MFT Terms and Conditions
Welcome to www.myfirsttour.com website web browser having its registered office at D-24 Motiwala Trade Center, 1 st Floor, Nirala Bazaar, Aurangabad (MH) 431001 (“MFT”).
These terms and conditions are applicable to the usage of the www.myfirsttour.com website ("MFT") by you. MFT shall provide you (“User”) travel-related information. These Services may be availed by the User in India offered by various third party vendors ("Service Providers" or "Vendors"). The website is also for your education and information and is also used by us to obtain feedback with a view to providing information and services with respect to the leisure industry.
By accessing this site you agree to the following terms. In case you do not agree to the following terms please do not read or refer to the material on any of our pages.
Opening an Account as a Vendor.
In order to become able to use the MFT, you must complete in full an application form on the Website. As part of the application, you will be given a Username and Password. This username and password will be used by you when using our services.
Usernames/Passwords
You are solely responsible for the confidentiality of your username, and password. In the event you have reason to believe your account, username and/or password is being used in an unauthorized manner, you agree to contact us promptly so that the appropriate modifications can be made to your account. Please be aware that information will be sent through Email & SMS to your email address & Mobile that you provided to us at the time of sign up.
Agreement to receive Mail
You hereby consent to the receipt of physical & electronic communication from us.
Contributions on website
Any activity you do on the website (Comments, Reviews, and Questions etc) becomes property of MFT. We reserve the right to modify or update that information suitably.
Viruses and Contamination of System
MFT is neither responsible nor liable for any viruses or other contamination of your system, nor for any delays, inaccuracies, errors or omissions arising out of your use of this site or with respect to the material contained on this site.
Linked Sites
Any linked websites in our website are not under our control and we are not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the site.
Content and Intellectual property rights
All content on the website including but not limited to icons, buttons, logos, text etc, as well as any and all trademarks, whether registered or not constitute the exclusive intellectual property of the MFT and is protected under Indian law. You may not selectively download portions of the website without retaining the copyright notices You may download material from the website only for your own personal use and for no commercial purposes whatsoever. Any and all information that is submitted by you including but not limited to comments, feedback etc is the sole property of MFT which may be used in any manner the MFT deems fit. We provide all content to the best of our knowledge and we are not responsible for changes to third party content.
Limitation of Liability
MFT makes no warranty that this site will meet your requirements, the service or this site will be uninterrupted, the results that may be obtained from the use of this site will be accurate or reliable, any information or other material obtained by you through this site will meet your expectations and any errors in this site will be corrected.
We shall not be liable to you for any special, consequential, incidental, and exemplary or punitive damages, or loss of profit or revenues. We are also not liable under any circumstances for damages arising out or related in any way to your inability to access, or your difficulty in accessing, the website. We shall not be liable under any circumstances for damages arising out of or in any way related to products, services and/or information offered or provided by third-party vendors accessed through the website or by any other means. All content and information provided by MFT either through the website or otherwise is provided to you without warranty of any kind either expressed or implied, with regard to the merchantability, technical compatibility or fitness for a particular purpose with regard to any service, products or material provided by or through the website.
MFT is an online marketplace and it acts like a facilitator between the Users any other third party including bloggers, suppliers, service providers etc., for interaction through the Website. Company hereby clarifies and the User agrees and understands that Company is not the owner of the services which the blogger/supplier/service provider provides and will not be liable for any deficiency of service or unfair trade practices conducted by such party. It is hereby further clarified that Company is a separate and independent entity and does not work as representative or agent of the blogger/supplier/service provider. Any interaction or transaction shall be strictly between the User and supplier/service provider.
MFT shall not be responsible and shall not be required to mediate or resolve any dispute or disagreement between User and the blogger/supplier/service provider. In no event, shall Company be made a party to dispute between User and the blogger/supplier/service provider.
Indemnity
You agree to indemnify, defend and hold harmless MFT, and its officers, employees, agents, and any third party information providers to the Website, from and against all claims, actions, proceedings, expenses, damages and liabilities, which are the result of, or are in any way related to your use of the website.
