Welcome to Avvtar Inc. (DBA: FoneTrip).
Please read the following Terms and Conditions carefully as they contain important information about your legal rights and obligations.
We operate a mobile marketplace platform that connects the Traveler with the Avvtar.
Our platform allows the Avvtars to serve as real time and dedicated online guides, as well as, the Travelers to find, book and join trips through the eyes of the Avvtars and process payments via Stripe or any other payment tool as deemed fit by Avvtar Inc. for the selected service(s).
We, at Avvtar Inc.(DBA: FoneTrip), are not a travel agency,nor a trip operator, and we ourselves do not provide trips and related services found within the mobile application.
In fact, when you book a trip with one of the available Avvtars, within the preferred location(s) you wish to tour and explore, you are entering into a contract directly with that particular Avvtar, not to be confused with Avvtar Inc. or Avvtar Inc. (DBA: FoneTrip).
Therefore, in no event shall Avvtar Inc. (DBA: FoneTrip) be deemed a party to any activity or agreement, in any way, whereby you (in case of Traveler) book an online live trip from the nearest Avvtars in the preferred location you wish to tour and explore and neither shall you (in case of Avvtars) make any representation to that effect.
The Avvtars, and not Avvtar Inc., are personally and individually responsible for any and all services.
IMPORTANT: PLEASE REVIEW THE LITIGATION CLASS ACTION WAIVER PROVISION CONTAINED HEREIN, AS IT REQUIRES THE PARTIES TO RESOLVE DISPUTES ON AN INDIVIDUAL BASIS. IF YOU DO NOT AGREE, PLEASE DO NOT ACCESS OR USE THE MOBILE APPLICATION AND/ OR SITE, MOBILE APPLICATION AND/OR THE SERVICES.
These Terms and Conditions may be amended and / or modified from time to time by Avvtar Inc. (DBA: FoneTrip), and unless otherwise expressly stated, shall be the unified terms and conditions applicable and binding upon both the Avvtar (“Avvtar’s” or “Avvtars”) and the Traveler (“Traveler’s” or “Travelers”), and further, sets forth the terms on which:
(a) “We”, “us” or “our” Avvtar Inc., USA., located at 10601 Clarence Dr, Suite 250 Frisco, Texas, USA 75033 (“Avvtar Inc. (DBA: FoneTrip)”) provide services (“Services”) through our proprietary mobile marketplace platform accessible via the www.fonetrip.com Mobile application and/ or website and subdomains (the “Mobile application and/ or Site”) and/or over the phone and/or by email, and
(b) any Travelers that access the Mobile application and/ or Site and/or uses our Services, which includes booking Avvtar trips and related services (the “Trips”) from Avvtars, accesses the Mobile application and / or Site, or any Avvtars that use our Services and related services to provide such Trips;
(c) unless otherwise stated, these Terms and Conditions shall uniformly apply and be binding upon both the Travelers and Avvtars who shall be individually and collectively referred to as “You”, “you”, “your”, “yourself” or “their” in such and all instances throughout Avvtar Inc. (DBA: FoneTrip)’s Terms and Conditions, the Privacy Policy, and Disclaimer.
When You access the Mobile application and/ or Site and/or use our Services, You hereby represent and warrant that:
(a) You have thoroughly read, fully understood, and unequivocally accept and agree to comply with and be bound by these Terms and Conditions;
(b) You are an individual at least 18 years old or a duly organized, validly existing business, organization or other legal entity in good standing under the laws of the country in which You are established and / or a citizen;
(c) You shall abide by and comply with all the relevant anti-money laundering laws and regulations in your country;
(d) You are able to enter into legally binding contracts, and
(e) You are not forbidden or blacklisted by Avvtar Inc. (DBA: FoneTrip) to access and/or use the Mobile application and/ or Site.
If You do not agree to be bound by these Terms and Conditions, You may not access and/or use the Mobile application and/ or Site and/or our Services and should immediately leave the Mobile application and/ or Site.
These Terms and Conditions should be read together with our CANCELLATION POLICY and Privacy Policy.
We operate the Mobile application and/ or Site, which is a mobile marketplace platform allowing the Avvtars to be online and available for their Trips and the Travelers to search and book Trips and process payments.
Travelers may search for destinations (including points of interest).
Once the Travelers decide on a specific location/ destination, the Travelers may connect and enter into contract(s) directly with the Avvtars and through the Mobile application by connecting with the Avvtars over the internet.
We are constantly updating our Mobile application and/ or Site and its functionalities for a better user experience. Therefore, We will, without notice, modify and/or delete any functionality on the Mobile application and/ or Site and/or introduce new ones from time to time and without notice.
