TERMS OF USE
Date of Latest Version: 11/1/2022
Please read the terms below carefully before using our website located at townbuddytravel.com and/or
the TownBuddy application (collectively, "Platform"). Our Platform is operated by MBTON Technologies
Private Limited , a company registered under the Companies Act, 2013, having its registered office
at Adarsha Nagar, Malur Town, Kolar District 563130 ("we"/"us"/"TownBuddy"). By using our Platform
you confirm that you accept these terms of use along with the documents referred to in it
(collectively, "Terms") and that you agree to comply with them. Your continued use of the Platform
will constitute acceptance of these Terms, as revised from time to time. If you do not agree to
these Terms you must not access the Platform, or avail any services from us.
1. Definitions
"Device" means any computer, mobile phone, tablet, console or other device.
"Sender" means any User who uses the Platform to transport shipments through a Traveler.
"Shopper" means any User who uses the Platform to purchase products through a Traveler.
"Recipient" means the recipient of the products purchased by the Shopper/shipped by the Sender
through the Traveler.
"Traveler" means any User who carries the shipments on behalf of a Sender contacted through the
Platform.
"User"/"You" means anyone who uses or accesses the Platform on a Device including Senders, Shoppers
and Traveler, and includes their heirs, successors and legal assigns.
2. Terms are Subject to Change
We reserve the right to update or modify these Terms at any time without prior notice.
Your access to and use of the Platform following any such change constitutes your agreement to
follow and be bound by these Terms as updated or modified.
For this reason, we encourage you to review these Terms each time you access or use the Platform.
3. Competency to Contract
You represent and warrant that you are eligible to enter into a legally binding agreement and to be
bound by these Terms. You will not access or use the Platform if you are not competent to contract
under the laws of India.
If you represent a company, partnership firm or sole proprietorship, you will be eligible to access
the Platform or services we provide and their features on its behalf only if you have been duly
authorized by way of necessary corporate action as may be statutorily prescribed and as required
under the charter documents of such entity.
4. Purpose of the Platform
TownBuddy's purpose is to provide a Platform where Senders/Shoppers and Traveler can connect and
engage with each other
to carry shipments from place to place without requiring intervening courier services or to purchase
products either domestically or
internationally through Traveler.
TownBuddy establishes a peer to peer network that allows Senders/Shoppers and Traveler to contact
each other for the purchase and/or private delivery of goods.
We receive a commission for each engagement between a Sender/Shopper and a Traveler, but we are not
related to any Sender/Shopper or Traveler, and do not endorse any Sender/Shopper or Traveler listed
on the Platform.
Under no circumstance will TownBuddy be considered:
As a carrier of the shipment;
As an owner or operator of transportation services;
As a logistics or shipping company; or
As a seller, manufacturer, packager, importer or advertiser of the product/shipment.
5. How It Work
TownBuddy operates on two models:
The first model connects Senders and Traveler for the shipment of goods.
The second model connects Shoppers and Traveler for the purchase and delivery of products.
The use of the Platform begins with User registration. TownBuddy carries out a background check of
the Senders and Traveler registered on its Platform by using their mobile number, organizational
email ID and government issued photo ID.
Sender will upload the shipment's delivery details and quotation. In alternative, a Shopper will
upload details of the product to be purchased. The Sender/Shopper will upload such details under the
relevant category on the Platform. If there is no appropriate category the senders/shopper
understands that the Platform doesn't presently support the shipment/product and will not use the
platform for it's carriage. A Traveler will upload the available baggage weight, departure and
arrival date pertaining to his or her travel.
Upon the completion of verification Users may connect with the Sender/Traveler/Shopper and send a
request to one among the listed Traveler/Senders/Shoppers and the party receiving the request may
accept the same.
The Sender/Shopper will then transfer the total payment due towards the transaction including the
Traveler reward , convenience fees due to TownBuddy, Transaction fee due to payment processor, taxes
thereon and the price of the product in case of a purchase on behalf of a Shopper to TownBuddy and
TownBuddy will hold the same in escrow.
