This document is an electronic record within the meaning of the Information Technology Act, 2000, as amended, and rules and regulation framed thereunder. This electronic record is generated by a computer system and accordingly does not require any physical or digital signatures. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines and Digital Media Ethics Code) Rules, 2021 which mandates publication of the terms governing access to or usage of ACUBE Tour Guides service through ACUBE Tour Guides Platform. This document meets the stipulations and conditions mentioned in Section 63 of the Bharatiya Sakshya Adhiniyam (BSA), 2023.
Your Acceptance of This Agreement
This Agreement is entered into between you (“you” or “your”) and ACUBE Tour Guides, a proprietorship firm established and operating under the applicable laws of India, having its registered office at Plot No. 19-A, Chord Line–Station Road, Near Over Bridge, Daund, Taluka Daund, District Pune, Maharashtra, India – 413801 (“ACUBE Tour Guides,” “we,” “us,” or “our”). that governs your use of the services offered by ACUBE Tour Guides through its website www.atguides.com ("Website"), telephone search, SMS, WAP or any other medium using which ACUBE Tour Guides may provide the search services (collectively "Platforms" ). When you access or use any of the Platforms you agree to be bound by these Terms and Conditions ("Terms").
Changes
By accessing, registering on, or using ACUBE Tour Guides Platform and/or Service, you acknowledge that you have read, understood, and agreed to be bound by these Terms of Use, including any modifications or updates made by ACUBE Tour Guides from time to time. Your continued use of the Platform/services constitutes your acceptance of the Terms of Use. If you continue to use the Platform/services after any amendment, such continued use shall constitute your acceptance of the revised Terms.
How You May Use Our Materials
We use a diverse range of information, text, photographs, designs, graphics, images, sound and video recordings, animation, contents including third party contents, and other materials and effects (collectively "Materials") for the search services on the Platforms. We provide the Material through the Platforms FOR YOUR PERSONAL AND NON-COMMERCIAL USE ONLY.
While every attempt has been made to ascertain the authenticity of the Platforms content, ACUBE Tour Guides is not liable for any kind of damages, losses or action arising directly or indirectly, due to access and/or use of the content in the Platforms including but not limited to decisions based on the content in the Platforms which results in any loss of data, revenue, profits, property, infection by viruses etc.
Accordingly, you may view, use, copy, and distribute the Materials found on the Platforms for internal, non-commercial, informational purposes only. You are prohibited from data mining, scraping, crawling, or using any process or processes that send automated queries to ACUBE Tour Guides. You may not use the Platforms or any of them to compile a collection of listings, including a competing listing product or service. You may not use the Platforms or any Materials for any unsolicited commercial e-mail. Except as authorized in this paragraph, you are not being granted a license under any copyright, trademark, patent or other intellectual property right in the Materials or the products, services, processes or technology described therein. All such rights are retained by ACUBE Tour Guides, its subsidiaries, parent companies, and/or any third party owner of such rights.
How You May Use Our Marks
The name “ACUBE Tour Guides”, our logos, trade names, service names, design marks, slogans, and other brand elements (collectively, the “ACUBE Tour Guides Marks”) are proprietary brand assets of ACUBE Tour Guides and are used to identify our business, services, website, and related offerings. ACUBE Tour Guides may seek or obtain trademark and other intellectual property protection for these marks from time to time. All other trademarks, service marks, trade names, logos, and brand names appearing on our Platforms are the property of their respective owners. Nothing contained on the Platforms shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, service mark, trade name, logo, or other proprietary brand element without the prior written permission of its respective owner.
All copies that you make of the Materials available on any of our Platforms must retain all copyright, trademark, proprietary, and other applicable notices contained in or associated with the relevant Materials. You are not authorized to use the name “ACUBE Tour Guides,” our logos, or any other ACUBE Tour Guides Marks in advertising, publicity, promotional materials, commercial communications, social media, websites, applications, or in any other commercial or public manner without the prior written consent of ACUBE Tour Guides. Any unauthorized use, reproduction, modification, imitation, or representation of the ACUBE Tour Guides Marks may constitute an infringement of our intellectual property or other proprietary rights and may result in appropriate legal action. Requests for authorization to use any ACUBE Tour Guides Marks should be submitted in writing to support@atguides.com
How We May Use Information You Provide to Us
Do not send us any confidential or proprietary information. Except for any personally identifiable information that we agree to keep confidential as provided in our Privacy Policy, any material, including, but not limited to any feedback, data, answers, questions, comments, suggestions, ideas or the like, which you send to us will be treated as being non-confidential and non-proprietary. We assume no obligation to protect confidential or proprietary information (other than personally identifiable information) from disclosure and will be free to reproduce, use, and distribute the information to others without restriction. We will also be free to use any ideas, concepts, know-how or techniques contained in information that you send us for any purpose whatsoever including but not limited to developing, manufacturing and marketing products and services incorporating such information.