Travelers may search for locations/ destinations and Avvtars through the Mobile application subject to prior sign up.
In order to book Trips on the Mobile application, each Traveler is required to register an account and
complete the Traveler’s profile with the Traveler’s personal details ("Traveler’s Account").
The Travelers shall not apply
to open more than one Traveler’s Account on the Mobile application.
The approval for opening of a Traveler’s Account is at the sole discretion of Avvtar Inc. (DBA: FoneTrip).
We reserve the exclusive right to refuse to open a Traveler’s Account and/or cancel a Traveler’s Account without notice and liability, at our sole discretion, for any reason(s) whatsoever, or for no reason at all.
Each Traveler is also required to setup a Stripe account for making all payment(s) to his / her Avvtar(s) via the same.
The Travelers must provide accurate, current and complete information and keep the information on their individual
Traveler’s Account up-to-date at all times. We will only collect and use personal information from the Travelers in
accordance with our Privacy Policy.
Each Traveler is solely and exclusively responsible for any claims relating to any inaccurate, untimely, or incomplete
information provided by that Traveler on his / her Traveler’s Account.
Each Traveler shall be solely and at all times liable for any activity on their individual Traveler’s Account and
shall keep their individual password confidential. If the Traveler becomes aware that any person has entered that
particular Traveler’s Account without their permission, the affected Traveler shall inform Avvtar Inc. (DBA: FoneTrip)
immediately. However, Avvtar Inc. (DBA: FoneTrip) shall not, at any time, be liable for any damage caused to
the Traveler due to such unauthorized access on that compromised Traveler’s Account.
If any Traveler books a “Go-Live Now” on our Mobile application, then that Traveler understands and agrees with the following that:
(a) unless the Traveler can furnish and upload, to its Traveler’s Account for further verification by Avvtar Inc. (DBA: FoneTrip), a legible and valid written consent undersigned by the occupier, Court Order, or an official clearance in writing, any of which authenticated by the concerned Government authority, in the country where consent is required, fourteen (14) days ahead of the scheduled Go-Live Now, the Go-Live Now feature cannot be used to access any private or restricted area using the Mobile application;
(b) hand-picked staff of Avvtar Inc. (DBA: FoneTrip) may randomly and simultaneously access any Go-Live Now session for technical quality purposes;
(c) Avvtar Inc. (DBA: FoneTrip) is not responsible for any damages or technical malfunction of any hardware, network, or systems related to, or resulting from, the participation in a Go-Live Now, including, but not limited to, any injury or damage to any participant and to any person’s electronic device.
Prices are determined by Avvtar Inc. (DBA: FoneTrip) for Go-Live Now.
Each Traveler shall ensure that any and all payments to the Avvtars are processed through the Mobile application,
or such other means as only Avvtar Inc. (DBA: FoneTrip) may determine fit.
Travelers will make payment of bookings by credit/ debit card or other form of e-payment available through the Mobile application.
We do not store credit card information.
Avvtar Inc. (DBA: FoneTrip) uses a third-party service to process the Traveler’s payment information for all
transactions made through Avvtar Inc. (DBA: FoneTrip).
Any payment collected by Avvtar Inc. (DBA: FoneTrip) from Travelers, through the aforementioned Mobile Application and / or Site, shall be used for covering operating expenses of Avvtar Inc. (DBA: FoneTrip), including but not limited to, profits, as well as, disbursement to an Avvtar for his/her services.
Travelers authorize Avvtar Inc. (DBA: FoneTrip) and its payment service partners to process Travelers payments.
These payment-processing services are governed by the terms and conditions of the aforementioned third-party
services and will apply to the payments Travelers make through their system.
Each Trip is displayed in USD only.
Each Traveler’s bank or credit card company may apply different commissions, market rates, and charges when
selecting a country and Avvtar Inc. (DBA: FoneTrip) is not liable for any such fees or additional fees incurred by any
Traveler or individual involved in a particular transaction.
Both the Travelers and Avvtars agree and understand that any cancellation by the Traveler or by an Avvtar shall be
subject to the CANCELLATION POLICY in force at the time of the booking.
Avvtar Inc. (DBA: FoneTrip) may, at any time without notice, cancel any booking, in its sole discretion, if We believe,
in good faith, that such cancellation is necessary to prevent or reduce any damages to any Traveler or Avvtar of the
Mobile application and/ or Site and/or to Avvtar Inc. (DBA: FoneTrip), or where the Avvtar’s Account is pending
termination or suspension.
All fees and charges payable to Avvtar Inc. (DBA: FoneTrip) from both the Traveler and Avvtar are non-refundable.
Avvtar Inc. (DBA: FoneTrip) shall not be responsible for any incidental expenses Travelers, Avvtars, and/or any other
participant(s) may have directly or indirectly incurred as a result of a Trip.
