Terms and Conditions | Mumbai Water Taxi

TERMS AND CONDITIONS FOR WATER TAXI SERVICE FROM DOMESTIC CRUISE TERMINAL

FOLLOWING ARE THE TERMS AND CONDITIONS GOVERNING THE PROVISIONING OF WATERTAXI SERVICES (“SERVICES”) BY WEST COAST MARINE YACHT SERVICES PVT LTD (“OPERATOR”) TO THE PERSON(S) ("USER / PASSENGER") WHO AGREE TO AVAIL THE SERVICES OF THE OPERATOR BY PURCHASING THE TICKET. BY PURCHASING THE TICKET OR MERCHANDISE, THE USER EXPRESSLY AGREES TO BE BOUND BY THESE TERMS AND CONDITIONS, INCLUDING THE ADDITIONAL TERMS AND CONDITIONS MENTIONED ON THE WEBSITE OF THE OPERATOR i.e. www.mumbaiwatertaxi.com, TERMS OF OUR PRIVACY POLICY, AND ALL APPLICABLE LAWS AND REGULATIONS GOVERNING THE USE OF SERVICES.

TICKET WILL BE VALID ONLY TILL THE DATE OF TRAVEL PRIOR TO DEPARTURE.
REPORTING TIME SHOULD BE 15 MINUTES PRIOR TO DEPARTURE.
CURRENT BOOKING CLOSES 15 MINUTES BEFORE SCHEDULED DEPARTURE SUBJECT TO SEAT AVAILABILITY
TICKETS OF PASSENGERS REPORTING AFTER THE DEPARTURE TIME SHALL BE AUTOMATICALLY CANCELLED AND NO REFUND SHALL BE ISSUED.
ALL PASSENGERS ARE REQUESTED TO CARRY A VALID PHOTO ID PROOF.
CHILDREN AGED 3 AND BELOW CAN TRAVEL WITHOUT BUYING THE TICKET. CHILDREN AGED 3 AND BELOW SHALL ALWAYS BE IN THE COMPANY OF ADULT WITH VALID TICKET.
PRIORITY WILL BE GIVEN TO EMERGENCY SERVICES AT ALL TIMES.
SMOKING / SPITTING / CHEWING/ TOBACCO ON THE BOAT AND WITHIN THE TERMINAL PREMISES (EXCEPT AT THE DESIGNATED SMOKING AREA) IS STRICTLY PROHIBITED AND PUNISHABLE BY LAW. A PENALTY OF UPTO RS. 5000/- PER OFFENCE SHALL BE CHARGED FROM DEFAULTERS AT THE DISCRETION OF THE OPERATOR.
TAKING OR ASSISTING IN TAKING ANY PHOTOGRAPHS OR VIDEOS OR USING ANY DIGITAL DEVICE FOR CLICKING PHOTOS OR MAKING VIDEO FILMS IS NOT PERMITTED WHILE YOU ARE ON THE BOAT, UNLESS EXPRESSELY ALLOWED BY THE OPERATOR.
CARRYING & CONSUMPTION OF DRUGS & ALCOHOL ON BOAT AND WITHIN THE TERMINAL PREMISES IS STRICTLY PROHIBITED AND IS PUNISHABLE BY LAW.
ALL PASSENGERS ARE REQUESTED TO COOPERATE FOR LUGGAGE SCANNING.
MISCONDUCT WITH SECURITY STAFF, TERMINAL STAFF, BOAT CREW AND FELLOW PASSENGERS IS PUNISHABLE BY LAW.
DAMAGE TO THE FERRY / TERMINAL PROPERTY IS PUNISHABLE BY LAW. AND PENALTY CAN BE CHARGED AS PER DISCRETION OF THE OPERATOR.
SPITTING, LITTERING, DEFECATING SHALL BE PUNISHABLE BY LAW.
THE ANIMAL OWNER SHALL BE LIABLE FOR ANY SOILING ON THE BOAT AND ITS INSTALLATIONS CAUSED BY THE ANIMAL, FOR DAMAGES CAUSED TO THE BOAT AND ITS INSTALLATIONS, AND FOR DAMAGE CAUSED TO OTHER PASSENGERS. ANY SOILING OF A LESSER DEGREE MAY BE REMOVED BY THE ANIMAL OWNER HIMSELF OR HERSELF, PROVIDED THIS IS DONE PROMPTLY; WHERE THE ANIMAL OWNER FAILS TO REMOVE THE SOILING PROMPTLY AND/OR FAILS TO DO SO PROPERLY, OPERATOR SHALL INVOICE THE ANIMAL OWNER FOR THE CLEANING COSTS, WITH THE MINIMUM CHARGES BEING INDIAN RUPEES 3,000/-.
CORRECTION OF NAME IS NOT PERMITTED IN TICKET ONCE BOOKED SO PLEASE MAKE SURE FOR CORRECT NAME.