The Traveler will purchase the product on behalf of the Shopper and carry out all expenditure on
behalf of the Sender/Shopper for carriage of the shipment/product including the payment of taxes,
fees and other dues at his own expense. This will later be reimbursed by the Sender/Shopper in
accordance with the procedure laid out in these Terms.
Once a traveler has purchased a product/ received a shipment from Sender, it is recommended that the
traveler open the parcel and inspect it to ensure that everything is in order. If the traveler
receives a damaged/incorrect product or shipment, the traveler has the option to return the product
to the online/offline store/ to the sender. This would avoid any dispute at the time of handover of
the product/ shipment to receiver.
Currency conversion, if any, in payments, will occur at the prevailing market rate and any fees or
charges due towards such conversion will be borne by the Sender/Shopper.
In case of shipments, once the Traveler and the Sender agree to a time for the handover of the
shipment, the two will meet. TownBuddy recommends that Users meet only in a public place to handover
the shipment at a mutually convenient location. The shipment must be an open parcel that the Sender
and the Traveler must check the shipment at such location before handover/acceptance of the
shipment. The Traveler may, despite having agreed to carry a shipment/purchase a product, refuse to
do so, if the Traveler is of the opinion that such shipment/product or its purchase or carriage is
not in accordance with the shipment/product details uploaded on the Platform, these Terms, illegal
or in contravention of applicable law. Upon checking of the parcel, the Traveler will confirm that
the shipment has been picked up using an OTP generated through the Platform.
Once the Travelers status has been updated as "in transit" on the Platform, the Sender will not be
allowed to cancel the shipment transaction. All cancellation made prior to status being updated as
"in transit" and arrangements for return of the shipment will be mutually agreed to between the
Sender and the Traveler, and TownBuddy will not be liable for the same.
In case of purchases, the Traveler will upload the invoice upon purchasing the product on the
Platform. It is to be noted that the Shopper may not cancel the order if the Traveler has already
purchased the product and the product cannot be returned. If the Traveler confirms that the product
has not been purchased, or can be canceled or returned, the Shopper may cancel the transaction on
mutual agreement between the Shopper & the Traveler .
The Traveler will then upload the details required for TownBuddy to keep track of the
shipment/product on the Platform.
Upon completion of the travel the Traveler will handover the shipment/product to the Recipient at
the designated place and time, and the Recipient will examine the shipment/product and confirm the
same by sharing an OTP and the transaction or deal will be deemed to be completed at such point. The
designated place for handover of the shipment/product must mandatorily be public place and mutually
agreed to between the Sender/Shopper and the Traveler.
TownBuddy will then transfer the Traveler reward to the Traveler within 2-3 (two to three) business
days from the date of delivery.
TownBuddy merely receives a commission equivalent to 3% (Three percent) of the total payment due
from a Sender/Shopper to the Traveler for a shipment/purchase. The Traveler's reward is negotiated
between the Sender/Shopper and the Traveler. TownBuddy does not determine the Traveler's reward due
for any carrying contract or the taxes or fees applicable thereto.
All payments will be made by TownBuddy through Razorpay's payment(2.4% of total transaction amount
will be paid to razor pay for each transaction and such cost should be borne by the Sender/Shopper)
system on razorpay.com or a similar payment service provider as determined by TownBuddy.
In case of cancellation by the Traveler, of a carrying contract, TownBuddy will refund the payment
made by the Sender/Shopper, less the fees due towards the payment service provider.
In case of cancellation by the Sender/Shopper, of a carrying contract, TownBuddy will refund the
payment made by the Sender/Shopper, less the fees due to TownBuddy and the fees due towards the
payment service provider.
6. Carrying Contract
The contract for the carriage of the shipment/purchase of the product will be exclusively between
the respective Sender/Shopper and the Traveler accepting the shipment/purchase order. We are not
privy to the said contract, and cannot be made a party to it, either explicitly or by implication.