You agree to the following provisions:
(a) Use of the Mobile application and/ or Site. The Mobile application and/ or Site shall be used for the purposes
indicated herein and not for any illegal or unauthorized purposes. Travelers may not use the Mobile application and/
or Site to recruit, solicit, or contact Avvtars for personal or business offers or vice-versa. Also, neither the Travelers nor the
Avvtars may use the Mobile application and/ or Site to engage in sexual harassment, stalking or any other inappropriate
conducts.
(b) Contact Details. Travelers agree not to share any personal contact details, including, full name, phone number,
email, and/or social networks with the Avvtars.
(c) Communication with the Avvtars. Travelers agree that all communications with the Avvtars shall only occur through the Mobile application and/ or Site.
Avvtar Inc. (DBA: FoneTrip) handles customer service through telephone and email.
Avvtar Inc. (DBA: FoneTrip) reserves the right to monitor communications between Travelers and the Avvtars and
review and edit those communications in case they do not comply with these Terms and Conditions.
Travelers are solely responsible for and shall individually exercise caution and good judgment in using the Mobile application
and/ or Site and disclosing sensitive information to the Avvtars.
(d) Communication with Us. Travelers and Avvtars agree that Avvtar Inc. (DBA: FoneTrip) may contact Travelers and
Avvtars via email, text messages, calls, and automated calls, to the phone number and email addresses Travelers
and Avvtars provide in the Traveler’s/ Avvtar’s Account or otherwise provided to Us, to communicate to Travelers
and Avvtars, including, but not limited to, for any updates, changes, and/or important information related to any
bookings or travel services.
(e) Avvtar’s Information. Travelers agree that you will not use your Avvtar’s information for any purpose other than to participate in a Trip or in connection to other services contracted through the Mobile application and/ or Site.
(f) Customer Disputes. Travelers agree to assist and work in good faith with Avvtar Inc. (DBA: FoneTrip) to address any customer
disputes or complaints. If there are any issues that cannot be resolved directly with the Avvtar in question, Travelers may contact
Avvtar Inc. (DBA: FoneTrip) and We will attempt to help resolve the issue. We do not control the performance of the
Avvtars nor their services and We do not guarantee to be able to always resolve any given dispute.
(g) Unauthorized Access to the Mobile application and/ or Site. You will not use the Mobile application and/ or Site
and/or Services in any manner that could damage, disable, overburden or impair the functioning of the Mobile
application and/ or Site, use data mining or any other method to extract data, apply reverse engineering, or access
areas of the Mobile application and/ or Site which You are not authorized to access.
(h) Links to other web, mobile application and/ or sites. The Mobile application and/ or Site may contain links to
third-party web mobile application and/ or sites which are subject to different terms and conditions. We are not
liable for, nor endorse, the content and/or services available through those mobile application and/ or websites.
We recommend that You read and thoroughly familiarize yourself with the terms and conditions of such third-party mobile application and/ or websites.
Travelers understand, accept, acknowledge and agree that the Avvtars are independent contractors and not
employees, agents, joint ventures or partners of Avvtar Inc. (DBA: FoneTrip) at any time, and that the Avvtars act
exclusively in their individual capacity and for their own benefit, and not on behalf or for the benefit, of Avvtar Inc.
(DBA: FoneTrip).
Travelers hereby understand, accept and expressly agree that Avvtar Inc. (DBA: FoneTrip) does not direct or control
the Avvtars generally or in their performance during the Trips, including, but not limited to, quality, timing, legality
or any other foreseen or unforeseen aspect whatsoever of the services actually delivered by the Avvtars, nor the integrity, responsibility or
any of the actions whatsoever of the Avvtars. All Trips are designed by the Avvtars on the go during Go-Live session
without any prior control and/or verification from Avvtar Inc. (DBA: FoneTrip).
The Avvtars, and not Avvtar Inc. (DBA: FoneTrip), are responsible for determining, understanding and complying
with all laws, rules and regulations that apply to their activity and to the Trips provided to Travelers.
Avvtars understand and agree that Avvtar Inc. (DBA: FoneTrip) shall automatically deduct all applicable charges, including, but not limited to, service charges and bank/ fund transfer fees charged by third party providers, such as, PayPal and / or Stripe, from each payout
of an Avvtar’s earnings, for using FoneTrip and related services, at the end of the Avvtar’s billing cycle.
That at the time of the aforementioned deduction per month, if there appears to be insufficient funds available on
the Avvtar’s Account to pay for using FoneTrip and related services, then that defaulting Avvtar’s Account shall be automatically terminated without prior notice and any funds available on that defaulting Avvtar’s Account shall be irrevocably confiscated by Avvtar Inc. (DBA: FoneTrip).
