These Terms and Conditions of Use & Services and any additional terms posted on this Site together constitute the entire agreement between Sakya and you with respect to your use of this Site. In addition to this Agreement and depending on the Services opted for by the User, the User shall be required to read and accept the relevant terms and conditions of service (“TOS”) for each such Service, which may be updated or modified by Sakya from time to time. Such TOS shall be deemed to be a part of this Agreement and in the event of a conflict between such TOS and this Agreement, the terms of this Agreement shall prevail.

This Site is only for your personal use. You shall not distribute exchange, modify, sell or transmit anything you copy from this Site, including but not limited to any text, images, audio and video, for any business, commercial or public purpose. As long as you comply with the terms of these Terms and Conditions of Use, Sakya grants you a non–exclusive, non–transferable, limited right to enter, view and use this Site. You agree not to interrupt or attempt to interrupt the operation of this site in any way. Access to certain areas of the Site may only be available to registered members. To become a registered member, you may be required to answer certain questions. Answers to such questions may be mandatory and/or optional. You represent and warrant that all information you supply to us, about yourself, and others, is true and accurate. Sakya Services are offered to you, the User conditioned on acceptance without modification of all the terms, conditions and notices contained in this Agreement and the TOS, as may be posted on the Site from time to time. For the removal of doubts, it is clarified that availing of the Services by you constitutes an acknowledgement and acceptance by you of this Agreement and the TOS. If you do not agree with any part of such terms, conditions and notices, the User must not avail Sakya.

All materials on this Site, including but not limited to audio, images, software, text, icons and such like (the “Content”), are protected by copyright under international conventions and copyright laws. You cannot use the Content, except as specified herein. You agree to follow all instructions on this Site limiting the way you may use the Content. There are a number of proprietary logos, service marks and trademarks found on this Site whether owned/used by Sakya or otherwise. By displaying them on this Site, Sakya is not granting you any license to utilize those proprietary logos, service marks, or trademarks. Any unauthorized use of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes. You may download such copy/copies of the Content to be used only by you for your personal use at home unless the sub–site you are accessing states that you may not. If you download any Content from this Site, you shall not remove any copyright or trademark notices or other notices that go with it.

If this Site contains bulletin boards, chat rooms, access to mailing lists or other message or communication facilities, you agree to use the same only to send and receive messages and materials that are proper and related thereto. By way of example and not as a limitation, you agree that when using the Site or any facility available thereon, you shall not do any of the following:

• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others
• Publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful material or information
• Upload or attach files that contain software or other material protected by intellectual property laws (or by rights of privacy and publicity) unless the User owns or controls the rights thereto or has received all consents therefor as may be required by law
• Upload or attach files that contain viruses, corrupted files or any other similar software or programs that may damage the operation of another’s computer
• Delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded
• Falsify the origin or source of software or other material contained in a file that is uploaded
• Advertise or offer to sell any goods or services, or conduct or forward surveys, contests or chain letters, or download any file posted by another user of a Forum that the User knows, or reasonably should know, cannot be legally distributed in such manner.

You are prohibited from posting or transmitting any defamatory, libelous, obscene, pornographic, profane, threatening or unlawful material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. Sakya assumes no liability or responsibility arising from the contents of any communications containing any defamatory, erroneous, inaccurate, libelous, obscene or profane material. Sakya may change, edit, or remove any user material or conversations that are illegal, indecent, obscene or offensive, or that violates Sakya’s policies in any way. Sakya reserves its right to withdraw your registration/ membership and / or bar you from the Site for violation of its Terms of Use or in relation to any content posted by you, which, may violate any law, defame any third party or violate and third party Intellectual Property Rights. Sakya will fully cooperate with any law enforcement authorities or court order requesting or directing Sakya to disclose the identity of anyone posting such materials.

The User hereby consents, expresses and agrees that he has read and fully understands the Privacy Policy of the Site. The User further consents that the terms and contents of such Privacy Policy are acceptable to him.