Governing Law
These terms and conditions shall be governed by Indian law and the courts at Aurangabad (MH) shall have exclusive jurisdiction in all matters arising out of or in connection with the use of the website by you.
Privacy Policy
Please refer to our Privacy Policy on the website.
Charges & Pricing
MFT does not charge any fees for browsing. MFT is the B2B Travel Portal Connecting Travel Agencies to the Travelers to give a better Experience to their travel experience.
MFT has tied up with many Agencies. MFT's advice to customers is to choose the Vendor they are aware of and whose service they are comfortable with. MFT is not liable for any Discrepancy / Deficiency in service by the Service Providers / Vendors of any service type.
MFT at its sole discretion will add new services, change existing services and remove some services as well.
Payment Options (For Travel Vendors Registered on MyFirstTour)
MFT supports various Payment Methods which are Secure like Razorpay which Supports Credit and Debit Cards (Visa, MasterCard, Rupay, Amex and Dinners etc.), Internet Banking (around 100 Indian Banks), Wallets, etc. through an online payment gateway system.
All Payments for services purchased via MFT by all types of users (travelers or agents or any other type) have to be pre-paid. In case the credit is extended/provided to any type of user, then it needs to be paid within the next working day. If the user misses his payment timelines, then MFT has the right to cancel the purchased service or any other purchased services of the same user or its sister concerns to recover the money and penalty amount decided by MFT (upto 100% of the default amount).
Gateway Charges
Please note that MFT cannot control any fees or conversion rates that may be charged to User by their Banks or Financial Institution related to such a transaction and MFT disclaims all liabilities in this regard.
Refund, Cancellation Policy (For Travel Vendors Registered on MyFirstTour)
In case of Lead which has an Issue in the number is wrong or does not exist then we refund the amount with 2 to 3 working days after evaluating it internally. The Refund amount would be added to your wallet.
Funds in the wallet are not transferable in any form like (bank Acc, credit card, wallets etc.) Wallet balance cannot be transferred to other MFT Travel vendor Acc.
The User agrees, acknowledges and confirms that before making any transaction, the User shall check the service description, service conditions and price carefully. You agree to be bound by the terms of service included in the services description which the supplier/service provider will offer on the Website. You shall only confirm the transaction after fully satisfying yourself with the price, description, amenities etc., as has been displayed on Website.
MFT Never ask you to make the payment to Travel Vendor in there Wallet, Saving Account, Cash or anyother form, As would ask them to give a GST Invoice and money should be paid in Current Account ONLY after evaluating the vendor at your end, MFT will not be responsible for any such cases & will not be entertain any such cases.
Guidelines after Booking Confirmation or Vendor Quote confirmation
MFT would urge all those who are using this Service to cross Check things before going for a payment Transaction (Any mode) and also demand for a confirmation through an official source.
In case a booking confirmation e-mail or Sms gets delayed or fails because of technical reasons or as a result of incorrect e-mail ID / phone number provided by the user etc. then MFT would not be responsible for the same.
Promo Codes
MFT may generate promotion codes from time to time which may be availed on the site for discount, if applicable. MFT at its discretion, could add new promo codes, change or withdraw existing ones without any prior notice. Incase of any dispute with any party, MFT's decision will be binding and final.
When USER registers with MFT, MFT or any of its partners/afflilate/group companies/partners/vendors may contact User from time to time to provide information/offers of services that MFT or such other group companies believe may benefit User.
Users Responsibility & Liability
User shall be responsible for their own actions in utilizing the Services purchased by User, and MFT shall not be liable for any such action. MFT is only providing a platform for communication and it is agreed that the contract for Service shall be a strictly bipartite contract between the Vendor and User.
User represents that User is of legal age to form a binding contract with MFT and is not a person barred from receiving Services under the laws as applicable in India.
Upon receiving User’s complaint, MFT shall inform the relevant Vendor of such complaint and request for an explanation. Users are required to refrain from raising frivolous and baseless complaints. User expressly acknowledges that the Vendor providing the deficient Service will be solely responsible to User for any claims that User may have in relation to such defective service and MFT shall not in any manner be held liable for the same.
