Agreement to Terms
Changes to Terms or Services
We may modify the Terms at any time, in our sole discretion. If we do so, we will let you know either by posting the modified Terms on the Site or through other communications. If you disagree to be bound by the modified Terms, then you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
Who May Use the Services?
You may use the Services only if you are 18 years or older and capable of forming a binding contract with Post Agents and are not barred from using the Services under applicable law. You may use the Services even if you are younger than 18 years, if your local laws allow you to form binding contracts.
Registration and Your Information
If you want to use certain features of the Services you will have to create an account (“Account”). You can do this via the Site or through your account with certain third-party social networking services such as Facebook (each, an “SNS Account”). If you choose the SNS Account option we will create your Account by extracting from your SNS Account certain personal information such as your name and email address and other personal information that your privacy settings on the SNS Account permit us to access.
It is important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. If you fail to update such information, we may have to suspend or restrict your Account until you update the same. You agree that you will not disclose your Account password to anyone and you will notify us immediately of any unauthorized use of your Account. You are responsible for all activities that occur under your Account, whether or not you know about them.
Post Agents may charge a fee to use extra features and services. Such fees can be a one-time payment to unlock certain extra features and services or it can be a recurring monthly fees to ensure continued access to extra features and services. Such fees may be changed from time to time without notice. Any change in fees will be displayed in the App or notified to you via email.
Bookings and Financial Terms
Disclaimer: Prices on any product(s) as is reflected on the Platform may due to some technical issue, typographical error or product information supplied by Merchant be incorrectly reflected and in such an event Merchant may cancel such your order(s).
o in the event of the designated address falls outside the delivery zone offered by us;
o failure to contact you by phone or email at the time of confirming the order booking;
o failure to deliver your order due to lack of information, direction or authorization from you at the time of delivery; or
o unavailability of all the items ordered by you at the time of booking the order; or
o unavailability of all the items ordered by you at the time of booking the order; or
o your order packaging has been tampered or damaged at the time of delivery;
o us cancelling your order due to (A) your delivery location following outside our designated delivery zones; (B) failure to contact you by phone or email at the time of confirming the order booking; or (C) failure to contact you by phone or email at the time of confirming the order booking; or
o you cancelling the order at the time of confirmation due to unavailability of the items you ordered for at the time of booking.
We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at email@example.com. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub licensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
Content and Content Rights
For purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) “User Content” means any Content that Account holders (including you) provide to be made available through the Services, including how you describe and label your itineraries. Content includes without limitation User Content.
Content Ownership, Responsibility and Removal
Post Agents does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, Post Agents and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of India and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.
Rights in User Content Granted by You
By making any User Content available through Services you hereby grant to Post Agents a non-exclusive, transferable, worldwide, license to use, copy, modify, and distribute your User Content in connection with operating and providing the Services to you and to other Account holders.
You are solely responsible for all your User Content. You represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Post Agents on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You can remove your User Content by specifically deleting it. However, in certain instances, some of your User Content may not be completely removed and copies of your User Content may continue to exist on the Services. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
Rights in Content Granted by Post Agents
Subject to your compliance with these Terms, Post Agents grants you a limited, non-exclusive, non-transferable, non-sub-licensable license to access and view the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.
General Prohibitions and Post Agents’ Enforcement Rights
You agree not to do any of the following:
Although we are not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
Post Agents respects copyright law and expects its users to do the same. It is Post Agents’ policy to terminate in appropriate circumstances Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
Links to Third Party Websites or Resources
The Services contain links to third-party websites or resources. We are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT.
You may find some actual conditions differ from the results and Content available via our Services. For example, you may find that the hours or location of a particular event or historical site are not exactly as listed on our Services. We do not guarantee that our Services and Content are 100% accurate nor can we consider every concern a buyer can have while ordering from a merchant. You should exercise your own independent judgment when using our Services. You are responsible at all times for your conduct and its consequences.
You will indemnify and hold harmless Post Agents and its officers, directors, employee and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Services or Content, (ii) your User Content, or (iii) your violation of these Terms.
Limitation of Liability
NEITHER POST AGENTS NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT POST AGENTS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN NO EVENT WILL POST AGENTS’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE BY YOU TO POST AGENTS FOR USE OF THE SERVICES OR CONTENT OR ONE HUNDRED CANADIAN DOLLARS (CAD $100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO POST AGENTS, AS APPLICABLE.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN POST AGENTS AND YOU.
These Terms and any action related thereto will be governed by the laws of Canada without regard to its conflict of law provisions.
Agreement to Arbitrate
You and Post Agents agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services or Content (collectively, “Disputes”) will be settled by binding arbitration. The exclusive jurisdiction and venue of such arbitration shall be in the city of Cambridge, ON N1T 1Z8, CANADA.
The arbitration will be administered by the Canadian Arbitration Association (“CAA”) in accordance with the Commercial Arbitration Rules for Consumer Related Disputes (the “Rules”) then in effect.
If you have any questions about these Terms or the Services, please contact Post Agents at: firstname.lastname@example.org