This End User License Agreement ("Terms") governs your use of the business travel management solution provided by GetThere ("Solution").
"Affiliates" shall mean any entity which directly or indirectly controls, is controlled by, or is under common control with the subject entity. "Control" for the purposes of this definition, means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity.
"End User" shall mean an individual who is authorized by you to use the Solution.
"Improper Use or Misuse" includes, but is not limited to, introduction of viruses or other harmful code, including obscene, defamatory, or threatening material or the transmission, receipt, distribution, or storage of material in violation of applicable law, regulation, privacy, or third-party intellectual property rights.
"TMC" means the travel management company that holds the necessary licenses to issue tickets and fulfil the bookings, and with whom you have an agreement to manage your organizations' corporate or business travel bookings.
By using and authorising End Users to use the Solution, you agree that you and your End Users:
Zoho reserves the right to immediately suspend your and/or your End User's access to the Solution if Zoho determines in its sole reasonable discretion that your and/or your End User's use of the Solution (a) is in violation of this Terms; (b) is in violation of applicable laws and regulations, including applicable data protection laws; or (c) poses or may pose any security risk that will adversely affect the security or functionality of the Solution. Zoho will use commercially reasonable efforts to notify you before such suspension, wherever possible, unless legally prohibited from doing so. Zoho shall not be liable to you, your End Users or any third party for the suspension of the Solution.
EXCEPT AS EXPRESSLY STATED IN THIS TERMS, THE SOLUTION IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND TO THE FULLEST EXTENT PERMITTED BY LAW, AND ZOHO EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, ORIGINALITY, TITLE AND NON-INFRINGEMENT. ZOHO FURTHER DISCLAIMS WARRANTIES THAT THE SOLUTION WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR FREE FROM VIRUSES OR OTHER MALICIOUS SOFTWARE. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT WILL BE DEEMED A WARRANTY FOR ANY PURPOSE OR GIVE RISE TO ANY LIABILITY OF ZOHO WHATSOEVER. YOU ACKNOWLEDGE THAT YOU HAVE NOT RELIED ON WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THESE TERMS.
YOU AGREE THAT ZOHO SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SOLUTION, EVEN IF ZOHO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL ZOHO'S ENTIRE LIABILITY TO YOU IN RESPECT OF THE SOLUTION, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS THE SOLUTION.
You agree to indemnify, defend and hold harmless Zoho, its officers, directors, employees, service providers, and Affiliates, from and against any losses, damages, fines and expenses (including attorney's fees and costs) arising out of or relating to any claim that your or your End User's use of the Solution is (i) in violation of the Terms, (ii) in violation of third party rights, or (iii) is in violation of any applicable laws or regulations.
When you book a ticket using the Solution, the TMC handles the booking of the ticket at the backend.
By using the Solution to book a ticket, you agree that: