Terms and Conditions

These Terms of Use, together with the Terms of Service (the "User Agreement"), form a legally binding contract between you and the Trainman.in website and mobile application. By accessing the site, you acknowledge that you have read, comprehended, and agree to be bound by all of these Terms of use. And if you do not agree to all of these Terms of Use, you are expressly prohibited from using the Site and must immediately stop using it. Supplemental terms and conditions or documents that may be posted on the site from time to time are expressly incorporated by reference herein. We reserve the right to change or modify this User Agreement at any time and for any reason at our sole discretion.

Any changes will be communicated to you by updating the "Last Updated" date of these Terms of Use, and you waive any right to receive specific notice of each change. It is your responsibility to check these Terms of Use for updates on a regular basis.By continuing to use the Site after the date such revised Terms of Use are posted, you will be subject to, and will be deemed to have been made aware of, and to have accepted, the changes in any revised Terms of Use. The information on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be prohibited by law or regulation, or where we would be required to register under the laws of such jurisdiction or country.

Intellectual Property Rights

Unless otherwise stated, the site is our property, and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks"), are owned or controlled by us or licenced to us, and are protected by copyright and trademark laws, as well as various other intellectual property rights and unfair competition laws.

The Site's Content and Marks are provided "AS IS" for your personal information and use only. Without our express prior written permission, no part of the site, including any Content or Marks, may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licenced, or otherwise exploited for any commercial purpose whatsoever.

You are granted a limited license to access and use the Site, as well as to download or print a copy of any portion of the Content to which you have properly gained access, solely for your personal, non-commercial use, provided that you are eligible to use the Site. We reserve all rights in and to the site, the Content, and the Marks that are not expressly granted to you.

User Representations

By using the site, you represent and warrant that:

• You will provide true, accurate, current, and complete registration information.
• You will keep such information current and accurate, and you will update such registration information as needed.
• You are of legal age and agree to abide by the terms of this User Agreement;
• You are not under the age of 18; you are not a minor in the jurisdiction in which you reside, or you have parental permission to use the Site if you are a minor; you are not a minor in the jurisdiction in which you reside;
• You will not use the Site for any illegal or unauthorized purpose; You will not use the Site for any automated or non-human means, whether through a bot, script, or otherwise;
• You will not break any applicable law or regulation by using the Site.

We reserve the right to suspend or terminate your account and refuse any and all current or future use of the Site if you provide any information that is untrue, inaccurate, not current, or incomplete (or any portion thereof).

User Registration

It is possible that you will be required to register with the Site. You agree to keep your password private and are solely responsible for all activities that occur under your account and password. We reserve the right to remove, reclaim, or change any username you choose if we determine, in our sole discretion, that it is inappropriate, obscene, or otherwise objectionable, or if we have reason to believe that your password has been compromised by an external threat.

Prohibited Activities

• Without our written permission, systematically retrieve data or other content from the Site in order to create or compile, directly or indirectly, a collection, compilation, database, or directory.
• Collect usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or create user accounts by automated means or under false pretenses.
• To make purchases on the Site, use a buying agent or purchasing agent.
• Advertise or offer to sell goods and services on the Site.
• Circumvent, disable, or otherwise interfere with the Site's security features, such as those that prevent or restrict the use or copying of any Content or impose usage restrictions on the Site and/or the Content contained therein.
• Unauthorized framing or linking to the Site is prohibited.
• Trick, defraud, or mislead us or other Users, particularly in an attempt to gain access to sensitive account information such as User passwords;
• Interfere with, disrupt, or place an undue burden on the Site, its networks, or services.
• Attempting to impersonate another User or person, or using another User's username.
• Your profile may be sold or transferred in some other way.
• Using any information obtained from the Site to harass, abuse, or harm another person is prohibited.

User Generate contributions

The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, as well as to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contribution"). Other Users of the Site and third-party websites may be able to see your contributions. As a result, any Contributions you send may be considered non-proprietary and non-confidential. You represent and warrant that when you create or make available any Contributions, you have done so in the following ways:

• Your contributions do not contain any false, inaccurate, or misleading information.
• Unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation are not included in your Contributions.
• Your contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable.
• No applicable law, regulation, or rule is violated by our Contributions.
• Your contributions do not infringe on anyone's privacy or publicity rights.
• There are no offensive comments about race, national origin, gender, sexual preference, or religion in your contributions.

Any use of the Site in violation of the foregoing violates these Terms of Use and may result in your rights to use the Site being terminated or suspended, among other things.

Contribution License

By posting your Contributions to any part of the Site or making Contributions accessible to the Site by linking your account from the Site to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing.

Guidelines for Reviews

On the Site, we may provide areas for you to leave reviews or ratings. When writing a review, you must meet the following requirements:

• You should have firsthand knowledge of the person or entity being evaluated.
• Your reviews must be free of offensive profanity, as well as abusive, racist, offensive, or hateful language.
• Your reviews should not include any references to discrimination based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability.
• There should be no references to illegal activity in your reviews.
• If you're going to post negative reviews, you shouldn't be affiliated with any competitors.

