AGREEMENT BETWEEN CUSTOMER AND MEGABYTE TRAVELS & TOURS PVT. LTD.
The website megabytetravels.com and the megabytetravels mobile application (together the 'Website') is offered to you, the customer, by Megabyte Travels & Tours Pvt. Ltd. Nagpokhari, Kathmandu, 44600, Nepal. ('Megabyte Tavels' or 'us'), conditioned on your acceptance without modification of the terms, conditions and notices contained herein. Your use of this Website constitutes your agreement to all such terms, conditions, and notices. If you do not agree with these terms and conditions then you are not authorised to use this Website.
USE OF THE WEBSITE
The content and information on this Website (including, but not limited to, price and availability of travel services), as well as the infrastructure used to provide such content and information, is proprietary to us or our Suppliers and providers. While you may make limited copies of your travel itinerary (and related documents) for travel or services booked through this Website, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Website. Additionally, you agree not to:
(i) use this Website or its contents for any commercial purpose;
(ii) make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand;
(iii) access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
(iv) violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
(v) deep-link to any portion of this Website (including, without limitation, the purchase path for any travel services) for any purpose without our express written permission; or
(vi) "frame", "mirror" or otherwise incorporate any part of this Website into any other website without our prior written authorization.
If your booking or account shows signs of fraud, abuse or suspicious activity, Megabyte Travels may cancel any bookings associated with your name, email address or account, and close any associated megabytetravels.com accounts. If you have conducted any fraudulent activity, Megabyte Travels reserves the right to take any necessary legal action and you may be liable for monetary losses to Megabyte Travels, including litigation costs and damages. To contest the cancellation of a booking or freezing or closure of an account, please contact Customer Service on +977-1-4415717.
REVIEWS, COMMENTS, PHOTOS AND OTHER SUBMISSIONS
From time to time we may offer customers incentives to leave hotel reviews (ie hotel discount coupons/entry into prize draws etc). As it is important to us that hotel reviews are impartial and honest, these incentives will be available to customers regardless of whether the hotel review is positive or negative.
You are fully responsible for the content of your Submissions, (specifically including, but not limited to, reviews posted to this Website). You are prohibited from posting or transmitting to or from this Website: (i) any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law; (ii) any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); and (iii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this Website. You acknowledge that Megabyte Travels may exercise its rights (e.g. use, publish, delete) to any content you submit without notice to you. If you submit more than one review for the same hotel/travel product, only your most recent submission is eligible for use.
All content submitted is subject to our Community Guidelines. In addition photos submitted are subject to the Photo Submission Guidelines below.
Any photos you submit must be:
Megabyte Travels claims no affiliation with, or endorsement of any photos that are submitted by end users through our sites.
Megabyte Travels's, policies with respect to claims by third parties that the content of the Website, including the content of any Submissions, infringes the copyrights owned by said third party can be found in the Claims of Copyright Infringement section below.
The Google® Translate tool is made available on this Website to enable you to translate content such as user-generated hotel reviews. The Google® Translate tool uses an automated process to translate text and this may result in inaccuracies. Your use of the Google® Translate tool is entirely at your own risk. Megabyte Travels, does not warrant or make any promises, assurances or guarantees as to the accuracy or completeness of the translations provided by Google® Translate.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. IN PARTICULAR, THE MEGABYTE TRAVELS COMPANIESAND AFFILIATES DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM LIABILITY FOR INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE HOTEL, AIR, CRUISE, CAR AND OTHER TRAVEL PRODUCTS DISPLAYED ON THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, PHOTOGRAPHS, LIST OF HOTEL AMENITIES, GENERAL PRODUCT DESCRIPTIONS, ETC.), MUCH OF WHICH INFORMATION IS PROVIDED BY THE RESPECTIVE SUPPLIERS. ANY HOTEL RATINGS DISPLAYED ON THIS WEBSITE ARE INTENDED AS ONLY GENERAL GUIDELINES, AND MEGABYTE TRAVELS COMPANIES. AND AFFILIATES DO NOT GUARANTEE THE ACCURACY OF THE RATINGS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE MEGABYTE TRAVELS COMPANIES AND AFFILIATES AND/OR THEIR RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES ON THIS WEB SITE AT ANY TIME.
THE MEGABYTE TRAVELS COMPANIES AND/OR RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE AND THE INCLUSION OR OFFERING FOR SALE OF ANY PRODUCTS OR SERVICES ON THIS WEBSITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY THE MEGABYTE TRAVELS COMPANIES OR THE AFFILIATES. THE MEGABYTE TRAVELS COMPANIES SHALL USE REASONABLE CARE AND SKILL IN CARRYING OUT THE SERVICES CONTAINED IN THIS WEBSITE.