We do not guarantee that the engagements entered into by the Senders/Shoppers and Traveler through
the Platform will result in carrying contracts between such parties, and we do not guarantee the
execution or conclusion of such engagements.
In order to enter into a carrying contract, the User must be of at least 18 (eighteen) years of age
and competent to contract in accordance with the laws of India and all other applicable laws.
7. Representations and Warranties
The User is aware of and in compliance with all applicable domestic and international laws, and will
continue to be compliant as long as the User is accessing and/or using the Platform.
The User does not have any prior criminal conviction of any kind.
The User is under no contractual or other restrictions or obligations that are inconsistent with the
execution of these Terms or that will interfere with the performance of its obligations under these
Terms.
The User has, and will obtain in future, all government approvals necessary, if any, to use the
Platform or enter into a carrying contract.
TownBuddy and the User have no agency, affiliation, association, endorsement or connection in any
manner whatsoever.
The Users are verified professionals working in the corporate sector and are not our employees,
attendants, agents or representatives. We do not exercise supervisory powers or control over Users.
All information uploaded or conveyed by the User including the details of the shipment/product, the
available baggage weight, departure and arrival date, taxes, fees, duties, number of similar items
carried, etc. must be accurate, true and not misleading.
The User will not host, display, upload, modify, publish, transmit or share any information through
the Platform that: (a) is unlawful, harassing, threatening, invasive, libellous, defamatory, or that
would otherwise violate applicable law; (b) contains nudity, obscenity or sexually explicit content;
(c) may disparage any ethnic, racial, sexual or religious group or is otherwise abusive or
inflammatory; (d) depicts or promulgates the use of drugs; (e) contains offensive language or
images; (f) incites violence or characterises violence as acceptable; (g) contains unsolicited
promotions, political campaigning, advertising or solicitations; (h) contains private or personal
information about another User or person; (i) contains corrupted data or other harmful, disruptive
or destructive viruses, trojan horses, harmful code, denial-of-service attacks, packet or IP
spoofing or other similar technology; (j) is in infringement of a third party's intellectual
property rights; or (k) belongs to another person that you have no right to.
The User will not create multiple or duplicitous accounts.
The User will not misuse the Platform or any referral systems contained therein.
The User will not utilize the Platform for commercial purposes. You agree and acknowledge that you
are not a professional transporter.
8. User Guidelines
The User will not use the Platform, or contact other Users through the Platform for any purpose
other than to enter into a carrying contract for the carriage of shipments/products.
You agree not to use the Platform for any purpose that is unlawful under any applicable law or in
violation of these Terms and/or our Privacy Policy.
You will not use the Platform in a manner that could damage, disable, overburden or impair our
server or any network connected thereto, or interfere with any other person's use and enjoyment of
the Platform. You will not attempt to gain unauthorized access to any functions or features, other
user accounts, computing systems or networks connected to any TownBuddy server in any manner
including through hacking, password mining or any other means. You will not obtain or attempt to
obtain any materials or information through any means which is intentionally not made available
through the Platform.
You will not use the Platform to transport shipments/purchase products that cannot be legally
transported, owned, possessed, exported or imported in the country of origin, destination and/or
transit. This obligation applies to both Senders/Shoppers and Travelers using the Platform. The
Users will ensure that the shipment/product does not contain any item or good that is prohibited or
restricted from transport including, among other things, alcoholic beverages; weapons and materials
that can be used to produce them; medication, herbal supplements or narcotic drugs; items that are
of a sexual/adult nature (e.g. pornography); items that are of an offensive and violent nature,
including items associated with hate organizations (e.g. torture devices, snuff films); live
animals; foodstuff and other processed and unprocessed animal and vegetable products; currency and
the equipment used in the production thereof; tobacco and tobacco-related items; embargoed-goods;
items that violate copyright or trademark laws, beta software, bootleg recordings, items that would
enable duplication of copyrighted material, counterfeit items; stolen property; testers or replica
perfumes or cosmetics; any other such items as prescribed by applicable law.