FOR SAFETY REASONS, PASSENGERS ARE NOT PERMITTED TO CARRY INFLAMMABLE LIQUIDS, EXPLOSIVES, CORROSIVES, ARMS AND AMMUNITIONS AND OTHER RESTRICTED ARTICLES.
CARRIAGE OF ARTICLES REMOVED BY SECURITY WILL NOT PERMITTED ON BOARD OR AT THE TERMINALSEG: CUTTER, KNIFES, EXPLOSIVES, INFLAMMABLE ETC.
EMERGENCY FIRST AID KIT FOR PASSENGERS WILL BE AVAILABLE AT ALL TIMES.
BOARDING IS AT PASSENGER’S RISK.
RIGHT OF ADMISSION RESERVED.
ALL HAND BAGGAGE CARRIED BY THE PASSENGERS WILL BE AT THEIR OWN RISK. THE OPERATOR IS NO WAY LIABLE FOR ANY LOSS OR DAMAGE THAT MAY BE CAUSED TO THE PASSENGER BELONGINGS (INCLUDING HAND BAGGAGE) DURING THE COURSE OF CARRIAGE / VOYAGE.
THE OPERATOR IS NOT LIABLE FOR DAMAGE OR LOSS CAUSED BY ROADWORK, COMPLICATED TRAFFIC CONDITIONS, LACK OF ROAD MARKINGS OR INSTRUCTIONS, ABNORMAL WATER LEVELS OR OTHER CONDITIONS, WHEN DRIVING ON THE TERMINAL AREA, RAMPS OR SIMILAR, EVEN IF THE OPERATOR OR ITS EMPLOYEES COULD HAVE NOTICED THESE CONDITIONS AT THE TIME THE PASSENGER PASSES THE TICKET OFFICE, FOOTBRIDGES OR WHEN DRIVING ABOARD ON OR ASHORE FROM THE BOAT.
NO DOWNGRADING OF SEAT SELECTED/ ALLOTTED IS PERMITTED.
SUBJECT TO AVAILABILITY OF THE SEAT, THE PASSENGERS MAY REQUEST FOR UPGRADING OF SEAT ALREADY SELECTED.
ALL PASSENGERS AND VEHICLES ARE SUBJECT TO RANDOM SECURITY CHECKS AT OPERATOR’S DISCRETION.
THE OPERATOR IS NOT LIABLE TO ANY LOSS OR DAMAGE TO LUGGAGE BEING HANDLED BY ANY EMPLOYEE OR REPRESENTATIVE OF WEST COAST MARINE YACHT SERVICES PVT. LTD.
PASSENGERS ARE ALLOWED ONLY 1 HAND BAGGAGE PER PASSENGER, THE HAND BAGGAGE SHALL NOT BE BIGGER IN DIMENSIONS THAN 55 cm (length) X35 cm (breadth) X25 cm (height).
NO CARGO/GOODSVEHICLES PERMITTED.
CONSUMPTION OF OUTSIDE FOOD/DRINKS IS STRICTLY PROHIBITED IN THE TERMINAL AREA AND ONBOARD THE BOAT.
DRINKING AND DRIVING IS STRICTLY PROHIBITED IN THE TERMINAL AREA. THE OPERATOR RESERVES THE RIGHT TO TAKE APPROPRIATE ACTION IF SUCH BEHAVIOUR IS OBSERVED.
PASSENGERS ARE TO TRAVEL AT THEIR OWN RISK AND THE OPERATOR/COMPANY DOES NOT ACCEPT ANY RESPONSIBILITY FOR ANY LOSS, DAMAGE, ACCIDENT, DEATH OR LOSS OF LIFE
TICKETS MAY ONLY BE ISSUED BY WEST COAST MARINE YACHT SERVICES PVT. LTD. AND ITS AUTHORISED BOOKING PARTNERS.

ADDITIONAL TERMS AND CONDITIONS

By accessing our website and using any service provided by our website, including but not limited to viewing any of its content or purchasing the ticket or merchandise, or utilization of any resources, information, content, materials and results or output derived from such services or products on the website, Users expressly agree to be bound by these terms and conditions, including the terms of our privacy policy, and all applicable laws and regulations governing the use of this Website. If you do not agree with these terms and conditions, privacy policy, or policy regarding ticket purchases, then you are not authorized to use the Services and/ or the website.
The Operator reserves the right to cancel or change the published voyage for any official purpose and in any manner or to any extent. The Operator shall bear no liability for any loss that passenger may suffer, any consequences thereof or in respect of any changes in the schedule due to bad weather or any technical reason. In this case passenger can either claim full refund or can reschedule his/her journey on availability.
The Passenger hereby warrants and declares he / she includes any accompanying children and / or babies in arms does not suffer from any form of major illness or ailments. The Operator shall not be responsible for any consequences of whatsoever nature resulting from pre-carriage illness / ailments that may manifest during the course of carriage. The passenger undertakes to indemnity and hold the Operator harmless from any and all such consequences.