If you send any communications or materials to the Site by electronic mail or otherwise, including any comments, data, questions, suggestions or the like, all such communications are, and will be treated by Sakya, as non–confidential. You hereby give up any and all claim that any use of such material violates any of your rights including moral rights, privacy rights, proprietary or other property rights, publicity rights, rights to credit for material or ideas, or any other right, including the right to approve the way Sakya uses such material. Any material submitted to this Site may be adapted, broadcast, changed, copied, disclosed, licensed, performed, posted, published, sold, transmitted or used by Sakya anywhere in the world, in any medium, forever.

Internet transmissions are never completely private or secure. You understand that any message or information you send to this Site may be read or intercepted by others unless there is a special notice that a particular message (for example, credit card information) is encrypted (send in code). Sending a message to Sakya does not cause Sakya to have any special responsibility to you. The copyright in the contents of this Site belong to Sakya. Accordingly Sakya reserves all rights. Copying of part or all the contents of this Site without permission of Sakya is prohibited except to the extent that such copying/printing is necessary for the purposes of availing of the paid services provided.

Sakya affiliates or the site may offer or make available promotions, contests that require you to send in material or information about yourself or offer prizes. Each promotional offer or contest has its own rules, which you must read and agree to before you participate.

The material in this Site could include technical inaccuracies or typographical errors. Sakya may make changes or improvements at any time. The materials on this site are provided on an “As Is” basis, without warranties of any kind either expressed or implied. Information, software, products, and services contained on this Site, and the inclusion or offering of any products or services on this Site does not constitute any endorsement or recommendation of such products or services by Sakya, Sakya Affiliates and their respective suppliers. To the fullest extent permissible pursuant to applicable law, Sakya disclaims all warranties of merchantability, relating to the information and description of the hotel, air or any other travel services or any other products displayed on this Site (including, without limitation, the pricing, photographs, list of hotel amenities, general product descriptions, etc.), much of which information is provided by the respective suppliers. Hotel or any other ratings displayed on this Site are intended as only general guidelines, and Sakya, Sakya Affiliates and their respective suppliers do not guarantee the accuracy of the ratings. Sakya, Sakya Affiliates and their respective suppliers make no guarantees about the availability of specific products and services. Sakya may make improvements and/or changes on this Site at any time. Sakya does not warrant that the functions contained in this site will be uninterrupted or error free, that defects will be corrected, or that this site or the servers that make it available are free of viruses or other harmful components, but shall endeavor to ensure your fullest satisfaction
Sakya does not warrant or make any representations regarding the use of or the result of the use of the material on the site in terms of their correctness, accuracy, reliability, or otherwise, insofar as such material is derived from other service providers such as airlines, hotel owners and tour operators. You acknowledge that this Site is provided only on the basis set out in these terms and conditions. Your uninterrupted access or use of this Site on this basis may be prevented by certain factors outside our reasonable control including, without limitation, the unavailability, inoperability or interruption of the Internet or other telecommunications services or as a result of any maintenance or other service work carried out on this Site. Sakya does not accept any responsibility and will not be liable for any loss or damage whatsoever arising out of or in connection with any ability/inability to access or to use the Site. You also acknowledge that through this Site, Sakya merely provides intermediary services in order to facilitate highest quality services to you. Sakya is not the last–mile service provider to you and therefore, Sakya shall not be or deemed to be responsible for any lack or deficiency of services provided by any person (airline, travel/tour operator, hotel, facility or similar agency including any other agency in relation to products sourced/purchased/ ordered through the Site) you shall engage or hire or appoint pursuant to or resulting from, the material available in this Site. Sakya, Sakya Affiliates, and their respective suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, and services, including all implied warranties and conditions of merchantability, satisfactory quality, fitness for a particular purpose, title, and non–infringement. Sakya will not be liable to you or to any other person for any direct, indirect, incidental, punitive or consequential loss, damage, cost or expense of any kind whatsoever and howsoever caused from out of your usage of this Site. In no event shall Sakya, Sakya Affiliates ,and their respective suppliers be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of, or in any way connected with, your access to, display of or use of this Site or with the delay or inability to access, display or use this Site (including, but not limited to, your reliance upon opinions appearing on this web site; any computer viruses, information, software, linked sites, products, and services obtained through this Site; or otherwise arising out of the access to, display of or use of this Site) whether based on a theory of negligence, contract, tort, strict liability, or otherwise, and even if the Sakya group companies, the Sakya Affiliates and their respective suppliers have been advised of the possibility of such damages. You agree to defend and indemnify Sakya, Sakya Affiliates, and their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

• your breach of this Agreement or the documents referenced herein; or
• your violation of any law or the rights of a third party

Notwithstanding anything else to the contrary contained elsewhere herein or otherwise at law, Sakya’s liability (whether by way of indemnification to you or otherwise) shall be restricted to a maximum of INR 1000 (Indian Rupees One Thousand only).