Mobile Application License

1. Use License -

If you use a mobile application to access the Site, we grant you a revocable, non-exclusive, non-transferable, limited licence to install and use the mobile application on wireless electronic devices that you own or control, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application licence as set forth in these Terms of Use. You may not:

• Decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application;
• Modify, adapt, improve, enhance, translate, or derivative work from the application;
• Violate any applicable laws, rules, or regulations in connection with your access or use of the application; or make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application.
• Remove, modify, or obscure any proprietary notice (including any copyright or trademark notice) posted by us or the application's licensors;
• Use the app for any commercial venture, revenue-generating endeavor, or other purpose for which it was not designed or intended;
• Make the application accessible via a network or other environment that allows multiple devices or users to access or use it at the same time;
• Create a product, service, or software that is directly or indirectly competitive with or a substitute for the application;

2. Apple And Android Devices -

When you access the Site via a mobile application downloaded from the Apple Store or Google Play Store (each a "App Distributor"), the following terms apply:

• The licence granted to you for our mobile application is limited to a non-transferable licence to use the app on a device running the Apple iOS or Android operating systems, as applicable, and in accordance with the App Distributor's usage rules;
• As specified in the terms and conditions of this mobile application licence contained in these Terms of Use or as otherwise required by applicable law, we are responsible for providing any maintenance and support services with respect to the mobile application, and you acknowledge that each App Distributor has no obligation to provide any maintenance and support services with respect to the mobile application;
• As a third-party beneficiary of the terms and conditions in this mobile application licence contained in these Terms of Use, you acknowledge and agree that the App Distributors will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application licence contained in these Terms of Use against you.

Social Media

You can link your account with online accounts you have with third-party service providers (each such account, a "Third-Party Account") as part of the Site's functionality by either:

• By providing your Third-Party Account login information through the Site; or
• By granting us access to your Third-Party Account as permitted by the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you have the authority to provide us with your Third-Party Account login information and/or grant us access to your Third-Party Account without violating any of the terms and conditions that govern your use of the applicable Third-Party Account, and without requiring us to pay any fees or subjecting us to any usage limitations imposed by the Third-Party Account's third-party service provider.

By giving us access to any Third-Party Accounts, you agree that:

• We may access, make available, and store (if applicable) any content you have provided to and stored in your Third-Party Account (the "Social Network Content") so that it is available on and through the Site via your account, including without limitation any friend lists, and
• We may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account

Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information you provide to us about the Site ("Submissions") is non-confidential and becomes our sole property. We will own all exclusive rights to these Submissions, including all intellectual property rights, and will be free to use and distribute them for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions and warrant that any such Submissions are your original work or that you have the authority to submit them. You agree that you will have no recourse against us if your Submissions are allegedly or actually infringed upon or misappropriated.

Third-Party Website and Content

Links to other websites ("Third-Party Websites"), as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"), may be found on the Site (or you may be directed to them via the Site). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. We do not approve or endorse any Third-Party Websites or Third-Party Content by including them, linking to them, or allowing them to be used or installed. You do so at your own risk if you leave the Site and access Third-Party Websites or use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should read the terms and policies of any website you visit from the Site, including the privacy and data collection practices, as well as the terms and policies of any applications you use or install from the Site.

Advertisers

Advertisers can place their ads and other information in certain areas of the Site, such as sidebar ads or banner ads. If you are an advertiser, you are solely responsible for any advertisements you place on the Site, as well as any services or products sold as a result of those advertisements. Furthermore, as an advertiser, you warrant and represent that you have all necessary rights and authorization to place advertisements on the Site, including but not limited to intellectual property, publicity, and contractual rights. We simply provide the space for such advertisements to be placed, and we have no other business dealings with advertisers.

Privacy Policy

We are concerned about data security and privacy. Please see our Privacy Policy for more information on how we collect and use User information through our Site. You agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use, by using the Site. We never knowingly accept, request, or solicit information from children, or market to them. If we learn that a child under the age of 13 has provided us with personal information without the required and verifiable parental consent, we will remove that information from the Site as soon as reasonably possible.

Fees and Payments

Refund policies -

• If a refund is issued for a cancelled booking, it will be credited to the account or banking instrument (credit card, wallet, etc.) used to make the payment for that booking.
• Trainman is only a facilitator and any refund for any service(s) which are not delivered by the service provider /Independent Contractors or for any reason for which the User is entitled for a refund is subject to Trainman receiving the amount from the said service provider. User acknowledges that Trainman shall not be held liable for any delay in refund or non-refund of the amount from the respective service provider or Independent Contractors of Trainman. In such events the User shall directly approach the service provider for any claims.
• The upfront discount and promo code discount obtained at the time of booking will be deducted from the refund amount in the event of cancellation and refund of partially utilised tickets.

Grievance Policy

We aim to facilitate you in best way possible, in case of any query or complaint regarding the Services or the Platform or to receive further information regarding use of the Platform, please contact the Grievance/Nodal Officer.

Name: Vanshika Mathur

Designation: Deputy manager – Customer Experience

Stark Enterprises Private Limited

Registered office: A-21, Sector-16, Noida, Gautam Buddha Nagar, Uttar Pradesh - 201301.

Corporate office: Adani Corporate House, Plot No 83, Institutional Area, Sector 32, Gurgaon-122001.

e-mail: Booking@trainman.in

Contact No. 7428518704

Grievance Redressal Mechanism

• You may reach out to us via email, call or post for query or grievance on the feedback section of our website (Trainman).
• Upon the receipt of a query or a grievance via specified channel above, we will share an acknowledgment of the query or grievance along with a unique ticket number within 48 (Forty-Eight) hours.
• We shall take all the best endeavors to resolve the grievance as expeditiously within the one month from the date of receipt of the query/grievance.
• A query/grievance shall be deemed to be closed and disposed-off as and when you are communicated by our Grievance/Nodal Officer, or any other person associated with the Platform.
• In the event, you are not satisfied with the resolution provided, then you may escalate and reach out to us as mentioned below:
  
  Level 1 Support : Booking@trainman.in
  
  Level 2 Support : If Level 1 fails to resolve your concern/query, escalate to our officer CS.nodalofficer@trainman.in
  
  Level 3 Support : If still unsatisfied with Level 2, contact our Appellate officer CS.apellate@trainman.in

(Last updated on 21 May 2024)