The Operator shall have no liability whatsoever for any injury or illness arising or resulting from any cause not attributable to any act, neglect, default on the part of the Operator and its servants.
This ticket and the carriage of passenger hereunder shall be governed by Indian law, and all disputes and claims (including but not limited to claims arising out of personal injury) and the carriage of passengers shall be referred to the exclusive jurisdiction of the competent court in Mumbai, India.
The operator shall have no liability whatsoever for any injury of illness arising or resulting from any cause not attributable to any act, neglect, default on the part of the operator and its servants.
REFUND AND CANCELLATION POLICY
1. No refunds or cancellations are permitted.
2. Please note that in case of cancellation of ferry service on account of:
  - Bad/ inclement weather condition,
  - Maharashtra Maritime Board(MMB), Govt. of Maharashtra’s or any other competent authority of government’s orders/notice,
  - Technical circumstances,
3. Ticket booking amount shall be refunded to passenger less taxes/handling charges.
BAGGAGE ALLOWANCE
1. Luggage of 10 (ten) kg per Passenger will be allowed, above which will be charged at INR 1000 per Kg.
2. Goods intended for resale, as trade samples or goods that are to be used commercially are not considered as luggage and must be registered as freight before departure. Freight of INR 1000 kg per person will be allowed and shall be charged at INR 1000/- per Kg.
3. Freight shall mean goods which the Passenger may not bring as hand luggage during the transportation and luggage which the Passenger may not keep with themselves. It shall include:
  - Goods that occupy space in the Boat’s cargo hold;
  - Luggage or freight that may cause danger or material inconvenience to the boat or to life or other Passenger’s property shall not be taken on board, without the consent of the Operator. Such luggage/ freight must be reported to the Operator no later than 24 hours before departure, after which the Operator informs the Passenger whether or how the dangerous luggage/ freight may be transported.
4. The Operator reserves the right to bring ashore, remove or destroy unreported dangerous goods, without any liability for damages incurring on the Operator.
5. The Passenger is responsible and liable towards the Operator, for direct and indirect damage incurred by the Operator or the Ferry, caused by dangerous goods that the Passenger has not reported to the Operator in accordance with above.
SAFETY AND SECURITY
1. The Passenger must pay attention to and comply with all regulations and notices relating to the safety and security of our boat, her crew and passengers and the terminal facilities. For these reasons, the Passenger must be prepared to allow on request to conduct a search of such Passenger, his/ her baggage(s) by any authorised person of the Operator and to answer any questions asked thereof. If the Passenger does not agree to any such request or cannot verify the content of the baggage then the Passenger will not be allowed to travel, no refunds will be provided and we shall otherwise have no other liability to the Passenger.
2. The Passenger is expected at all times to conduct himself/ herself in a manner, which respects the health, comfort and safety of all other persons on board. The Passenger is also expected to comply with any reasonable request made by a member of our staff. If the Passenger does not, or if in our opinion the Passenger’s conduct is likely to give cause for concern, we reserve the right to refuse to allow the Passenger to embark or require that the Passenger disembarks and/or leaves the Terminal facilities. Under such circumstances the Operator will not refund any money that the Passenger has paid for buying the ticket and shall have no liability to the Passenger as a result of the cancellation of the Passenger’s travel.
3. If the Passenger forgets to take back any of his / her personal property after the end of journey, the Operator may dispose it after a reasonable period of time and shall not be held responsible.
4. If, for any reason (other than fault on our part), the Passenger, Passenger’s personal property are not disembarked at the end of his/ her journey, the Passenger and/or they may be returned at our discretion to the Terminal and we will be entitled to charge you an appropriate fare.
5. Parents/Guardians/Group Leaders should not permit children to run around the boat if unaccompanied. Parents/ guardians and group leaders are required to supervise their children at all times.
PROPERTY DAMAGE
- The Operator reserves the right to claim from the Passenger for any damage sustained to The Boat or Terminal property due to any malicious, wilful or negligent damage caused by the Passenger or any other person travelling as part of the Passenger’s booking.
LIABILITY
1. The Operator shall not be liable for loss of or damage to cash, negotiable securities, gold, silverware, jewellery, ornaments, works of art or any other valuables.
2. The Operator shall not be liable for any losses, damages or expenses arising from delay or for consequential losses howsoever arising. In no circumstances shall the Operator be liable to the Passenger for any loss, damage, death, personal injury or expense of any nature which arises out of:
3. the Passenger’s fault or that of any person travelling with the Passenger, or
4. the act or omission of any third party who has no connection with the provision of the services we have agreed to provide to the Passenger where such act or omission is unforeseeable or unavoidable by the Operator, or
5. any unusual or unforeseeable circumstances outside the Operator’s control where the consequences could not have been avoidable even with the exercise of all due care by the Operator.
