applicant shall upload all requisite documentation as specified by IRCTC or its authorized representative.
- Verification: Upon completion of the aforementioned steps, the submitted documents and payment shall be subject to verification by IRCTC or its authorized agent/representative.
- Issuance of Credentials: Upon successful verification of the Applicant’s details, IRCTC shall issue agent login credentials, including a unique Agent ID and password, which shall be communicated to the Applicant via registered email.
- Activation and Access: Following activation of the agent login hyperlink, the Applicant shall be authorized to access the IRCTC agent portal and may commence ticket booking activities through the designated wallet-based payment mechanism.
No Unlawful or prohibited use
As a condition of your use of the services, you will not use the services for any purpose that is unlawful or prohibited by these Terms and Conditions. You may not use the Services in any manner that could damage, disable, overburden, or impair any Indirail’s server or the network(s) connected to any Indirail server or interfere with any other party’s use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services other accounts, computer systems, or to any of the Services through hacking, password mining, or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.
Your Responsibilities
You represent and warrant that all information that you provide or make available through or concerning the Platform is complete, true, and correct on the date of agreeing to these Terms and Conditions and shall be complete, true, and correct and shall remain accurate in all respects. Any change in the information that you provide during the existence of these Terms and Conditions, you must bring such changes to Indirail’s notice. Indirail does not accept any liability for any loss or damage that you may suffer or incur if any information, documentation, material, or data provided to avail the Platform is incorrect, incomplete, inaccurate, or misleading, or if you fail to disclose any material fact.
You shall be solely responsible for ensuring compliance with laws that apply to your use of the Platform and be solely liable for any liability that may arise due to a breach of your obligations in this regard. You shall extend all cooperation to Indirail in its defence of any proceedings that may be initiated against it due to a breach of your obligations or covenants under these Terms.
Use of Services
The Services may be used by you for making and receiving payments from or to third parties.
Indirail reserves the right but shall have no obligation to verify the authenticity of the Transaction other than by means of verification of your basic KYC information.
You shall at all times take all appropriate steps, including those as mentioned herein, to maintain the security and confidentiality of the information.
Indirail shall not be liable for any mistake or misuse of the services by either you or by any person authorized by you, or by any person gaining access to the services through You.
You agree that Indirail accepts all instructions originating from his account in good faith and in a manner consistent with commercially reasonable security standards.
You hereby agree to indemnify and hold Indirail harmless for direct or indirect losses sustained as a result of the disclosure of sensitive information by or through you.
You can receive payments from the customers or other payers, or suppliers, by
- IMPS/ NEFT/ RTGS or
- Credit/ Debit cards or
- Netbanking and or
- UPI both for collections and payables
- Any other modes of payment through banks that may be accepted by Indirail from time to time under these Terms
Confirmation of the transaction performed using valid login credentials shall be conclusive evidence of a transaction being affected.
You shall be responsible for providing Indirail with the appropriate and current customer information.
In order to improve the security of the card transactions, and as per the RBI mandate, the sensitive data of the cards and cardholder making payments to You, shall be stored in the form of Tokens and you shall be responsible and accountable for any non-compliance of the guidelines of RBI in the event there is compliant of misuse of the storage of the credit Card data or Tokens as per the applicable laws.
In the event wherein a customer wishes to raise a complaint about any transaction, the same should be communicated to Indirail within 10 (Ten) days of such transaction.
User Conduct and Obligations
You shall not use the Platform in any manner except as expressly permitted in these Terms. Without limiting the generality of the preceding sentence, you may not:
- infringe any proprietary rights, including but not limited to copyrights, patents, trademarks, or trade secrets, of any party;
- except as may be provided hereunder, copy, display, distribute, modify, publish, reproduce, store, transmit, post, translate, create any derivative works from, or license the Platform;
- Use the platform to transmit any data or send or upload any material that contains viruses, Trojan horses, keystroke loggers, spyware, adware, or any other harmful programmes or similar computer code designed to adversely affect the operation of any computer software or hardware;
- Use any robot, spider, other automated device, or manual process to monitor or copy the Platform or any portion thereof;
- engage in the systematic retrieval of content from the Platform to create or compile, directly or indirectly, a collection, compilation, database or directory;
- host, display, upload, modify, publish, transmit, store, update or share any information that (A) belongs to another person and to which you do not have any right; (B) is defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force; (C) is harmful to minors; (D) infringes any patent, trademark, copyright or other proprietary rights; (E) violates any law for the time being in force; (F) deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact; (G) impersonates another person; (H) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation; (I) contains software virus or any other computer code, file, or programme designed to interrupt, destroy, or limit the functionality of any computer resource; or (J) is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity, or agency for financial gain or to cause any injury to any person;
- use the Platform in any unlawful manner, for fraudulent or malicious activities, or in any manner inconsistent with these Terms; or
- Violate applicable laws in any manner;
- Delete from the site any legal notices, disclaimers, or proprietary notices such as copyright or trademark symbols or modify any logos that you do not own or have express permission to modify;
- Not use the site/services in any manner that could damage, disable, overburden or impair and not to undertake any action which is harmful or potentially harmful to any Indirail’s server or the network(s) computer systems/resource connected to any Indirail server or interfere with any other party’s use and enjoyment of the Site/Service.