The products and services displayed on the Site may not be available for purchase in your particular country or locality. The reference to such products and services on the Site does not imply or warrant that these products or services will be available at any time in your particular geographical location. You should check with your local Sakya authorized representative for the availability of specific products and services in your area.

Sakya may add to, change or remove any part of these Terms and Conditions of Use at any time, without notice. Any changes to these Terms and Conditions of Use or any terms posted on this Site apply as soon as they are posted. By continuing to use this Site after any changes are posted, you are indicating your acceptance of those changes. Sakya may add, change, discontinue, remove or suspend any other Content posted on this Site, including features and specifications of products described or depicted on the Site, temporarily or permanently, at any time, without notice and without liability. Sakya reserves the right to undertake all necessary steps to ensure that the security, safety and integrity of Sakya’s systems as well as its client’s interests are and remain, well–protected. Towards this end, Sakya may take various steps to verify and confirm the authenticity, enforceability and validity of orders placed by you. In case of travel services offered on the Site, if Sakya, in its sole and exclusive discretion, concludes that the said orders are not or do not reasonably appear to be, authentic, enforceable or valid, then Sakya may cancel the said orders at any time up to 5 hours before the scheduled time of departure of the relevant flight or 5 hours before the expected date of visit to any property booked through Sakya.

You shall be liable to pay all applicable charges, fees, duties, taxes, levies and assessments for availing the Sakya Services.

You represent and confirm that you are 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. To avail a Service through the Site, You / the User has and must continue to maintain at his sole cost: (a) all the necessary equipments including a computer and modem etc. to access the Site/avail Services; (b) own access to the World Wide Web. You / The User shall be responsible for accessing the Services and that access may involve third party fees including, airtime charges or internet service provider’s charges which are to be exclusively borne by the User.

You / The user also understand that the services may include certain communications from Sakya as service announcements and administrative messages. You understand and agree that the services are provided on an "as is" basis and that Sakya does not assume any responsibility for deletions, non-delivery or failure to store any user communications or personalized settings. Registration of the User on the Site is optional. If you opt to register yourself on the Site, upon completion of the registration process, you shall receive a user ID and password. You agree and undertake at all times to be responsible for maintaining the confidentiality of the password and user ID, and agree that you shall be fully responsible for all activities that occur by use of such password or user ID. Further, you also agree not to use any other party's under ID and password for any purpose whatsoever without proper authorization from such party. You are responsible for the security of your password and for all transactions undertaken using your password through our service. The Password entered by you is transmitted in one- way encrypted form to our database and stored as such. Thus the Password will not be known even to Sakya. You confirm that you are the authorised holder of the credit card or the original account holder used in the transactions you make using the Sakya services. Sakya will not be responsible for any financial loss, inconvenience or mental agony resulting from misuse of your ID/password/credit card number/account details number for using Sakya Services. You also agree and undertake to immediately notify Sakya of any unauthorized use of the your password or user ID and to ensure that the you logs off at the end of each session at the Site. Sakya shall not be responsible for any, direct or indirect, loss or damage arising out of your failure to comply with this requirement.

You also agree to: (a) provide true, accurate and complete information about yourself and your beneficiaries as prompted by the registration form ("Registration Data") on the Site; and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you, the User provide any information that is untrue, inaccurate, not current or incomplete or Sakya has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Sakya has the right to suspend or terminate your registration and refuse any and all current or future use of the Site and/or any Service. Furthermore, you grant Sakya the right to disclose to third parties Registration Data to the extent necessary for the purpose of carrying out the Services.