Reviews, Ratings & Comments by Users
Since, ACUBE Tour Guides provides information directory services through various mediums (SMS, WAP, E-Mail, Website, APP and voice or phone), your ("Users") use of any of the aforementioned medium to post Reviews, Ratings and Comments about the ACUBE Tour Guides services and also about the vendor's listed at ACUBE Tour Guides is subject to additional terms and conditions as mentioned herein.
You are solely responsible for the content of any transmissions you make to the website or any transmissions you make to any mediums offered by ACUBE Tour Guides and any materials you add to the website or add to any mediums offered by ACUBE Tour Guides, including but not limited to transmissions like your Reviews, Ratings & Comments posted by you(the "Communications"). ACUBE Tour Guides does not endorse or accept any of your Communication as representative of their (ACUBE Tour Guides) views. By transmitting any public Communication to the platforms, you grant ACUBE Tour Guides an irrevocable, non-exclusive, worldwide, perpetual, unrestricted, royalty-free license (with the right to sublicense) to use, reproduce, distribute, publicly display, publicly perform, adapt, modify, edit, create derivative works from, incorporate into one or more compilations and reproduce and distribute such compilations, and otherwise exploit such Communications, in all Platforms now known or later developed.
You confirm and warrant that you have the right to grant these rights to ACUBE Tour Guides. You hereby waive and grant to ACUBE Tour Guides all rights including intellectual property rights and also "moral rights" in your Communications, posted at ACUBE Tour Guides through any of mediums of ACUBE Tour Guides. ACUBE Tour Guides is free to use all your Communications as per its requirements from time to time. You represent and warrant that you own or otherwise control all of the rights to the content that you post as Review, Rating or Comments; that the content is accurate; that use of the content you supply does not violate these Terms and will not cause injury to any person or entity. For removal of doubts it is clarified that, the reference to Communications would also mean to include the reviews, ratings and comments posted by your Friend's tagged by you. Also ACUBE Tour Guides reserves the right to mask or unmask your identity in respect of your Reviews, Ratings & Comments posted by you.
ACUBE Tour Guides has the right, but not the obligation to monitor and edit or remove any content posted by you as Review, Rating or Comments. ACUBE Tour Guides cannot review all Communications made on and through any of the mediums of ACUBE Tour Guides. However, ACUBE Tour Guides reserves the right, but has no obligation, to monitor and edit, modify or delete any Communications (or portions thereof) which ACUBE Tour Guides in its sole discretion deems inappropriate, offensive or contrary to any ACUBE Tour Guides policy, or that violate this terms:
ACUBE Tour Guides reserves the right not to upload or distribute to, or otherwise publish through its Platforms any Communication which
- Is obscene, indecent, pornographic, profane, sexually explicit, threatening, or abusive;
- Constitutes or contains false or misleading indications of origin or statements of fact;
- Slanders, libels, defames, disparages, or otherwise violates the legal rights of any third party;
- Causes injury of any kind to any person or entity;
- Infringes or violates the intellectual property rights (including copyright, patent and trademark rights), contract rights, trade secrets, privacy or publicity rights or any other rights of any third party;
- Violates any applicable laws, rules, or regulations;
- Contains software viruses or any other malicious code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Impersonates another person or entity, or that collects or uses any information about platforms visitors.
It is also clarified that, if there are any issues or claims due to your posts by way of Reviews, Ratings and Comments, then ACUBE Tour Guides reserves right to take appropriate legal action against you. Further, you shall indemnify and protect ACUBE Tour Guides against such claims or damages or any issues, due to your posting of such Reviews, Ratings and Comments. ACUBE Tour Guides takes no responsibility and assumes no liability for any content posted by you or any third party on ACUBE Tour Guides platforms. You further acknowledge that conduct prohibited in connection with your use of the platforms includes, but is not limited to, breaching or attempting to breach the security of the website or any of the platforms of ACUBE Tour Guides.