- Perform any activity which is likely to cause such harm
- Take any action which encourages or consists of any threat of harm of any kind to any person or property;
- Make any representation or warranty on behalf of Indirail;
- Any confidentiality obligations;
Indirail is an Intermediary Platform
Please note that any purchase or payment made/received from a user/you is a sole agreement between the Customer and you (user) on the Indirail platform.
Indirail is merely an intermediary and a platform provider and is not a party to, nor shall be held responsible for, any goods/services, authentication, or logistical support corresponding to a transaction.
User(s) shall not host, display, upload, publish, transmit, or share any information on Indirail’s website or app which:
belongs to another person and to which the User does not have any right;
is obscene, pornographic, paedophilic, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or promoting enmity between different groups on the grounds of religion or caste with the intent to incite violence;
is harmful to a child;
infringes any patent, trademark, copyright, or other proprietary rights;
deceives or misleads the addressee about the origin of the message, or knowingly and intentionally communicates any misinformation or information which is patently false and untrue or misleading;
impersonates another person;
threatens the unity, integrity, defence, security, or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence, or prevents investigation of any offence, or is insulting to another nation;
contains software virus or any other computer code, file, or program designed to interrupt, destroy, or limit the functionality of Indirail’s platform;
violates any law for the time being in force;
Procedure to report objectionable/infringing content
User(s) can report any content on the Platform which is deemed to be unlawful, objectionable, libelous, defamatory, obscene, harassing, invasive to privacy, abusive, fraudulent, against any religious beliefs, spam, or is violative of any applicable law.
If the individual is of the view that any content on or listings on Indirail contains any objectionable or infringing content, User(s) may fill out and submit the at support@indirail.in Indirail shall endeavor to review all complete and valid complaints within the prescribed timeframe under applicable law.
The information shared as part of the complaint shall a) clearly identify the violations, b) Location of the material on the Website, including but not limited to the link of the infringing material, c) In case of any IP violations, proof of ownership of such IP, and d) contact information.
Complainant consents that Indirail shall share the contents of any complaint with necessary third parties, including, without limitation, the accused parties involved to determine the respective rights and liabilities against any allegedly illegal content.
Indirail shall make commercially reasonable efforts to resolve all content-related complaints within the time period prescribed under applicable law, provided that:
- Complainant shall provide all relevant information and supporting documentation requested by Indirail to enable Indirail to evaluate the complaint; and,
- Indirail acts in good faith in the determination of any complaint and shall not be liable, in any manner whatsoever, for any act or omission of Indirail pursuant to such complaint, and no such act or omission shall be construed to be an admission of any liability. All of Indirail’s rights in such matters are fully reserved. Indirail does not provide any guarantee or warranty in respect of the outcome of any
Pandemic-Related Terms and Conditions
User agrees that due to outbreak like pandemic, which shall be declared as a national disaster by the Government of India, there may be instances, where the end service provider either cancels the booking or refuses to provide the services, as agreed with the User, by assigning or not assigning any specific reason for such refusal. Refusal of service may be due to the reasons, including but not limited to the User:
- exhibiting any symptoms associated with the Pandemic.
- refusing to comply with safety advisories, like wearing protective gear, complying with social distancing norms, etc.
- suffering from any ailment, making the User vulnerable to the virus
- posing a threat to the health and safety of others
In such cases, Indirail will assume no liability for the refusal of service by the end service provider. The User also agrees that refund, if any, for such bookings will be processed by Indirail to the User, subject to receipt of the same from the end service provider.
User further understands that due to the outbreak of the Pandemic, the Central Government, through its ministries, State Governments, and statutory bodies have/may come up with a detailed set of guidelines or standard operating procedure (SOP) that a traveler will have to follow in order to undertake the travel.
The User agrees to abide by all such guidelines/SOP while undertaking any travel. Failure to abide by such a detailed set of guidelines/SOP may lead to a situation where the service provider or any person authorized by the Central Government, State Government, or statutory body may disallow the User to undertake the travel. In such circumstances, Indirail will not be held liable for such refusal to travel, and refund, if any, shall be strictly as per the terms of the service provider.