THE MEGABYTE TRAVELS COMPANIES THE AFFILIATES, AND/OR RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES, TERMS AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES, AND CONDITIONS, OF SUITABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
THE CARRIERS, HOTELS AND OTHER SUPPLIERS PROVIDING TRAVEL OR OTHER SERVICES FOR THE MEGABYTE TRAVELS COMPANIES ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF THE MEGABYTE TRAVELS COMPANIES OR THE AFFILIATES. THE MEGABYTE TRAVELS COMPANIES AND AFFILIATES ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. THE MEGABYTE TRAVELS COMPANIES AND THE AFFILIATES HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY. IN NO EVENT SHALL THE MEGABYTE TRAVELS COMPANIES ,THE AFFILIATES AND/OR THEIR SUPPLIERS BE LIABLE FOR ANY, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO USE THIS WEBSITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE, (INCLUDING, BUT NOT LIMITED TO LOSS OF USE, DATA, PROFITS, SAVINGS OR OPPORTUNITIES), WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF THE MEGABYTE TRAVELS COMPANIES , AFFILIATES, AND/OR ANY OF THEIR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. EXCEPT IN RELATION TO LIABILITY FOR DEATH OR PERSONAL INJURY FOR WHICH NO LIMIT APPLIES. THE MEGABYTE TRAVELS COMPANIES , THE AFFILIATES AND/OR ITS RESPECTIVE SUPPLIERS SHALL BE LIABLE FOR DIRECT LOSS ARISING OUT OF THE USE OF THIS WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, UP TO A MAXIMUM OF THE TOTAL VALUE OF THE TRANSACTION UNDER WHICH THE CLAIM ARISES FOR ANY ONE EVENT OR SERIES OF CONNECTED EVENTS. THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
IMPORTANT: THESE TERMS AND CONDITIONS AND FOREGOING LIABILITY DISCLAIMER, DO NOT AFFECT MANDATORY LEGAL RIGHTS THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW (INCLUDING YOUR STATUTORY RIGHTS UNDER ANY APPLICABLE NATIONAL OR LOCAL LEGISLATION IMPLEMENTING THE EC PACKAGE TRAVEL DIRECTIVE (90/314/EEC) AS AMENDED FROM TIME TO TIME). SHOULD YOU DECIDE TO PURCHASE ANY TRAVEL PACKAGES ON THIS WEBSITE, SEPARATE HOLIDAY TERMS AND CONDITIONS WILL ALSO APPLY.
You agree to defend and indemnify the Megabyte Travels Companies, the Megabyte Travels Affiliates, and/or their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
(b) your violation of any law or the rights of a third party; or
(c) your use of this Website.
NO UNLAWFUL OR PROHIBITED USE
LINKS TO THIRD-PARTY SITES
This Website may contain hyperlinks to Websites operated by parties other than Megabyte Travels, Inc. Such hyperlinks are provided for your reference only. Megabyte Travels, does not control such Websites and is not responsible for their contents or your use of them. Megabyte Travel's inclusion of hyperlinks to such Websites does not imply any endorsement of the material on such Websites or any association with their operators.
SOFTWARE AVAILABLE ON THIS WEBSITE
Please note that all Software, including, without limitation, all HTML code and Active X controls contained on this Website, is owned by the Megabyte Travels Companies, Megabyte Travels Affiliates, and/or our respective suppliers, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.
Your mobile device must be connected to the internet for the Mobile Application to function correctly. You are responsible for making all arrangements necessary for your device to have internet connectivity and are responsible for all sums your service provider may charge you arising out of the Mobile Application transmitting and receiving data (including but not limited to data roaming charges).
You acknowledge that the Software and any accompanying documentation and/or technical information is subject to applicable export control laws and regulations of Nepal. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to Nepal export restrictions.
If a currency convertor is available on the Website, the following terms and conditions apply: Currency rates are based on various publicly available sources and should be used as guidelines only. Rates are not verified as accurate, and actual rates may vary.
Currency quotes are not updated every day. Check the date on the currency converter feature for the day that currency was last updated. The information supplied by this application is believed to be accurate, but the Megabyte Travels Companies, the Megabyte Travels Affiliates, and/or our respective suppliers do not warrant or guarantee such accuracy. When using this information for any financial purpose, we advise you to consult a qualified professional to verify the accuracy of the currency rates. We do not authorize the use of this information for any purpose other than your personal use and you are expressly prohibited from the resale, redistribution, and use of this information for commercial purposes.