The Platform will not be used for the transportation of any shipments/Products that is not supported
by the Platform in it's category listings and such shipments/products will be considered prohibited
for the purposes of these Terms.
The Platform is made available to you for your own use and you will not attempt to copy, reproduce,
alter, modify, reverse engineer or create derivatives of the Platform or allow third parties to do
so.
You are responsible for any and all activities that occur in your account including all financial
responsibility arising from such activity. You accept that any and all operations emanating from
your Device will be assumed to have been initiated by you. You agree to notify TownBuddy immediately
of any unauthorized use of your account, suspicious activity or any other breach of security.
TownBuddy will not be liable for any loss to you or any third person owing to the negligent actions
or failure on your part to inform TownBuddy of any loss or theft of your Device or any unauthorized
access of your account within a reasonable time.
You will be liable for losses incurred by TownBuddy or any other party due to a third party's use of
the account. You will not use any other person's account without the express permission of the
account holder and TownBuddy.
TownBuddy will make all reasonable effort to ensure that your information is kept confidential.
However, TownBuddy will not be responsible for any disclosure or leakage of confidential information
or loss or damage to the Device due to theft, negligence or failure on your part to practice safe
computing.
You understand and acknowledge that by using the Platform you appoint and authorize TownBuddy to act
as an agent on your behalf for the purposes of collecting and making payments pursuant to any
engagement or carrying contract that you may enter into on the Platform.
You will ensure that you comply with all prevailing and applicable laws, rules and regulations while
using the Platform and its features and TownBuddy will not be liable in any manner whatsoever for
any default by you in doing so.
You understand and acknowledge that upon using the Platform you authorize us to access third party
sites when designated by you, on your behalf, to retrieve such information required to register the
account requested by you. To this end, you grant us the power to do so and acknowledge and agree
that when we access and retrieve information from third party sites we are acting as your agent.
9. Other Conditions
The Users agree that they are entering into the carrying contract in their personal capacity.
The Traveler agrees that the travel being undertaken is private in nature. Any engagement being
undertaken pursuant to a carrying contract during professional travel will require prior consent of
the Traveler's employer and TownBuddy.
Other than as expressly agreed to between the Sender/Shopper and the Traveler, the Traveler's
expenses and costs are the sole responsibility of the Traveler.
All information posted on the Platform shall be posted at the sole risk of the User, and TownBuddy
will not be liable for the accuracy, reliability thereof or its compliance with applicable law.
The Users are required to be active on the Platform and respond to the communication of other Users
with whom they have entered into a carrying contract, or whose deal they have accepted or booked.
TownBuddy reserves the right to take action against inactive Users, including suspension or
termination of such Users account as determined in its sole discretion.
In case of shipments, the Sender is responsible for packaging the shipment appropriately prior to
transportation so as to protect the shipment from damage or deterioration.
The Traveler must ensure that the shipment received/product purchased matches the description and/or
price of the shipment/product uploaded on the Platform by the Sender/Shopper and must not accept any
shipment/ purchase a product that differs from such description and/or price.
In case of purchases, the Traveler must maintain all original receipts and evidence of ownership in
case of the purchase of products on behalf of a Shopper.
The Traveler must ensure that the shipment/product is carried without causing any harm, breakage or
damage thereto, and in accordance with legal requirements. The Traveler will be responsible for any
loss, theft, negligence or damage caused to the shipment/product when in transit and will be liable
to reimburse the Senders/Shoppers for the lost or damaged shipment/product at it's actual cost.
The Sender/Shopper is responsible for the payment of all taxes and fees incurred on the
shipment/product including customs duty, if any, and must inform himself or herself as well as the
Traveler of such taxes and fees that may arise from a carrying contract. The Sender/Shopper must pay
the same in advance prior to the trip and in accordance with applicable law. All unavoidable
expenses incurred by the Traveler pursuant to the carrying contract, whether or not anticipated by
the Sender/Shopper will be charged to him or her and TownBuddy will not be liable in any situation
for such payment, or penalties arising therefrom.