6. From time to time sailing schedules may be interrupted or changed and crossing times extended due to adverse weather conditions or other operational circumstances beyond our control. The Operator cannot accept liability for any costs or inconvenience caused by such delays. In these circumstances the Operator will do its best to advise the Passenger of any delays.
7. The Operator cannot accept liability for any costs or inconvenience caused by delays in the Passenger’s arrival at the Terminal.
NOTICE OF LOSS OR DAMAGE TO LUGGAGE/ FREIGHT
1. Passengers whose luggage is damaged during the journey shall notify the Operator in writing of such damage:
2. if the damaged luggage is a cabin luggage and the damage is apparent, notification to the Operator shall be done before or at the time of the disembarkation of Passenger;
3. if the damaged luggage is freight and the damage is apparent, notification to the Operator shall be done at the time of delivery of the freight; or
4. if the damaged luggage/freight is not apparent, the complaint must be made within 24 hours from the date of disembarkation.
PERIOD OF LIMITATION TO FILE CLAIMS
- Any cause of action or claim the Passenger may have arising out of or relating to these terms and conditions or the Services must be commenced as soon as the incident has occurred and/ or before the Passenger exits from the Terminal facility/ the Vessel, otherwise, such cause of action or claim shall be barred due to lapse of limitation period.
PROVISIONS REGARDING DISABLED PERSONS & PERSONS WITH REDUCED MOBILITY
- The Operator strives to enable transport for all Passengers. Passengers who require special assistance due to disability before, during or after the trip, need to notify the Operator regarding the need of assistance when booking the trip. A booking of this type needs to be carried out at least 48 hours before the time of departure. If such notification is not carried out, the Operator cannot guarantee the Passenger embarkation, and could in some cases be forced to refuse the Passenger embarking. Disabled persons and persons with reduced mobility who request special assistance must, when indicated by the Operator, arrive at the point and at the time as designated by the Operator in writing, at earliest 60 minutes before the designated embarkation time, or, if no embarkation time is stipulated, no later than 60 minutes before the departure time according to the schedule.
USER'S RESPONSIBILITY OF COGNIZANCE OF THESE TERMS AND CONDITIONS
1. The Users availing Services from the Operator shall be deemed to have read, understood and expressly accepted the terms and conditions of these terms and conditions, which shall govern the desired transaction or provision of such Services by the Operator for all purposes, and shall be binding on the User. All rights and liabilities of the User and/or Operator with respect to any Services to be provided by the Operator shall be restricted to the scope of these terms and conditions.
2. Operator reserves the right, in its sole discretion, to terminate the access to its website or its other sales channels and the related Services or any portion thereof at any time, without notice, for general maintenance or any reason whatsoever.
3. Operator's Services are offered to the User conditioned on acceptance without modification of all the terms, conditions and notices contained in these terms and conditions. For the removal of doubts, it is clarified that availing of the Services by the User constitutes an acknowledgement and acceptance by the User of these terms and conditions. If the User does not agree with any part of such terms, conditions and notices, the User must not avail the Operator's Services.
4. In the event that any of the terms, conditions, and notices contained herein conflict with the additional terms or other terms and guidelines contained within any other of the Operators documents, then these terms shall control.
FEES PAYMENT
1. Operator reserves the right to charge transaction fees based on certain completed transactions using the Services. Operator further reserves the right to alter any and all fees from time to time, without notice.
2. The User shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of the Services.
3. In case, there is a short charging by Operator of the Service Fees or transaction fee or any other fee or service because of any technical or other reason, Operator reserves the right to deduct/charge/claim the balance subsequent to the transaction at its own discretion.
4. In the rare possibilities of the reservation not getting confirmed for any reason whatsoever, we will process the refund and intimate you of the same. Operator is not under any obligation to make another booking in lieu of or to compensate/ replace the unconfirmed one. All subsequent further bookings will be treated as new transactions with no reference to the earlier unconfirmed reservation.
CONFIDENTIALITY
- Any information which is specifically mentioned by Operator as confidential shall be maintained confidentially by the user and shall not be disclosed unless as required by law or to serve the purpose of these terms and conditions and the obligations of the Operator and the User.
USAGE OF THE MOBILE NUMBER OF THE USER BY OPERATOR
1. Operator may send booking confirmation, cancellation, payment confirmation, booking status, schedule change or any such other information relevant for the transaction, via SMS, email, voice call or by any digital means/ WhatsApp on the contact number / email id given by the User at the time of booking; Operator may also contact the User by voice call, SMS or email in case the User couldn’t or hasn’t concluded the booking, for any reason what so ever, to know the preference of the User for concluding the booking and also to help the User for the same. The User hereby unconditionally consents that such digital communications via SMS, WhatsApp, email and/ or voice call by Operator is (a) upon the request and authorization of the User, (b) ‘transactional’ and not an ‘unsolicited commercial communication’ as per the guidelines of Telecom Regulation Authority of India (TRAI) and (c) in compliance with the relevant guidelines of TRAI or such other authority in India and abroad. The User will indemnify Operator against all types of losses and damages incurred by Operator due to any action taken by TRAI, Access Providers (as per TRAI regulations) or any other authority due to any erroneous compliant raised by the User on Operator with respect to the intimations mentioned above or due to a wrong number or email id being provided by the User for any reason whatsoever.