User undertakes that all bookings are subject to certain minimum medical wellbeing criteria specified by the Government / appropriate authority from time to time. The user should have no medical history of the Pandemic, before the date of scheduled travel, especially in case of inbound travel, for the specified duration as mentioned by the Government. In this regard, the User may be required to furnish medical proof or a health declaration in an applicable format.
Limitation of Liabilities
Under no circumstances will Indirail be held responsible or liable in any way for any content which in Legal opinion is derogatory, threatening, defamatory, obscene or offensive or offends public sensibilities or morals and shall also not assume liability for any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted or uploaded on the Site or any infringement of another’s rights including intellectual property rights. You specifically agree that Indirail is not responsible for any content sent using and/or included in Indirail’s site/service by any third party.
Termination of Account
Indirail reserves the right to refuse services, restrict, suspend, or terminate your account; (Terminate this Agreement; Terminate or suspend your access to the Indirail’s Platform; Refuse, move, or remove for any reason any Content/ Image that you submit on or through the Services; Refuse, move or remove any Content/ Image that is available on or through the Services; Deactivate or delete your accounts and all related information and files in your account; Establish general practices and limits concerning use of the Services) at any time, edit or remove contents or cancel orders (entered by you) in its sole discretion with or without cause, or with or without any prior notice for any violation of the Terms of Use. Upon such termination or suspension, your rights to use the Indirail Platform will immediately cease.
You can also terminate your account at any time, but your information may remain stored in an archive on our servers even after the deletion or the termination of your account.
Term and Termination
These Terms shall remain in effect unless terminated in accordance with the terms hereunder. Indirail may terminate your access to or use of the Platform, or any portion thereof, immediately and at any point, at its sole discretion if you violate or breach any of your obligations, responsibilities, or covenants under these Terms. Upon termination, you shall not be eligible to avail any of the Platform and these Terms shall terminate, except for those clauses that expressly or are intended to survive termination or expiry.
Disclaimers and Warranties
The use of this Website is at your sole risk.
Indirail does not represent you in any fiduciary, agent, attorney-client, or any other capacity whatsoever, and the use of the Platform/Website does not create, by implication or otherwise, and without limitation, any fiduciary duty or attorney-client relationship, representation, or any other sort of professional relationship or representation whatsoever. The Platform/Website does not constitute legal advice. Any information provided by Indirail or its employees, contractors, or other personnel is solely for informational purposes and is not legal advice and should not be treated as such.
To the extent permitted by applicable law, the Platform is provided on an “as is” and “as available” basis. Indirail does not warrant that the operation of the Platform will be uninterrupted or error-free, or that the functions contained in the Platform/Website will meet your requirements. We may suspend or withdraw any or all parts of the Platform at any time without notice to you.
To the fullest extent permissible under applicable law, Indirail expressly disclaims all warranties of any kind, express or implied, arising out of the Platform/Website, including warranties of merchantability, fitness for a particular purpose, satisfactory quality, accuracy, title and non-infringement, compatibility, applicability, usability, appropriateness, and any warranty that may arise out of course of performance, course of dealing, or usage of trade.
You hereby accept full responsibility for any consequences that may arise from your use of the Platform/Website, and expressly agree and acknowledge that Indirail shall have absolutely no liability with respect to the same.
To the fullest extent permissible by law, Indirail and its related parties each disclaim all liability for any loss or damage arising out of or due to:
i. your use of, inability to use, or availability or unavailability of the Platform or User Information, including any Third-Party Services;
ii. the occurrence or existence of any defect, interruption, or delay in the operation or transmission of information to, from, or through the Platform, communications failure, theft, destruction, or unauthorised access to Indirail’s records, programmes, services, server, or other infrastructure relating to the Platform; or
iii. The failure of the Platform/Website to remain operational for any period of time.
Notwithstanding anything to the contrary contained herein, neither Indirail nor any of its related parties shall have any liability to you or any third party for any indirect, incidental, special, or consequential damages or any loss of revenue or profits arising under, directly or indirectly, or relating, in any manner whatsoever, to these Terms or the Platform. To the maximum extent permitted by law, you agree to waive, release, discharge, and hold harmless Indirail, its affiliated and subsidiary companies, its parent companies, and each of their directors, officers, employees, and agents, from any and all claims, losses, damages, liabilities, expenses and causes of action arising out of the Platform/ Website.
Indirail strives to primarily onboard Users. Except as otherwise required by applicable laws, Indirail performs no technical, legal, financial, or any other type of due diligence on such and makes no representations or warranties in this regard. Indirail does not guarantee whether particular online bookings on the Platform/Website are suitable for or will meet the expectations of Users. Indirail is not responsible for the truthfulness, accuracy, or completeness of such online bookings.