You have represented that you shall not access information/data stored on ACUBE Tour Guides platforms and you shall not manipulate, modify or control such information/Data. You shall not misuse, engage in inappropriate conduct, fraudulent activity, or financial loss arising from chats, messages, calls, or other communications exchanged between you and the vendors.
You shall not host, display, upload, generate, modify, alter, publish, transmit, store, update, share or submit any content, material or information that is prohibited Synthetically Generated Information “SGI” under IT Act and rules framed thereunder. You further agree that in case any non-prohibited SGI is used by you, you shall be solely liable for the consequences of non-compliance as stipulated under IT Act and the rules made thereunder.
Privacy Policy
ACUBE Tour Guides is committed to protecting the privacy and confidentiality of any personal information that it may request and receive from its clients, business partners and other users of the Website. To read our privacy policy statement regarding such personal information please refer our PRIVACY POLICY
Content Disclaimer
ACUBE Tour Guides communicates information provided and created by vendors, content partners, software developers, publishers, marketing agents, employees, users, resellers and other third parties. While every attempt has been made to ascertain the authenticity of the content on the Platforms ACUBE Tour Guides has no control over content, the accuracy of such content, integrity or quality of such content and the information on our pages, and material on the Platforms may include technical inaccuracies or typographical errors, and we make no guarantees, nor can we be responsible for any such information, including its authenticity, currency, content, quality, copyright compliance or legality, or any other intellectual property rights compliance, or any resulting loss or damage. Further, we are not liable for any kind of damages, losses or action arising directly or indirectly due to any content, including any errors or omissions in any content, access and/or use of the content on the Platforms or any of them including but not limited to content based decisions resulting in loss of data, revenue, profits, property, infection by viruses etc.
All of the data on products and services including but not limited to, the prices and the availability of any product or service or any feature thereof, is subject to change without notice by the party providing the product or service. You should use discretion while using the Platforms.
ACUBE Tour Guides reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the Platforms. Where appropriate, we will endeavour to update information listed on the Website on a timely basis, but shall not be liable for any inaccuracies.
All rights, title and interest including trademarks and copyrights in respect of the domain name and Platforms content hosted on the Platforms are reserved with ACUBE Tour Guides. Users are permitted to read, print or download text, data and/or graphics from the Website or any other Platforms for their personal use only. Unauthorized access, reproduction, redistribution, transmission and/or dealing with any information contained in the Platforms in any other manner, either in whole or in part, are strictly prohibited, failing which strict legal action will be initiated against such users.
Links to external Internet sites may be provided within the content on Website or other Platforms as a convenience to users. The listing of an external site does not imply endorsement of the site by ACUBE Tour Guides or its affiliates. ACUBE Tour Guides does not make any representations regarding the availability and performance of its Platforms or any of the external websites to which we provide links. When you click on vendor banners, sponsor links, or other external links from the Website or other Platforms, your browser automatically may direct you to a new browser window that is not hosted or controlled by ACUBE Tour Guides.
ACUBE Tour Guides and its affiliates are not responsible for the content, functionality, authenticity or technological safety of these external sites. We reserve the right to disable links to or from third-party sites to any of our Platforms, although we are under no obligation to do so. This right to disable links includes links to or from vendors, sponsors, and content partners that may use our Marks as part of a co-branding relationship. Some external links may produce information that some people find objectionable, inappropriate, or offensive. We are not responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in any externally linked websites. We do not fully screen or investigate business listing websites before or after including them in directory listings that become part of the Materials on our Platforms, and we make no representation and assume no responsibility concerning the content that third parties submit to become listed in any of these directories.
All those sections in the Platforms that invite reader participation will contain views, opinion, suggestion, comments and other information provided by the general public, and ACUBE Tour Guides will at no point of time be responsible for the accuracy or correctness of such information. ACUBE Tour Guides reserves the absolute right to accept/reject information from readers and/or materials from vendors and impose/relax Platforms access rules and regulations for any user(s).