In case any additional customs duty, taxes or fees are leviable due to misrepresentations, false or
inaccurate statements made by the Traveler, including statements or representations concerning the
number of similar items being carried, the Traveler will be liable for all such additional duty,
taxes or fee.
It is recommended that:
All fragile objects are packaged appropriately, with sufficient disclaimer being made to this
effect.
All shipments must be open parcels and the Traveler must not accept any closed parcels.
Electronic devices are tested and their working condition is determined prior to transportation.
Photographs are taken of the shipment/product prior to transportation as proof thereof.
Traveler examine the item and its packaging before transportation.
Traveler refuse suspicious shipments.
The Users undertake all other actions as is necessary to establish good delivery of the
shipment/product.
TownBuddy will not be liable for the delivery of the shipment/product in case of failure of the
Recipient to be available at the place and time agreed to, or to receive the shipment/product and
such shipment/product will be deemed to have been delivered for all purposes.It is the sole
liability of the Sender/Shopper to ensure that the Recipient is available at the place and time
agreed to, to receive the shipment/product.
TownBuddy will not be liable to return the shipment to the Sender or make alternative arrangements,
on failure of the Traveler to carry the shipment during his or her departure, and the Traveler will
be solely responsible for the same.
The Platform facilitates Users to communicate directly with each other. TownBuddy has no general
duty to carry out surveillance or monitor such messages, however, TownBuddy may do so at its sole
discretion so as to counter fraud and ensure compliance with these Terms and the User agrees to such
monitoring.
Users will not, in any manner, circumvent the use of the Platform or contact each other outside of
the Platform to initiate shipments/purchases. The Users will be liable to pay TownBuddy its fee as
per these Terms for all such transactions.
TownBuddy will not be held liable whatsoever for the loss, deterioration, theft or loss of the
shipment/product, or failure by the Traveler to deliver the shipment/product at the time, or in the
manner agreed to by the Users among themselves and the Traveler Will remain solely responsible for
the same.
The Recipient may refuse to accept delivery of the shipment/product if it does not match the
description or specification of the shipment/product uploaded by the Sender/Shopper on the Platform.
The Recipient may also refuse to accept delivery of the shipment/product if it is damaged, used, or
not in the condition agreed to between the Users or represented by the Traveler.
TownBuddy may, in instances of dispute between the Sender/Shopper and Traveler, suspend payment
until the resolution of the dispute, whereafter TownBuddy may either pay or return the amount due,
less its fees and the fees due toward the payments service provider.
While TownBuddy may at its sole discretion, use its best efforts to facilitate the settlement of
disputes, TownBuddy will not be made a party to any dispute that may arise between the Users with
regard to the carrying contract or the use of the Platform.
Our Platform may contain links to third party sites that are not operated by us. If you click on a
third party link, you may be redirected to such third party's site. Our Platform may also display
content from third parties or require services to be provided by third parties. We have no control
over, and assume no responsibility for the services, content, privacy policy, terms of use or
practices of such third party.
We advise you to separately review the terms of such third parties.
10. Intellectual Property
We may, in our sole discretion, permit you to upload, publish or post content ("User Content") on
the Platform. By doing so, you grant us an irrevocable, worldwide, perpetual, non-exclusive,
transferable, royalty-free licence along with the right to sub-licence, modify, distribute, use,
adapt, copy and otherwise exploit User Content.
All the content on the Platform, including, among other things, the page headers, images,
illustrations, graphics, logo, audio clips, video clips, text, trademarks and trade names ("Service
Content") constitute our and our licensors' intellectual property. Intellectual property rights laws
including copyright laws in all applicable jurisdictions protect the Platform and the Service
Content.
You may access the Platform, avail its features and facilities, and utilize the Service Content for
your personal or internal requirements only.
You are not entitled to duplicate, distribute, create derivative works of, display or commercially
exploit the Service Content, features or facilities, directly or indirectly, without our prior
written permission. If you would like to request permission to commercially exploit any Service
Content you must contact us in the manner prescribed in these Terms.
