CWT FOR YOU
GENERAL TERMS & CONDITIONS
Latest update: Feb 17, 2017

By registering your company or organisation for CWT for You and using the services provided by CWT, you hereby agree, on behalf of your company/organisation, to be bound by these General Terms and Conditions (GTCs), including any subsequent amendments. CWT may add to, change or remove any part of these GTCs and shall endeavor to provide notice of such changes by e-mail to the contact e-mail listed in the registration form. Any such changes shall apply as the effective date listed on the notice.

These GTCs shall apply to the provision of the business travel services in India set out in Section A below (Services) by CWT India Pvt. Ltd (CWT) to your company, firm or organization which has set up an account with CWT through completion of this registration form, to the exclusion of all other terms and conditions that you may seek to impose or incorporate, or which may are implied by trade, custom, practice or course of dealing.

A. SERVICES

(1) Scope of Services: CWT shall provide to you, for business travel purposes only, a commercial reservation service for air, rail, hotel, car rental offered by third parties (Travel Suppliers) together with associated ancillary services that it may offer from time to time. Certain of the above services and ancillary services (e.g. passport and visa services) may be provided via third party suppliers. Other CWT services or product offerings may be available and the terms and conditions for any additional services shall apply upon the completion by CWT of an initial request for such services as ordered by you. Upon registration you will be provided with access details. Any person to which you provide your access details shall be considered as authorized to act on your behalf when ordering services and you shall take responsibility for the compliance by all such users ("User"), including any travelers ("Traveler") with these GTCs.

(2) Profile Management: You shall instruct the Travelers shall to provide their personal details, including personal data such as nationality, date of birth, passport number, e-mail address, to enable CWT to identify and respond to individual booking requests for Travelers and the provide the Services. In the case of incomplete or incorrect data provision, CWT shall not be required to make a booking and shall not be responsible for any errors in the Services arising from failure by you or any User to comply with this paragraph.

(3) Fares of Travel Suppliers will be issued by CWT as agent for the Travel Suppliers subject to the terms and conditions of such fares (including without limitation marine and offshore fares for qualifying clients). In the event that you or Traveler breach those conditions, you shall be fully responsible for any fines, charges or agency debit memos imposed on CWT by Travel Suppliers.

B. TOOLS

(1) IT Tools. For the provision of certain elements of Services, CWT shall grant you access to certain IT tools, (IT Tools), including this website and the CWT For You mobile application, and warrants that it has the right to provide access to the IT Tools.

You will have a limited, revocable, non-transferable and non-exclusive right during the term of these GTCs to have Users access and use the IT Tools and related documentation solely for your own use, access and enjoyment of the Services. Title and all proprietary and other rights to the IT Tools and any related trademark, trade secret, copyright are, and will remain, the exclusive property of CWT and/or the relevant third party IT Tool providers or licensors.

You will use the IT Tools solely for the purposes and functions expressly permitted by these GTCs or CWT's reasonable instructions from time to time and shall not directly or indirectly, access, use, sell, distribute, sublicense, broadcast, or commercially exploit the IT Tools or any rights granted to it under these GTCs. You shall not copy, modify, or prepare derivative works based on the IT Tools or reverse engineer, decompile, disassemble, or attempt to derive source code from the IT Tools.

You will prevent unauthorized use or misuse of the IT Tools. In particular, you shall ensure that each User will: (a) be responsible for the security and/or use of his or her logon identifier; (b) not disclose such logon identifier to any person or entity; (c) not permit any other person or entity to use his/her logon identifier; and (d) use the IT Tools in accordance with these GTCs. You must promptly inform CWT of (a) any User who has lost or misused a login and password, (b) any User who has ceased to be employed by the you or otherwise should no longer have access to the relevant IT Tool.

Except as provided otherwise in these GTCs, CWT makes no warranty, either express or implied, written or oral, with respect to any IT Tools, which are provided "as is", and CWT expressly disclaims any and all implied warranties of merchantability, fitness for a particular purpose.

In addition to all other remedies and rights under these GTCs, CWT reserves the right immediately to suspend access to the IT Tools, in the event of any activities contrary to an obligation set forth in these GTCs.

(2) Third Party Website Links. CWT shall not be held liable for the content, availability, access, accuracy, timeliness or any other aspect of the information contained in any third party website accessible via links on any of the IT Tools. The inclusion in the CWT Portal of information related to or contained in any third party website does not constitute an endorsement by CWT of such information.

(3) CWT Apps: Any mobile applications provided by CWT and downloaded by travelers are subject to additional end user and other terms and conditions of use as set out in the relevant application and or app store. You shall be responsible for complying, or procuring the compliance of Travelers, to such terms.

C. PAYMENT

(1) For each travel booking you shall pay to CWT the relevant fare charged by the Travel Supplier plus any value added tax, sales, or other local or indirect taxes, surcharges or other similar duties payable as set out in the in the booking quote.

(2) Payment shall be made in full by at the point of sale by credit card. The booking shall be confirmed and any associated travel ticket shall only be issued upon receipt of the full amount by CWT. Should the credit card transaction be declined or cancelled for any reason prior to the trip, CWT reserves the right to cancel the relevant ticket and/or booking. In the case that the credit transaction is reversed or cancelled after the trip, you shall be responsible for payment in full of the ticket price, plus any associated charges as well as potential interest for late payment.