ACUBE Tour Guides also reserves the right to impose/change the access regulations of the Platforms, whether in terms of access fee, timings, equipment, access restrictions or otherwise, which shall be posted from time to time under these terms and conditions. It is the responsibility of users to refer to these terms and conditions each time they use the Platforms.
While every attempt has been made to ascertain the authenticity of the content in the Platforms, ACUBE Tour Guides is not liable for any kind of damages, losses or action arising directly or indirectly, due to access and/or use of the content in the Platforms including but not limited to any decisions based on content in the Platforms resulting in loss of data, revenue, profits, property, infection by viruses etc.
Warranty Disclaimer
Please remember that any provider of goods or services is entitled to register with ACUBE Tour Guides. ACUBE Tour Guides does not examine whether the vendors are good, reputable or quality sellers of goods / service providers. You must satisfy yourself about all relevant aspects prior to availing of the terms of service. ACUBE Tour Guides has also not negotiated or discussed any terms of engagement with any of the vendors. The same should be done by you. Purchasing of goods or availing of services from vendors shall be at your own risk.
We do not investigate, represent or endorse the accuracy, legality, legitimacy, validity or reliability of any products, services, deals, coupons or other contents or materials, including advice, ratings, and recommendations contained on, distributed through, or linked, downloaded or accessed from the Platforms.
References that we make to any names, marks, products or services of third parties or hypertext links to third party sites or information do not constitute or imply our endorsement, sponsorship or recommendation of the third party, of the quality of any product or service, advice, information or other materials displayed, purchased, or obtained by you as a result of any third party content or any other information or offer in or in connection with the Platforms.
Any use of the Platforms, reliance upon any Materials, and any use of the Internet generally shall be at your sole risk. ACUBE Tour Guides disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the search results in the Platforms.
THE MATERIAL AND THE PLATFORMS USED TO PROVIDE THE MATERIAL (INCLUDING THE WEBSITE ) ARE PROVIDED "AS IS"AND "AS AVAILABLE"WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. ACUBE TOUR GUIDES DISCLAIMS, TO THE FULLEST EXTENT PERMITTED UNDER LAW, ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE PLATFORMS AND MATERIALS. ACUBE TOUR GUIDES DOES NOT WARRANT THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ACUBE TOUR GUIDES DISCLAIMS ANY AND ALL WARRANTIES TO THE FULLEST EXTENT OF THE LAW, INCLUDING ANY WARRANTIES FOR ANY INFORMATION, GOODS, OR SERVICES, OBTAINED THROUGH LISTING, OR RECEIVED THROUGH ANY LINKS PROVIDED BY OR THROUGH THE PLATFORMS SOME COUNTRIES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM COUNTRY TO COUNTRY AND JURISDICTION TO JURISDICTION.
Disclaimer for "ACUBE Tour Guides Verified stamp, ACUBE Tour Guides Trusted Stamp", "ACUBE Tour Guides GUARANTEE" and "ACUBE Tour Guides Right"
"ACUBE TOUR GUIDES verified" means, the information related to name, address, contact details of the business establishments have been verified as existing at the time of registering any vendor with ACUBE Tour Guides. This verification is solely based on the documents as supplied by vendor/s or as per the details contained in Customer E-Registration Form.
"ACUBE TOUR GUIDES Trusted Stamp" indicates that the identity & information of the vendors/services, viz., name, address, contact details, business name has been verified on best effort basis, as existing, based on the documents/information furnished by the vendors/service providers. “ACUBE TOUR GUIDES Trusted Stamp” are also allocated to the vendor’s/service providers considering user’s reviews/ratings or any other criteria.
ACUBE Tour Guides strongly recommends to its users/callers to verify all relevant details of vendors/services prior to availing any products/services from them. ACUBE Tour Guides does not implicitly or explicitly endorse any product/s or services provided by the vendors/service providers.
The "ACUBE TOUR GUIDES Guarantee" and "ACUBE TOUR GUIDES Right" is a limited assurance offered by ACUBE Tour Guides that the name and contact information of the vendor and the category in which the vendor is listed by ACUBE Tour Guides, have been verified as existing and correct at the time of the vendor's application to register with ACUBE Tour Guides. ACUBE Tour Guides makes no representations or warranties, whether express or implied, including but not limited to warranties of the continued existence and/or operations of the vendor, or the quality, quantity, merchantability or fitness for use of the goods or services offered by the vendor.