You may travel to certain destinations which involve greater risks than others, entirely at your risk as to cost and consequences. Sakya requests you to consult your local authorities and evaluate travel prohibitions, warning, announcements, and advisories issued by them before booking travel to certain international destinations.

By offering for sale travel to particular international destinations, Sakya does not represent or warrant that travel to such point is advisable or without risk. Sakya does not accept liability for damages, losses, or delays that may result from improper documents for entry, exit, length of stay, or from travel to such destinations.

Sakya, Sakya Affiliates and their respective suppliers are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any air carriers, hotels or other suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting there from. Sakya, Sakya’s Affiliates and their respective suppliers have no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expense, omissions, delays, re–routing or acts of any government or authority.

Sakya reserves its exclusive right in its sole discretion to alter, limit or discontinue the Site or any material posted herein, in any respect. Sakya shall have no obligation to take the needs of any User into consideration in connection therewith. Sakya reserves its right to deny in its sole discretion any user access to this Site or any portion hereof without notice. You agree to abide by the terms and conditions of purchase imposed by any supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and with the supplier’s rules and restrictions regarding availability and use of fares, products, or services. You acknowledge that some third–party providers offering certain services and/or activities may require you to sign their liability waiver prior to participating in the service and/or activity they offer. You understand that any violation of any such supplier’s rules and restrictions may result in cancellation of your reservation(s), in your being denied access to the applicable travel product or services, in your forfeiting any monies paid for such reservation(s), and/or in Sakya debiting your account for any costs we incur as a result of such violation. No waiver by Sakya of any provision of these Terms and Conditions shall be binding except as set forth in writing and signed by its duly authorized representative.

You agree to indemnify, defend and hold harmless Sakya from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Sakya 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 you pursuant to this Agreement.

Either You or Sakya may terminate this Agreement and a Service with or without cause at any time to be effective immediately. You agree that Sakya may under certain circumstances and without prior notice, immediately terminate your user ID and access to the Website/Services. Causes for termination may include, but shall not be limited to, breach by you of this Agreement, requests by enforcement or government agencies, requests by you, non-payment of fees owed by the User in connection with the Services as specified in the applicable Terms of services (TOS). This Agreement may be terminated by either you or Sakya through a written notice to the other. Sakya shall not be liable to you or any third party for termination of any Service. Should you object to any terms and conditions of this Agreement, any TOS or become dissatisfied with the Service in any way, your only recourse is to immediately: (a) discontinue use of the Website/Service; and (b) notify Sakya of such discontinuance.

Upon termination of the Service, your right to use the Website/Services and software shall immediately cease. You shall have no right and Sakya shall have no obligation thereafter to execute any of your uncompleted tasks or forward any unread or unsent messages to you or any third party. Once your registration or the Services are terminated, cancelled or suspended, any data that you have stored on the Website may not be retrieved later.

All notices and communications (including those related to changes in the TOS, Service, termination of Service etc.) shall be in writing, in English and shall deemed given if delivered personally or by commercial messenger or courier service, or mailed by registered or certified mail (return receipt requested) or sent via email/facsimile (with acknowledgment of complete transmission) to the following address –

• If to Sakya, at enquiries@cheapestontheday.com and/or at the address posted on the Website.
• If to a non registered User, at the communication and/or email address specified in the application form availing of a Sakya Service.
• If to a registered User, at the communication and/or email address specified in the registration form.

Notice shall be deemed to have been served 48 hours after it has been sent, dispatched, displayed, as the case may be, unless, where notice has been sent by email, it comes to the knowledge of the sending party, that the mail address is invalid.

If any provision of this Agreement 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 this Agreement shall continue to be in full force and effect.

f any dispute arises between you and Sakya during your use of the Site or thereafter, in connection with and arising from your use or attempt to use this Site, the dispute shall be referred to arbitration. The place of arbitration shall be Delhi. The arbitration proceedings shall be in the English language. The said arbitration proceedings shall be governed and construed in accordance with the Arbitration and Conciliation Act, 1996 and modifications thereof as in force at the relevant time.

These terms and conditions are governed by and shall be construed in accordance with the laws of the Republic of India and any dispute shall exclusively be subject to the jurisdiction of the appropriate Courts situated at New Delhi, India.