ONUS OF THE USER
1. Operator is responsible only for the transactions that are done by the User through Operator. Operator will not be responsible for screening, censoring or otherwise controlling transactions, including whether the transaction is legal and valid as per the laws of the land of the User.
2. The User warrants that they will abide by all such additional procedures and guidelines, as modified from time to time, in connection with the use of the services. The User further warrants that they will comply with all applicable laws and regulations regarding use of the Services with respect to the jurisdiction concerned for each transaction.
3. The User represent and confirm that the User is of legal age to enter into a binding contract and is not a person barred from availing the Services under the laws of India or other applicable law.
ADVERTISERS ON OPERATOR OR LINKED WEBSITES
1. Operator is not responsible for any errors, omissions or representations on any of its pages or on any links or on any of the linked website pages. Operator does not endorse any advertiser on its web pages in any manner. The Users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
2. The linked sites are not under the control of Operator and Operator is 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. Operator is providing these links to the Users only as a convenience and the inclusion of any link does not imply endorsement of the site by Operator.
INSURANCE
1. The Operator shall in respect of the Services, maintain such insurance coverage for the Users as required under the Applicable Law.
2. Insurance, if any, provided as a part of the Service by Operator shall only provide such coverage as required under the Applicable Law and as be governed by the terms and conditions of the concerned insuring company. The User shall contact the Operator, to enquire about the insurance details and the concerned insurance company to whom the User shall contact for raising any claims or disputes. Notwithstanding anything stated hereinabove, the Operator does not provide any express or implied undertakings for acceptance of the claims by the concerned insurance company.
3. The Operator shall only be liable to pay for such insurance claims which have been accepted by the insurance company and only to such extent as has been covered under the relevant insurance policy.
FORCE MAJURE CIRCUMSTANCES
1. The User agrees that there can be exceptional circumstances where Operator may be unable to honour the confirmed bookings due to various reasons like climatic conditions, labour unrest, insolvency, business exigencies, Government decisions, operational and technical issues, route and flight cancellations etc. If Operator is informed in advance of such situations where dishonour of bookings may happen, it will make its best efforts to refund the booking amount after deducting reasonable service charges.
2. The User agrees that in situations due to any technical or other failure in Operator, services committed earlier may not be provided or may involve substantial modification. In such cases, Operator shall refund the entire amount received from the customer for availing such services minus the applicable cancellation, refund or other charges, which shall completely discharge any and all liabilities of Operator against such non-provision of services or deficiencies. Additional liabilities, if any, shall be borne by the User.
3. Operator shall not be liable for delays or inabilities in performance or non-performance in whole or in part of its obligations due to any causes that are not due to its acts or omissions and are beyond its reasonable control, such as acts of God, fire, strikes, embargo, acts of Government, acts of terrorism or other similar causes, problems at airlines, rails, buses, hotels or transporters end. In such event, the user affected will be promptly given notice as the situation permits.
4. Without prejudice to whatever is stated above, the maximum liability on part of Operator arising under any circumstances, in respect of any Services offered, shall be limited to the refund of total amount received from the customer for availing the services less any cancellation, refund or others charges, as may be applicable. In no case the liability shall include any loss, damage or additional expense whatsoever beyond the amount charged by Operator for its Services.
5. In no event shall Operator and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the
OPERATOR WEBSITE(S) OR ANY OTHER CHANNEL.
1. Neither shall Operator be responsible for the delay or inability to use the Operator websites or third party websites authorised by the Operator, related Services, the provision of or failure to provide Services, or for any information, software, products, services and related graphics obtained through the Operator website(s), or otherwise arising out of the use of the Operator website(s), whether based on contract, tort, negligence, strict liability or otherwise.
2. Operator is not responsible for any errors, omissions or representations on any of its pages or on any links or on any of the linked website pages.
ENROLLMENT AND USE
1. User shall register its account on the Operator’s website for availing the services provided thereon. As a part of the registration process, the Operator may collect certain personally identifiable information about the User. Such information refers to any information that identifies or can be used to identify, contact or locate a person, to whom such information pertains including, but not limited to the name, address, phone number, fax number, email address, financial profiles, identification number, credit card information, banking information etc. of such person (“Personal Information”). Accordingly, the User will provide correct details in relation to its Personal Information when prompted on the Operator’s website and User’s failure to do so may invalidate User’s request to use the Operator’s website and by giving the details (including Personal Information) the User agree to abide by these terms and conditions including online privacy policy mentioned herein below. User shall keep its account and registration details current and correct for communications related to User subscription. By agreeing to these terms and conditions, the User agrees to receive all information relating to the Operator’s website, the services offered thereon, all communication and instructions for availing special offers, newsletters and promotional benefits through email, SMS, phone calls, direct mail and other means of communication. The User shall solely be responsible for the appropriate use of the same.