Additional Disclaimer
Users using any of ACUBE Tour Guides services, across the following mediums, i.e., through internet i.e., www.atguides.com website, Wapsite, SMS, WhatsApp, phone numbers or any other medium or platforms are bound by this additional disclaimer wherein they are cautioned to make proper enquiry before they (Users) rely, act upon or enter into any transaction (any kind or any sort of transaction including but not limited to monetary transaction ) with the vendor listed with ACUBE Tour Guides. Users hereby acknowledge that users can avail various ACUBE Tour Guides services viz., through Corporate Numbers (VN) & Dynamic Numbers (DVN) mapped to vendor's primary contact number. Users understand that these services are primarily aimed to enhance operational efficiency or to provide seamless services, however, it doesn't imply any endorsement, certification, or guarantee of the vendor’s service or credentials by ACUBE Tour Guides.
All the Users are cautioned that all and any information of whatsoever nature provided or received from the vendor/s is taken in good faith, without least suspecting the bonafides of the vendor/s and ACUBE Tour Guides does not confirm, does not acknowledge, or subscribe to the claims and representation made by the vendor/s listed with ACUBE Tour Guides. Further, ACUBE Tour Guides is not at all responsible for any act of vendor/s listed at ACUBE Tour Guides
Limitation of Liability
IN NO EVENT SHALL ACUBE TOUR GUIDES BE LIABLE TO ANY USER ON ACCOUNT OF SUCH USER'S USE, MISUSE OR RELIANCE ON THE PLATFORMS FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, SPECIAL, PUNITIVE, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR DATA WHETHER BROUGHT IN WARRANTY, CONTRACT, INTELLECTUAL PROPERTY INFRINGEMENT, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY, EVEN IF ACUBE TOUR GUIDES ARE AWARE OF OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, ARISING OUT OF OR CONNECTED WITH THE USE (OR INABILITY TO USE) OR PERFORMANCE OF THE PLATFORMS, THE MATERIALS OR THE INTERNET GENERALLY, OR THE USE (OR INABILITY TO USE), RELIANCE UPON OR PERFORMANCE OF ANY MATERIAL CONTAINED IN OR ACCESSED FROM ANY PLATFORMS. ACUBE TOUR GUIDES DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT OR PROCESS DISCLOSED ON THE PLATFORMS OR OTHER MATERIAL ACCESSIBLE FROM THE PLATFORMS.
THE USER OF THE PLATFORMS ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS PLATFORMS AND THE INTERNET GENERALLY. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. SOME COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL USERS; IN SUCH COUNTRIES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
Third Party Sites
Your correspondence or business dealing with or participation in the of vendors or service providers listings or third party content found on or through the Platforms, including payment and delivery of related goods or services, and any other terms, conditions, and warranties or representations associated with such dealings, are solely between you and such vendors or service providers. You assume all risks arising out of or resulting from your transaction of business over the Internet, and you agree that we are not responsible or liable for any loss or result of the presence of information about or links to such vendors or service providers on the Platforms. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, authenticity, copyright compliance, legality, decency or any other aspect of the content, listing, products, services, or other materials on or available from such sites or resources. You acknowledge and agree that your use of these linked sites is subject to different terms of use than these Terms, and may be subject to different privacy practices than those set forth in the Privacy Policy governing the use of the Platforms. We do not assume any responsibility for review or enforcement of any local licensing requirements that may be applicable to businesses listed on the Platforms.
Monitoring of Materials Transmitted by You
Changes may be periodically incorporated into the Platforms. ACUBE Tour Guides may make improvements and/or changes in the products, services and/or programs described in these Platforms and the Materials at any time without notice. We are under no obligation to monitor the material residing on or transmitted to the Platforms. However, anyone using the Platforms agrees that ACUBE Tour Guides may monitor the Platforms contents periodically to (1) comply with any necessary laws, regulations or other governmental requests; (2) to operate the Platforms properly or to protect itself and its users. ACUBE Tour Guides reserves the right to modify, reject or eliminate any material residing on or transmitted to its Platforms that it, in its sole discretion, believes is unacceptable or in violation of the law or these Terms and Conditions.