BANK AND CREDIT CARD FEES
Some banks and credit cards impose fees for international transactions. If you are making a booking from outside of the Nepal on a Nepal credit card, your bank may convert the payment amount to your local currency and charge you a conversion fee. This means the amount listed on your credit or bank card statement may be in your local currency and therefore a different figure than the figure shown on the billing summary page for a reservation booked on the Website. In addition, a foreign transaction fee may be assessed if the bank that issued your credit card is located outside of the Nepal. Booking international travel may be considered to be an international transaction by the bank or card company, since Megabyte Travels, may pass on your payment to an international travel supplier. The currency exchange rate and foreign transaction fee is determined solely by your bank on the day that they process the transaction. If you have any questions about these fees or the exchange rate applied to your booking, please contact your bank.
COPYRIGHT AND TRADEMARK NOTICES
All contents of this Website are ©2017 Megabyte Travels, Inc. All rights reserved. Megabyte Travels and the megabytetravels.COM Logo are either registered trademarks or trademarks of Megabyte Travels & Tours Pvt. Ltd. Other logos and product and company names mentioned herein may be the trademarks of their respective owners. Megabyte Travels, is not responsible for content on websites operated by parties other than Megabyte Travels.
If you are aware of an infringement of our brand, please let us know by e-mailing us at email@example.com. We only address messages concerning brand infringement at this email address.
NOTICE OF COPYRIGHT INFRINGEMENT
Megabyte Travels respects the copyrights of others. If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a written notice that includes the following information. Please note that we will not process your complaint if it isn't properly filled out or if the complaint is incomplete:
1. A clear identification of the copyrighted work you claim was infringed.
2. A clear identification of the material you claim is infringing the copyrighted work, and information that will allow us to locate that material on the Website, such as a link to the infringing material.
3. Your contact information so that we can reply to your complaint, preferably including an email address and telephone number.
4. A statement that you have a "good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law."
5. A statement that "the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
6. The notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices with respect to this Website should be sent to us by email to firstname.lastname@example.org for the fastest resolution.
We will review and address all notices that comply with the requirements above. If we remove or disable access in response to such a notice, we may notify the owner or administrator of the affected site or content so that he or she can make a counter notification.
For any additional questions regarding this process, please email us at: email@example.com.
Megabyte Travels has adopted a policy of terminating, in appropriate circumstances and at Megabyte Travels's sole discretion, subscribers or account holders who are deemed to be repeat infringers. Megabyte Travels may also at its sole discretion limit access to the Website and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. If you believe that an account holder or subscriber is a repeat infringer, please provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer when filing your notice.
Megabyte Travels does not tolerate false claims of copyright infringement. If you believe that content that you posted to our Website was mistakenly removed due to a false claim of copyright infringement, then you can submit a Counter-Notice. When we receive a properly completed counter notification, we will forward it to the complaining rights owner.
To file a counter notification with us, you must provide a written communication by fax or regular mail that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that content is not infringing the copyrights of others. If you are not sure whether certain material infringes the copyrights of others, then we suggest that you first seek legal counsel.
To expedite our ability to process your counter notification, please send us your notification using the following format:
1. Identify the specific content that was removed or disabled by mistake. Indicate where that content appeared on Megabyte Travels's Website. Please provide the URL address if possible.
2. Provide your name, mailing address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the Nepal, for any judicial district in which Megabyte Travels, may be found, and that you will accept service of process from the party who reported your content, or that party's agent.
3. Include the following statement: "I swear, under penalty of perjury, that I have a good faith belief that the content identified above was removed or disabled as a result of a mistake or misidentification."
4. Sign the paper.
5. Send the written communication to the following address:
Megabyte Travels & Tours Pvt. Ltd.
For any additional questions regarding this process for Megabyte Travels, please email us at firstname.lastname@example.org
This agreement is governed by the laws of Nepal. You hereby consent to the exclusive jurisdiction of the Nepali courts in all disputes arising out of or relating to the use of this Web site. Use of this Web site is unauthorised in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
For customer service issues please contact email@example.com or call +977-1-4415717. For other issues, please address correspondence to:
Megabyte Travels Customer Relations
Postal Code: 44600
Megabyte Travels may, and you may not, assign, convey, subcontract or delegate rights, duties or obligations hereunder.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Megabyte Travels as a result of this agreement or use of this Web site.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
This agreement constitutes the entire agreement between, you, the customer and Megabyte Travels with respect to this Web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and Megabyte Travels with respect to this Web site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Fictitious names of companies, products, people, characters, and/or data mentioned herein are not intended to represent any real individual, company, product, or event.
Any rights not expressly granted herein are reserved.
© 2017 Megabyte Travels & Tours Pvt. Ltd. All rights reserved. Megabyte Travels & Tours Pvt. Ltd., Nagpokhari, 44600, Kathmandu, Nepal