2. If the User uses the Operator’s website, the User is bound to maintain the confidentiality of User account and password and for restricting access to User account. User shall be responsible for all activities that occur under User account. User shall notify the Operator immediately of any unauthorized use of User account or any other breach of security. The Operator reserves the right to alter or cancel the subscription made by the User, terminate accounts or remove or edit any content thereof in its sole discretion.
3. The User authorize the Operator and/or authorized third parties to retain the information shared or submissions made by User for the purpose of using the Operator’s website and for any marketing campaign of the Operator and/or third-party service providers.
4. At any point in time, the User can choose to unsubscribe from the newsletters, e-mails or any other information and communication which the User may receive from the Operator.
5. User experience may vary depending on the type of the device and the operating system that User uses and the Operator accepts no responsibility for any lack of functionality due to User equipment (including User device, internet connection, operating system or settings and software).
6. User shall be responsible for paying all costs and expenses that User may incur while using the Operator’s website (including, but not limited to internet data service access charges). The Operator’s website shall use cookies to monitor website visitors and traffic and by agreeing to use the website, User agree to use of cookies.
USE OF COOKIES
1. When User uses the Operator’s website, certain information may be stored locally on User’s device using “cookies” or similar technologies. A cookie is a piece of data that is sent to User’s device, which stores the cookie if web browser of User’s device is enabled to accept cookies. The Operator uses cookies to customize Your experience on the Operator’s website. Most devices will allow User to erase cookies from its device’s storage, block acceptance of cookies, or receive a warning before a cookie is stored. If the User blocks cookies, some portions of the Operator’s website may not function properly.
2. The Operator does not control cookies in third party content, and the Operator encourages the User to check the privacy policies of these third parties to learn about their use of cookies, web beacons, and other technology.
THIRD PARTY CONTENT
- The Operator’s website may contain (i) some hyperlinks which may lead the User out of the Operator’s website; and/or (ii) certain advertising and promotional content which is owned by third parties. Such information on the Operator’s website or contained in any websites linked from the Operator’s website, has not been reviewed by the Operator for accuracy or legal sufficiency. The Operator is not responsible for the contents of such third parties, any such external hyperlinks, and references to any external links should not be construed as an endorsement of the links or their content by the Operator. Use of such hyperlinks and third-party content contained therein and other sites is entirely at User’s own risk. The Operator does not make any representations or warranties about any such sites or content that User may access through the Operator’s website. Further, such other sites are not covered by our online privacy policy and the information usage practices at such sites may be different from the Operator’s privacy policy for the Operator’s website. The privacy policies of such sites should be consulted before submitting any Personal Information, as the Operator is not responsible for and has no control over the manner in which such sites collect, use, disclose, or otherwise process User’s Personal Information.
ONLINE PRIVACY POLICY
1. User’s privacy is important to us. To better protect User’s privacy, the Operator provides the following privacy policy explaining the online information practices and the choices the User can make about the way its Personal Information is collected, handled, dealt with and used at or in connection with the Operator’s website. By accepting these terms and conditions, the User shall also be deemed to have accepted the terms of this privacy policy. The Operator values the importance the User attaches to its Personal Information given to the Operator and therefore the Operator has taken all reasonable measures and precautions to (i) keep such information safe and secure and to prevent any unauthorized access to or misuse of the same; and (ii) enable the User to review and edit the same.
2. The Operator collects only such Personal Information that is believed to be relevant and is required to understand User’s interest. The Operator collects the Personal Information in order to record, support and facilitate effective availability and delivery of the Services offered on the Operator’s website and that User selects to track its preferences; to provide User with a customized relevant experience of the Operator’s website; to notify User of any updated information and new offers and other related functions offered by the Operator; to assist the Operator with customer service or technical support issues; or for such other purposes as the Operator may deem fit to prevent fraud and unlawful use of the Operator’s website.
3. By accepting these terms and conditions, User hereby gives unconditional consent to the collection, storage and use of its Personal Information in accordance with these terms and conditions.
USAGE OF PERSONAL INFORMATION
1. We do not trade, sell or transfer User’s Personal Information in any manner, except as specified herein to which User expressly consent. User acknowledge, consent and agree that the Operator may access, preserve and disclose its Personal Information if required by law or in good faith, if the Operator believes that such access, preservation, or disclosure is reasonably necessary: (i) to comply with legal process; (ii) to enforce these terms and conditions; (iii) to respond to claims that any content violates the rights of third parties; (iv) to respond to User requests for customer service; or (v) to protect the rights, property, or personal safety of the Operator, its other customers and the public.