Any material or information provided, shared, or otherwise available through the Platform is for informational purposes only. You should not rely upon such material or information for making any business, legal, medical, financial, or other decisions. Any reliance you place upon such material or information is therefore strictly at your own account and risk. You must obtain professional or specialist advice before taking or refraining from taking any action on the basis of information made available on the Platform.
Indemnity
You shall indemnify, defend at Indirail’s option, and hold Indirail, its parent companies subsidiaries, affiliates, and their officers, associates, successors, assigns, licensors, employees, directors, agents, and representatives, harmless from and against any claim, demand, lawsuits, judicial proceeding, losses, liabilities, damages and costs (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) due to or arising out of your access to or use of the Platform/Website, violation of these Terms, or any infringement by any third party who may use your account with Indirail, of these Terms and Conditions.
Indirail’s aggregate monetary liability to you shall be limited to the actual damages incurred by you, up to the total amount paid by you to Indirail. In no event shall Indirail be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or use, even if advised of the possibility of such damages.
Consent to Use Data
By using the Platform/Website, you agree and acknowledge that Indirail may collect and process your data in accordance with its privacy policy, available on the Website. You agree that Indirail may collect and use your information and technical data and related information.
Subject to applicable laws, Indirail may be directed by law enforcement agencies or the government and related bodies to disclose data in relation to Users in connection with criminal proceedings. You hereby agree and acknowledge that Indirail shall have the right to share such data with relevant agencies or bodies.
Modification
Indirail reserves the right to, at any time, add, modify, or discontinue, temporarily or permanently, the Platform/Website (or any part thereof) with or without cause. Platform shall not be liable for any such addition, modification, suspension, or discontinuation of the Platform.
Governing Law, Jurisdiction and Dispute Resolution
These Terms shall be governed by and construed and enforced in accordance with the laws of India. Subject to other provisions in this Clause, courts in Pune shall have exclusive jurisdiction over all issues arising out of these Terms or the use of the Platform.
Any controversies, conflicts, disputes, or differences arising out of these Terms shall be resolved by arbitration in Pune in accordance with the Arbitration and Conciliation Act, 1996, for the time being in force, which is deemed to be incorporated by reference in this Clause. The tribunal shall consist of 1 (One) arbitrator appointed by us. The language of the arbitration shall be English.
The parties to the arbitration shall keep the arbitration confidential and not disclose to any person, other than on a need-to-know basis or to legal advisors, unless required to do so by law. The decision of the arbitrator shall be final and binding on all the Parties hereto.
Each party to the arbitration shall bear its own costs with respect to any dispute.
Miscellaneous Provision
Modification of Terms: Indirail reserves the right at any time to modify these Terms and Conditions and to add new or additional terms or conditions on the access to or use of the Platform/Website. Such modifications and additional terms and conditions will be communicated to you from time to time.
Grievance Redressal: You may contact our grievance redressal officer with any complaints or queries relating to the Platform through email, the details of which are provided below:
Email Address: support@indirail.in
Severability: If any provision of these Terms and Conditions is determined by any court or other competent authority to be unlawful or unenforceable, the other provisions of these Terms will continue in effect. If any unlawful or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the clause, in which case the entirety of the relevant provision will be deemed to be deleted).
Assignment: You shall not license, sell, transfer, or assign your rights, obligations, or covenants under these Terms in any manner without Indirail’s prior written consent. Indirail may grant or withhold this consent in its sole discretion and subject to any conditions it deems appropriate. Indirail may assign its rights to any of its affiliates, subsidiaries, or parent companies, or to any successor in interest of any business associated with the Platform without any prior notice to you.
Relationship: None of the provisions of these Terms and Conditions shall be deemed to constitute a partnership or agency between you and Indirail, and you shall have no authority to bind Indirail in any manner whatsoever.
Notices: All notices, requests, demands, and determinations for Indirail under these Terms (other than routine operational communications) shall be sent to support@indirail.in.
Third Party Rights: No third party shall have any rights to enforce any terms contained herein.
Waiver: Any delay in the exercise of rights and remedies available under the Terms does not constitute a waiver of that or any other right or remedy.
Force Majeure: Indirail will have no liability to you if we are prevented or delayed from performing our obligations or carrying out our business by acts, events, or omissions beyond our reasonable control including without limitation strikes, labour disputes, failure of utility service or telecommunications network, act of God, war, riot, civil commotion, malicious damage, or compliance with any law or governmental order, rule, regulation, or direction.