We are the sole owners of the underlying software and source code associated with the Platform and
all trademarks, copyright and any other intellectual property rights of any nature in the Platform.
11. User Account, Password and Security
You have the option to set a security password when registering yourself on the Platform. You are
responsible for maintain the confidentiality of the password and the account. You agree to
immediately notify us of any unauthorized use of your password or account or any other breach of
security and you will ensure that you log out of your account at the end of each session. We will
not be liable for any loss or damage arising from your failure to comply with this clause.
You acknowledge that the deletion of the Platform from your Device does not constitute termination
of your account and you have to undertake the process of de-registration. You will have to provide
TownBuddy a written request to have your name and other details removed from our records.
12. Customer Communications
By accepting these Terms, you consent to be contacted by us, our agents, representatives, affiliates
or anyone contacting you on our behalf at any contact number or address provided by you while
registering with us. You agree to us contacting you in any manner including SMS, calls, emails,
automatic texting and notifications via the Platform.
You certify, warrant and represent that the contact details and any other information you have
provided to us are your own and not someone else's and that they are true, accurate, current and
complete. You agree to notify us when you stop using a particular contact number or address.
13. Indemnification
You agree to protect, defend and indemnify us and hold us and our representatives harmless from and
against any and all claims, damages, costs and expenses, including attorney's fees, arising from or
related to your access and/or use of the Platform in violation of these Terms, or your infringement
of any intellectual property rights in the course of such access or use. The terms of this provision
survive the termination of these Terms.
14. Disclaimer of Warranties
The Platform and our services and their features are provided on an "as is" basis. We expressly
disclaim all warranties, whether express or implied, including warranties of merchantability,
fitness for a particular purpose and non-infringement.
TownBuddy will make reasonable efforts to make available the Platform at all times. However, we make
no warranty that they will meet your requirements, be uninterrupted, timely, secure or error free.
We do not make any warranty as to the facilities that may be obtained from the use of the Platform
or the reliability or quality thereof.
The User must take all reasonable precautions while meeting with other Users contacted through the
Platform. TownBuddy will not be liable for any resulting loss, damage or other incidents that may
occur.
TownBuddy does not determine the taxes, fees or duties applicable on shipments/products.
TownBuddy does not provide insurance in any form or manner on the shipment or transportation
thereof.
TownBuddy bears no responsibility in case of any loss caused to a User due to the failure of the
payment service provider or the Sender/Shopper in making the appropriate payment.
TownBuddy will not be liable for the loss or damage of confidential information or data of the User
arising as a result of an event or a series of related events that is beyond the control of
TownBuddy including failures or problems with the internet, attempted hacker attacks, hacker
attacks, denial or service attacks, virus or malicious software attacks or infections and other
events of like nature.
Any services or features availed through the Platform is done at your own discretion and risk and
you are solely responsible for any damage that results therefrom. TownBuddy does not verify the
criminal background of Users on its Platform. We only provide a platform enabling engagement between
Senders/Shoppers and Traveler. We are not liable for, among other things, any actions or inactions
of transaction counterparts nor any fraud, misrepresentation, misconduct, breach of conditions,
representations or warranties by such parties and we expressly disclaim all liability in this
regard. No advice or information, whether oral or written, obtained by you from us, creates any
warranty not expressly stated in these Terms.
15. Limitation of Liability
To the maximum extent allowed by law, you acknowledge and agree that the entire risk arising out of
your access to and use of the Platform and any relationship arising therefrom between you and
TownBuddy or among Users remains with you. TownBuddy shall not be responsible for any customs duty
or other legal or contractual issues that may arise from the carrying contract between the
Sender/Shopper and the Traveler, or for any loss or damages whatsoever arising out of the carrying
contract or any other engagement arising from or in relation to use of the Platform.