2. Personal Information provided by User is used only:
  - to facilitate User use of the Operator’s website;
  - to respond to User inquiries or fulfil User requests for information about the various Services;
  - to provide User with information about the Product(s) and to send User information, materials, newsletters and offers;
  - to send User important information regarding the Operator’s website, changes to the terms and conditions of the Operator’s website and policies and/or other administrative information;
  - to help User address User’s problems with the Operator’s website;
  - for proper administration of the Operator’s website;
  - to conduct internal reviews and data analysis for the Operator’s website (e.g., to determine the number of visitors to the Operator’s website);
  - to improve the Service or the content on the Operator’s website;
  - to protect the integrity of the Operator’s website.
3. Some of User’s Personal Information may be shared with and used by third parties who shall need to have access to information, such as credit card processing companies, etc. to enable them and the Operator to perform their duties and fulfil User’s order requirements. We do not allow any unauthorized persons or organization to use any Personal Information that the Operator’s website may collect from the User. However, the Operator is not responsible for any information including Personal Information collected or shared or used by any other third-party website due to User browser settings. Further, under certain circumstances, third parties may unlawfully intercept or access transmissions or private communications, or members may abuse or misuse User information that they collect from the Operator’s website. Therefore, although the Operator uses industry standard security practices to protect User privacy, the Operator does not promise, and User should not expect, that the Personal Information or private communications would always remain private.
4. When User uses the Operator’s website, the Operator may automatically collect and store certain information in server logs, including but not limited to internet protocol (IP) addresses, internet service provider (ISP), browser type and language, viewed and exit pages. The Operator use this information to better understand our users' operating systems, for system administration and to audit the use of the App. We do not use this data to identify the name, address or other personal details of any individual.
5. Notwithstanding anything contained in herein or elsewhere, the Operator shall not be held responsible for any loss, damage or misuse of User’s Personal Information, if such loss, damage or misuse is attributable to a Force Majeure Event (as defined below).
SAFETY OF DATA DOWNLOADED
1. The User understands and agrees that any material and/or data downloaded or otherwise obtained through the use of the Service 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 and/or data.
2. Nevertheless, Operator will always make its best endeavours to ensure that the content on its websites or other information channels are free of any virus or such other malwares.
FEEDBACK FROM CUSTOMER AND SOLICITATION:
- The User is aware that Operator provides ferry services and would like to learn about them, to enhance his / her travel experience. The User hereby specifically authorizes Operator to contact the User with offers on various services offered by it through direct mailers, e-mailers, telephone calls, short messaging services (SMS) or any other medium, from time to time. In case that the customer chooses not to be contacted, he /she shall write to Operator for specific exclusion at mumbaiwatertaxi@gmail.comThe customers are advised to read and understand the privacy policy of Operator as mentioned herein below in these terms and conditions in accordance of which the Operator contacts, solicits the user or shares the user's information.
PROPRIETARY RIGHTS
1. Operator may provide the User with contents such as sound, photographs, graphics, video or other material contained in sponsor advertisements or information. This material may be protected by copyrights, trademarks, or other intellectual property rights and laws
2. The Operator’s name(s), logo(s) and all related names, logos, product and service names, designs and slogans are trademarks of the Operator or its affiliates or licensors. The User shall not use such marks without the prior written permission of the Operator. All other names, logos, product and service names, designs and slogans on the Operator’s digital platforms are the trademarks of their respective owners.
3. No license or right is granted by implication, estoppel or any other means to use any trademark appearing on the digital platforms.
4. The User may use this material only as expressly authorized by Operator and shall not copy, transmit or create derivative works of such material without express authorization.
5. The User acknowledges and agrees that he/she shall not upload post, reproduce, or distribute any content on or through the Services that is protected by copyright or other proprietary right of a third party, without obtaining the written permission of the owner of such right.
6. Any copyrighted or other proprietary content distributed with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject the User to personal liability or criminal prosecution.
7. If the User is unsure whether a trademark, service mark, logo or graphic is the property of the Operator, or if the User has any questions about the use of the Operator’s trademarks, then please contact the Operator. The Operator aggressively enforces its intellectual property rights and will actively seek the recovery of any fees, costs and damages it may incur preventing the misuse or misappropriation of its intellectual property.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
- Unless otherwise specified, the Operator Services are for the User's personal and non - commercial use. The User may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Operator website(s)or otherwise without the express written approval from Operator.
INDEMNIFICATION
1. The User agrees to indemnify, defend and hold harmless Operator and/or its affiliates, their websites and their respective lawful successors and assigns from and against any and all losses, liabilities, claims, damages, costs and expenses (including reasonable legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Operator and/or its affiliates, partner websites and their respective lawful successors and assigns that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by the User pursuant to these terms and conditions.
2. The user shall be solely and exclusively liable for any breach of any country specific rules and regulations or general code of conduct and Operator cannot be held responsible for the same.