Deletions from Service
ACUBE Tour Guides will delete any materials at the request of the user who submitted the materials or at the request of a vendor who has decided to "opt-out" of the addition of materials to its listing, including, but not limited to ratings and reviews provided by third parties. ACUBE Tour Guides reserves the right to delete (or to refuse to post to public forums) any materials it deems detrimental to the system or is, or in the opinion of ACUBE Tour Guides, may be, defamatory, infringing or violate of applicable law. ACUBE Tour Guides reserves the right to exclude Material from the Platforms. Materials submitted to ACUBE Tour Guides for publication on the Platforms may be edited for length, clarity and/or consistency with ACUBE Tour Guides editorial standards.
Indemnification
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms, your violation of any law, or your violation of the rights of a third party, including the infringement by you of any intellectual property or other right of any person or entity. These obligations will survive any termination of the Terms.
Miscellaneous
These Terms will be governed by and construed in accordance with the Indian laws, without giving effect to its conflict of law’s provisions or your actual state or country of residence, and you agree to submit to personal jurisdiction in India. You agree to exclude, in its entirety, the application to these Terms of the United Nations Convention on Contracts for the International Sale of Goods. You are responsible for compliance with applicable laws. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, the remainder of the Terms will continue in full force and effect. These Terms constitute the entire agreement between us and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter of these Terms. Any waiver of any provision of the Terms will be effective only if in writing and signed by you and ACUBE Tour Guides. ACUBE Tour Guides reserves the right to investigate complaints or reported violations of these Terms and to take any action we deem necessary and appropriate. Such action may include reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties. In addition, we may take action to disclose any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information. ACUBE Tour Guides reserves the right to seek all remedies available at law and in equity for violations of these Terms.
Notices. All of our notices, demands and other communications must be in writing and will be deemed to have been given (a) if mailed by certified mail, postage prepaid, (b) if delivered by overnight courier, (c) if sent by facsimile transmission and such transmission is confirmed as received, or (d) if sent by electronic mail, and such message is confirmed as received, in each case to the address, fax number or e-mail address specified on the Order for the recipient of such notice. All of your notices, demands and other communications must be in writing and will be deemed to have been given (a) if mailed by certified mail, postage prepaid or if delivered by overnight courier, to our address: ACUBE Tour Guides, Plot 19 A, Chord Line-Station Road, Near Over Bridge, Daund, Tal- Daund, Dist- Pune, Maharashtra, India. PIN- 413801
Force Majeure. In no event shall ACUBE Tour Guides or its Platform have liability or be deemed to be in breach hereof for any failure or delay of performance resulting from any governmental action/restriction, fire, flood, insurrection, earthquake, epidemic, pandemic, power failure, network failure, technical glitch, computer contaminant, riot, explosion, embargo, strikes (whether legal or illegal), terrorist act, labour or material shortage, transportation interruption of any kind or work slowdown or any other condition not reasonably within our control.
Indemnification. You agree to indemnify ACUBE Tour Guides, its directors, officers and employees and hold them harmless from and with respect to any claims, actions, liabilities, losses, expenses, damages and costs (including, without limitation, actual attorneys' fees) that may at any time be incurred by them arising out of or in connection with these Terms or any Listing Products or services you request, including, without limitation, any claims, suits or proceedings for defamation or libel, violation of right of privacy or publicity, criminal investigations, infringement of intellectual property, false or deceptive content or sales practices and any virus, contaminating or destructive features.
Telephone Conversations. All telephone conversations between you and us about your content may be recorded and you hereby consent to such monitoring and recordation.
Arbitration. Any disputes and differences whatsoever arising in connection with these Terms shall be settled by Arbitration in accordance with the Arbitration and Conciliation Act, 1996.
- All proceedings shall be conducted in English language.
- Unless the Parties agree on a sole arbitrator there shall be three Arbitrators, one to be selected by each of the parties, and the third to be selected by the two Arbitrators appointed by the parties.
- The venue of Arbitration shall be in Pune, India.
Entire Agreement. These Terms constitutes the entire agreement between you and us with respect to the subject matter of these Terms and supersedes all prior written and all prior or contemporaneous oral communications regarding such subject matter. Accordingly, you should not rely on any representations or warranties that are not expressly set forth in these Terms. If any provision or provisions of these Terms shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. In relation to any complaints or concerns, you can email to us at "support@atguides.com"