Unless due to User’s negligence, in the event the Vendor fails to complete a delivery of any Service, User acknowledges that the Vendor will be liable to make any applicable refunds or payments. User agrees that MFT will not be held liable for failure of the Vendor to make available any Service therein.
Company reserves the right to refuse access to the Website, terminate accounts, remove or edit content at any time without notice if Company has reasonable belief that your account is being used for unauthorized purposes.
MFT reserves the right at all times to disclose any information as is necessary to satisfy or comply with any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in MFT's sole discretion.
Company shall not be responsible for unsatisfactory or delayed performance of services or damages or negligence or deficiency as a result of supplier/service provider act’s or omissions.
Company will make best efforts to safeguard the confidentiality of your personally identifiable information available with it, but transmissions made by means of the internet cannot be guaranteed or made absolutely secure.
In no event shall MFT, its officers, directors, employees, partners or vendors be liable to User, the Vendor or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not MFT has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with User’s purchase of the services herein. ALL LINKED TERMS AND CONDITIONS HEREUNDER ARE ASSUMED TO BE READ, UNDERSTOOD AND AGREED BY USER. www.myfirsttour.com
1. ELIGIBILITY:
If you are not agreeable to all the Terms in their entirety, you must not use this Website and should exit/logout immediately. Your use of the Website implies that you agree with the Terms in their entirety. You agree, acknowledge and recognize that the contract of sale/ transaction with the supplier/service provider is governed exclusively by laws of India.
2. PRIVACY:
1. It may please be noted that by agreeing to these Terms, you shall be bound by the following policies of the Website:
The “Cookie Policy” of the Website & “Privacy Policy” of the Website, which can be viewed by clicking on the following Page: Privacy Policy.
3. USER CONDUCT ON WEBSITE:
1. You shall solely be responsible for maintaining the necessary computer or mobile equipment and Internet connections that may be required to access, use and transact on the Website.
2. You acknowledge that you only have a limited right merely to use the Website and that you have no right to modify any part of the Website or reproduce, copy, distribute, sold, resold or access the same for commercial purposes illegally.
3. You may not use any meta-tags or any other “hidden text” utilizing the Company/Website or its affiliates' names or trademarks or logo without the express written consent of Company/ Website and/or its affiliates, as applicable.
4. The User hereby assumes the sole risk of making use or relying on the information relating to the Services available on this Website. Company does not promote any blogger/supplier/service provider mentioned on the Website. It is User’s responsibility to check the details of the blogger/supplier/service provider mentioned on the Website at its sole discretion.
5. Company has endeavored to provide the most accurate, up-to-date information on this Website. However, the information, materials, Services available on Website may inadvertently include inaccuracies, typographical errors, or outdated information. Company is not responsible for and shall not be bound to honor typographical or pricing errors on Website. Company reserves the right to refuse or cancel transaction(s) at any time, including but not limited to the following transaction that contain incorrect prices or product descriptions, transaction in which Company believes the User has violated applicable laws or Terms, transaction that Company believes are harmful to them or transaction that Company believes are fraudulent or based on illegal, fraudulent or deceitful use/furnishing of information or based on false information. Company neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or service. Company expressly disclaims any warranties and conditions whether express or implied about their accuracy, completeness, correctness, suitability, reliability, availability, timeliness, quality, continuity, performance, error free or uninterrupted operation/functioning, fitness for a particular purpose, workmanlike effort, non-infringement, lack of viruses or other harmful components. Company shall not be responsible for the delay or inability to use the Website or related functionalities, the provision of or failure to provide functionalities, or for any information, software, Services, functionalities and related graphics obtained through the Website, or otherwise arising out of the use of the Website, whether based on contract, tort, negligence, strict liability or otherwise. Further, Company shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the Website that may occur due to technical reasons or for any reason beyond Company’s control. The User understands and agrees that any material or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material or data. Company accepts no liability for any errors or omissions, with respect to any information provided to the User.
