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.