D. RESPONSIBILITIES

(1) CWT, in providing the Services and in transmitting the proceeds from the sale of the travel services to the Travel Suppliers, acts solely in its capacity as the agent for such Travel Suppliers. CWT shall not be liable for any actions beyond the control of CWT in connection with the Services, or for any injury, loss, damage, delay, non- performance, irregularity, or any consequences therefrom, which may be occasioned through the neglect, or default, or any other act or inaction of any Travel Supplier or the supplier of any IT Tool. Without prejudice to the foregoing CWT does not warrant nor ensure that the travel services booked will actually be provided by any Travel Supplier. CWT shall have no liability in respect of any issues with Travel Supplier performance, including any default: in such cases, you or the Traveler shall deal directly with the relevant Travel Supplier. CWT shall not be responsible in any manner whatsoever as regards incorrect input of data by you or a User or any non-compliance by a Traveler with travel related requirements (including but limited to information on travel visas, requirement of ID documentation, etc.).

(2) You hereby agree to indemnify and hold CWT harmless from and against any third party liability, loss, cost or expense resulting directly from any failure by you or your Users to perform any obligation hereunder.

(3) Liability: In making travel reservations with CWT, you accept sole liability for: (a) all, purchases, changes and/or cancellations of services made under your access details, including, but not limited to, lost tickets and fraud; (b) ensuring that any purchases hereunder are made in accordance with your internal policies, procedures and guidelines and for resolving any disputes with your employees and agents related thereto; (c) payment of any and all products or services ordered or purchased through the CWT For You service including all purchases by your Users.

(4) The total liability of CWT hereunder in respect of all claims in connection with its Services shall be limited to INR 3000 per booking.

(5) Notwithstanding the foregoing, CWT shall not be liable for any loss of profit, business, goodwill or revenue or any special, punitive, indirect or consequential loss or damages costs or expenses arising as a result of the performance of its services, howsoever caused, whether or not reasonably foreseeable and irrespective of any negligence or fault.

E. TERMINATION

(1) Termination: CWT reserves the right to terminate your account and the relating provision of its services at any time with 30 days' advance written notice by e-mail to your e-mail contact address or immediately, if you becomes insolvent, bankrupt, are unable to pay your debts as they fall due or if CWT has information or record of impersonation, wrongful use, fraud or such incriminating use by you or a user of the Services.

(2) Consequences: Termination of the Services shall not affect a party's accrued rights or obligations as at termination or any obligation which is intended to survive termination, including (without limitation) Sections D to F of these GTCs.

F. MISCELLANEOUS

(1) Compliance with Laws: The parties agree to comply with all applicable laws and regulations in performing the GTCs.

(2) Confidentiality: Each party shall require its respective officers, directors, employees, agents, advisers and other representatives (and those of its Affiliates) to keep confidential the contents of these GTCs and all information received from the other party in connection with the contents and the performance of these GTCs, and not to disclose such information to third parties, except as necessary to perform its obligations or exercise its rights hereunder or with the written consent of the other party or where required by law or court order without the prior written consent of the other party. Notwithstanding the foregoing, this shall not apply to information that is (i) in the public domain, (ii) lawfully obtained from a third party who is entitled to disclose such information or (iii) independently developed by the other party without reference to such information.

(3) Data Protection: With regard to the provision, storage, processing and transfer of the Traveler's personal data, the parties shall comply with all applicable laws and regulations relating to data privacy and shall provide, store, process and transfer Travelers' personal data only for the purpose of the agreed Services using appropriate operational and technical measures to safeguard protected data against any unauthorized access, loss, destruction, theft, use or disclosure.

(4) Force Majeure: Neither party shall be held liable for any delay or failure to perform its obligations hereunder caused by circumstances beyond its reasonable control including, without limitation, strikes, fires, acts of God, any form of government intervention, including business restrictions and prohibitions under territorial or extraterritorial economic or trade sanctions whether determined by national or foreign governments or international institutions. If legally permitted, the performance of such obligations shall be suspended only for such time as such circumstances last. In the event of an immediate and total ban on the continuation of the business relationship, the obligations under these GTCs will expire immediately, completely and permanently without any prior notice.

(5) Independent parties: Nothing in these GTCs shall create a partnership or joint venture between the parties and neither party shall have any authority to enter into any binding commitment, representation of covenant on behalf of the other party.

(6) Substituting clauses: If any provision of these GTCs are held to be or becomes invalid or unenforceable (in whole or in part), such provision shall be ineffective to the extent of such invalidity or unenforceability without rendering unenforceable any of the remaining provisions of these GTCs. Upon the invalidity or unenforceability (in whole or part) of any provisions of these GTCs, CWT shall use its reasonable efforts to implement a satisfactory substitute for such invalid or unenforceable provision, which shall most closely achieve the lawful purpose of the relevant invalid or unenforceable provision.

(7) Waiver: A waiver of any right or remedy available to a party in connection with these GTCs (Remedy) is only effective if in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising a Remedy shall constitute a waiver of that or any other Remedy, nor shall a single or partial exercise of a Remedy prevent any further exercise of that or any other Remedy.

(8) Entire Agreement. These GTCs, as amended from time to time by CWT, constitute the entire agreement of the parties with respect to the Services and supersedes any prior discussions, representations, agreements or arrangements in relation to the subject matter of these GTCs.

(9) Third Party Rights. Save as expressly set out in these GTCs, no third party shall have any rights to enforce any of its terms.

(10) Governing Law and Jurisdiction: These GTCs shall be governed by the laws of the republic of India and any disputes or proceedings under these GTCs shall be subject to the exclusive jurisdiction of courts at New Delhi.