4. REVIEWS, FEEDBACK, SUBMISSIONS:
1. All reviews, comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered on the Website or otherwise disclosed, submitted or offered in connection with use of the Website (collectively, the “Comments”) shall be and remain the property of the MFT. Such disclosure, submission or offer of any Comments shall constitute an assignment to the Company of all rights, titles and interests in all copyrights and other intellectual properties in the Comments.
2. The Company will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way.
3. You hereby agree that while writing reviews/feedbacks/submissions, you shall not violate any condition of our Terms or any applicable policy and would not engage in the following:
a. Writing a fake review, trading reviews with other businesses, or compensating someone or being compensated to write a review;
b. Violate any third party's rights, including any breach of confidence, copyright, trademark, patent, trade secret, privacy, right of publicity, or any other intellectual property or proprietary right;
c. Threaten, stalk, harm, or harass others, or promote bigotry or discrimination;
d. Promote a business or other commercial venture or event, or otherwise use the Website for commercial purposes, except with a written permission from the Company;
e. Send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; engage in keyword spamming, or otherwise attempt to manipulate the Website search results or any third party website;
f. Solicit personal information from minors, or submit or transmit pornography; or violate any applicable law.
4. You are, and shall remain, responsible for the content of any Comments you make and you agree to indemnify the Company and its affiliates against all claims, loss and liabilities resulting from any Comments you submit.
5. Further, any reliance placed on Comments available on the Website from a third party shall be at your sole risk and expense.
5. PAYMENT AND FEE:
1. While availing any of the payment method/s through the link facilitated by the Company to the supplier/service provider, the Company will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to any of the following:
a. Lack of authorization for any transaction/s; or
b. Exceeding the present limit mutually agreed by You and between “Bank/s”; or
c. Decline of transaction for any other reason/s.
2. All payments made against the services offered on Website by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. Company will not facilitate transaction with respect to any other form of currency with respect to the reservation accepted on the Website.
6. MODIFICATIONS AND REFUNDS:
1. Any amendment, cancellation or refund request shall be governed by the policies of the supplier/service provider. The Company has no control or authority to review, adjudicate or negotiate request(s)/grievance(s) of the User with the supplier/service provider arising from delay, no response, negligence, misconduct, deficiency or such other issues by the supplier/service provider.
2. Company doesn’t support changes and modifications to reservations once they’re made.
3. All the refunds shall be done by the supplier/service provider directly to you and the Company is not responsible for ensuring any refunds whatsoever.
7. CANCELLATION POLICY:
1. The Cancellation Policies of the supplier/service provider are dynamic and may change from time to time.
2. The supplier/service provider may have their cancellation policy and may charge User according to terms of such cancellation policy.
3. In the event of Cancellation the money shall be debited from your debit/credit card directly by the supplier/service provider as per Cancellation Policy.
4. The Company shall not entertain any request of Cancellations/Modifications/Refund/ and such other requests through its Website. You are requested to raise the issue directly with the concerned supplier/service provider.
5. If you don’t avail the reservation, you’ll still be charged the entire amount. Please contact the supplier/service provider for details on this.
8. COMPLIANCE WITH LAWS:
1. User and Company shall comply with all the applicable laws applicable to them respectively for using the Website and availing the Services.
9. INTELLECTUAL PROPERTY RIGHTS:
1. Content included on the Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Company.
2. You cannot use the trademark of the Company for commercially exploitation without our express permission. We reserve right to initiate legal proceedings if we discover any breach of intellectual property or passing off.
3. As a pre-condition to use this Website, User warrants to Company that User shall not use this Website for any purpose that is unlawful, unauthorized, or inconsistent with Terms, and the User agrees that this license to use Website will terminate immediately upon User’s violation of this warranty. Company reserves the right, at its sole discretion, to block/terminate User’s access to this Website and its content at any time, with or without notice.
10. LOSSES:
Company will not be responsible for any loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable and has been not computed beforehand mutually before using the Website.
11. AMENDMENT/MODIFICATION:
1. Company reserves the right to modify these Terms at any time with or without any notice(s) by uploading the revised Terms on the Website. It is your duty to keep yourself aware of the revised Terms on regular basis.