In no event will TownBuddy or its subsidiaries, affiliates, officers, directors, investors,
employees, partners, agents or licensors be liable for any direct, indirect, punitive, incidental,
special or consequential damages or for any loss or damages whatsoever based on contract, tort,
negligence, strict liability or otherwise including damages for loss of use, data or profits,
unauthorized access to, or alteration of your data, or your inability to use the Platform, or any
other loss arising out of or in any way connected with the access, use or performance of the
Platform or its features including interruptions, delays, etc. even if TownBuddy was advised of the
possibility of damages. This clause will survive the termination of these Terms.
16. Termination
TownBuddy may suspend or terminate your use of the Platform for any reason whatsoever and at any
time, with or without giving notice of the suspension or termination to you. Upon such suspension or
termination, any rights granted to you with regard to the Platform will stand terminated and you
must cease using it.
17. Updates
TownBuddy reserves the right to update the Platform, in order to, among other things, increase
efficiency, optimize user interface and add new facilities from time to time. Update packages may be
sent to your Device for download and installation. You agree to install the updates from time to
time and acknowledge that TownBuddy will only be able to provide account support for the Platform if
you ensure to install all updates upon receiving a notification for the same.
18. Independence from Platforms
The Platform is independent from any application store or platform on which it is located. It is not
associated, affiliated, sponsored, endorsed or in any way linked to any application store or
platform operator. Your downloading, installation, access to or use of the Platform is also bound by
the terms and conditions of the application store or platform operator.
19.Remedies
The rights, powers, privileges and remedies provided under these Terms are cumulative and not
exclusive of rights, powers, privileges or remedies provided by applicable law. These Terms do not
prevent TownBuddy from enforcing its rights under applicable law. TownBuddy, in addition to other
remedies available to it, is entitled to seek (i) a decree or order of specific performance to
enforce the observance of the Terms and/ or (ii) an injunction restraining a breach or threatened
breach of the Terms.
20. Severability
If any provision of these Terms is held to be illegal, invalid or unenforceable under any present or
future laws such provision will be replaced with another which is not unenforceable or prohibited
and which as far as possible has the same legal and commercial effect as that which it replaces.
Further, the remaining provisions of the Terms will remain in full force and effect and will not be
affected by the illegal, invalid or unenforceable provision or by its severance from these Terms.
21. Waiver
Any failure on part of TownBuddy to require performance of any provision of these Terms will not
affect its right to full performance of such provision at any time thereafter, and any waiver by
TownBuddy of a breach of any provision of these Terms will not constitute a waiver of a similar
breach in the future or any other breach.
22.Entire Agreement
These Terms contain the entire agreement, and supersede all prior and contemporaneous understandings
between the parties regarding their subject matter.
23. Assignment
You will not assign or transfer any rights, obligations or privileges you have under these Terms
without the prior written consent of TownBuddy. These Terms are binding on the successors and
permitted assigns of both parties. Any assignment or transfer in violation of this clause will be
deemed void.
24. Headings
All headings used in these Terms are for convenience only and shall not be used to limit or
interpret the Terms.
25. Validity of Terms
These Terms apply when you access or use our Platform and will remain valid for as long as you
continue to do so.
26. Arbitration, Governing Law and Jurisdiction
These Terms and the Privacy Policy will be governed and construed in accordance with the laws of
India. By using our Platform, you irrevocably consent to the reference of all disputes that arise
out of or in relation to your access to and/or use of the Platform to an arbitral tribunal
comprising of a sole arbitrator appointed by TownBuddy. The arbitration proceedings will be governed
by the Arbitration and Conciliation Act, 1996 and the rules framed under it. The venue, place and
seat of the arbitration will be Bengaluru, India and the language of the arbitration proceedings
will be English. The award rendered will be in writing, with the reasons for the decision. The award
will allocate or apportion the costs of the arbitration as the arbitral tribunal considers fair. The
award made will be final and binding on the parties thereto. Subject to arbitration as described
above, you irrevocably consent to the exclusive jurisdiction and venue of courts in Bengaluru,
India, in the event of such a dispute.
27. Contacting Us
#581, 2nd Floor, 3rd Sector, HSR Layout, Bangalore 560102
Email ID: contactus@townbuddytravel.com.