REFUSAL
1. Operator at its sole discretion reserves the right to not to accept any User order without assigning any reason thereof. Any contract to provide any Service by Operator is not complete until full money towards the Service is received from the User and accepted by Operator.
2. Without prejudice to the other remedies available to Operator under these terms and conditions or under applicable law, Operator may limit the User's activity, or end the User's listing, warn other Users of the User's actions, immediately temporarily/indefinitely suspend or terminate the User's registration, and/or refuse to provide the User with access to the website if:
3. The User is in breach of these terms and conditions and/or the documents it incorporates by reference;
4. Operator is unable to verify or authenticate any information provided by the User; or
5. Operator believes that the User's actions may infringe on any third-party rights or breach any applicable law or otherwise result in any liability for the User, other Users of the website and/or Operator.
6. Operator may at any time in its sole discretion reinstate suspended Users. Once the User has been indefinitely suspended, the User shall not register or attempt to register with Operator or use the website in any manner whatsoever until such time that the User is reinstated by Operator.
7. Notwithstanding the foregoing, if the user breaches these terms and conditions or the documents it incorporates by reference, Operator reserves the right to recover any amounts due and owing by the user to Operator and to take strict legal action as Operator deems necessary.
RIGHT TO CANCELLATION BY OPERATOR IN CASE OF INVALID INFROMATION FROM USER
1. The User expressly undertakes to provide to Operator only correct and valid information while requesting for any Services under these terms and conditions, and not to make any misrepresentation of facts at all. Any default on part of the User would vitiate these terms and conditions and shall disentitle the User from availing the Services from Operator.
2. In case Operator discovers or has reasons to believe at any time during or after receiving a request for Services from the User that the request for Services is either unauthorized or the information provided by the User or any of them is not correct or that any fact has been misrepresented by him, Operator in its sole discretion shall have the unrestricted right to take any steps against the User(s), including cancellation of the bookings, etc. without any prior intimation to the User. In such an event, Operator shall not be responsible or liable for any loss or damage that may be caused to the User or any of them as a consequence of such cancellation of booking or Services.
3. The User unequivocally indemnifies Operator of any such claim or liability and shall not hold Operator responsible for any loss or damage arising out of measures taken by Operator for safeguarding its own interest and that of its genuine customers. This would also include Operator denying/cancelling any bookings on account of suspected fraud transactions.
INTERPRETATION
- The terms and conditions herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine, feminine and neuter form. The words "include", "includes" and "including" shall be deemed to be followed by the phrase "without limitation". Unless the context otherwise requires, the terms "herein", "hereof", "hereto", 'hereunder" and words of similar import refer to these terms and conditions as a whole.
SEVERABILITY
- If any provision of these terms and conditions is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of these terms and conditions shall continue to be in full force and effect.
HEADINGS
- The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of these terms and conditions, terms and conditions, notices, or the right to use this website by the User contained herein or any other section or pages of Operator websites or its partner websites or any provision hereof in any manner whatsoever.
- In the event that any of the terms, conditions, and notices contained herein conflict with the additional terms or other terms and guidelines contained within any particular Operator website, then these terms shall control.
RELATIONSHIP
- None of the provisions of any agreement, terms and conditions, notices, or the right to use this website by the User contained herein or any other section or pages of Operator Websites or its partner websites, shall be deemed to constitute a partnership between the User and Operator and no party shall have any authority to bind or shall be deemed to be the agent of the other in any way.
UPDATING OF THE INFORMATION BY OPERATOR
- User acknowledges that Operator provides Services with reasonable diligence and care. Operator endeavours its best to ensure that User does not face any inconvenience. However, in some instances, the information, software, products, and services included in or available through the Operator websites or other sales channels and ad materials may include inaccuracies or typographical errors which will be immediately corrected as soon as Operator notices them. Changes are/may be periodically made/added to the information provided. Operator may make improvements and/or changes in the Operator websites at any time without any notice to the User. Any advice received except through an authorized representative of Operator via the Operator websites should not be relied upon for any decisions.
MODIFICATION OF THESE TERMS AND CONDITIONS
- Operator reserves the right to change the terms, conditions, and notices under which the Operator websites are offered, including but not limited to the charges. The User is responsible for regularly reviewing these terms and conditions.
RESPONSIBILITIES OF USER VIS-À-VIS THESE TERMS AND CONDITIONS
- The User expressly agrees that use of the Services is at their sole risk. Operator may change the features or functionality of the Services at any time, in their sole discretion, without notice. Operator expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. No advice or information, whether oral or written, which the User obtains from Operator or through the Services shall create any warranty not expressly made herein or in the terms and conditions of the Services. If the User does not agree with any of the terms above, they are advised not to read the material on any of the Operator pages or otherwise use any of the contents, pages, information or any other material provided by Operator. The sole and exclusive remedy of the User in case of disagreement, in whole or in part, of the user agreement, is to discontinue using the Services after notifying Operator in writing.