Any payment collected by Avvtar Inc. (DBA: FoneTrip) from Avvtars, through the aforementioned Mobile Application and / or Site, shall be used for covering operating expenses of Avvtar Inc. (DBA: FoneTrip), including but not limited to, profits, inter alia.
All Avvtars must setup and use a PayPal account at all times, until further notice from Avvtar Inc. (DBA: FoneTrip), and provide the details of his / her individual PayPal ID to Avvtar Inc. (DBA: FoneTrip) for disbursement of funds, through the same, as part of the services rendered by that particular Avvtar.
Failure to abide by the foregoing shall result in the Avvtar’s Account cancellation upon discovery by Avvtar Inc. (DBA: FoneTrip) and seizure of any funds present in that Avvtar’s Account.
We urge Avvtars to obtain suitable medical insurance prior to accepting a Trip.
Avvtars acknowledge, accept and understand that all travel involves an element of risk. Also, some Trips may be
adventurous in nature and may involve a significant amount of psychiatric and / or personal risk. We encourage Avvtars to fully educate
themselves about any risks, skills, and level of fitness inherent to the foreseen or unforeseen Trip.
In addition, we strongly encourage Avvtars to research, in advance, for information about the Traveler’s destination to determine the level of risk when travelling to certain adjacent areas.
We do not make any representation, nor provide warranty for any risk associated with any travel destination and We are not liable for any damage or loss that may arise out of, or in connection with, any such destination.
Avvtars hereby assume all such risks and understand that Avvtars, their estate, their family, legal heirs and assigns
hereby agree to release and hold harmless Avvtar Inc. (DBA: FoneTrip), its parent, subsidiaries, affiliates, directors,
and employees (“Avvtar Inc. (DBA: FoneTrip) Group”) from all liabilities and claims that arise from damages of every
kind and nature, known and unknown, both pecuniary and non-pecuniary, including but not limited to, illness, bodily
injury, psychiatric injury, trauma, disability and death to Avvtars that may arise out of, or in connection with, the
participation in a Trip.
Travelers hereby also assume all such risks and understand that Travelers, their estate, their family, heirs and assigns
hereby agree to release and hold harmless Avvtar Inc. (DBA: FoneTrip), its parent, subsidiaries, affiliates, directors,
and employees (“Avvtar Inc. (DBA: FoneTrip) Group”) from all liabilities and claims that arise from damages of every
kind and nature, known and unknown, both pecuniary and non-pecuniary, including but not limited to, illness, bodily
injury, disability and death to anyone in the Trip, including, but not limited to, the Avvtar, seen or heard over the
FoneTrip application or through another external source, or all the same vicariously experienced, be it trauma,
psychiatric injury, that may arise out of, or in connection with, the participation in a Trip.
AVVTAR INC. (DBA: FONETRIP) DOES NOT PUBLISH, CREATE, SELL, CONTROL, OFFER, DELIVER, OR SUPPLY ANY
AVVTAR TRIP, EXCEPT SETTING THE PRICE PER TRIP.
THE AVVTARS ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF THE AVVTAR INC. (DBA:
FONETRIP).
FURTHERMORE, AVVTAR INC. (DBA: FONETRIP) DOES NOT TAKE ANY RESPONSIBILITY AND IS NOT LIABLE FOR ANY
DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR ANY OTHER DAMAGES OR
EXPENSES, ARISING OUT OF, OR IN CONNECTION WITH, WITHOUT LIMITATION, (I) THE DELIVERY OF ANY TRIP, (II)
THE PERFORMANCE OF THE AVVTAR OR FAILURE TO PERFORM THE TRIP AND/OR THE AVVTAR’S SERVICES, (III) ANY
TRANSPORTATION SERVICE ASSOCIATED TO ANY TRIP, (IV) ANY OTHER SERVICE(S) OFFERED OR DELIVERED BY THE
AVVTAR, (V) THE AVVTAR’S ACTS OR OMISSIONS, REPRESENTATIONS, WARRANTIES, NEGLIGENCE, GROSS
NEGLIGENCE OR WILFUL MISCONDUCT AND (VI) PSYCHIATRIC, PERSONAL, BODILY INJURY, DEATH, PROPERTY
DAMAGE TO TRAVELERS, THE AVVTAR, OR ANY OTHER PARTY.
THE AVVTAR IS SOLELY AND EXCLUSIVELY RESPONSIBLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL,
EXEMPLARY, CONSEQUENTIAL OR ANY OTHER DAMAGES OR EXPENSES, ARISING OUT OF, OR IN CONNECTION WITH,
WITHOUT LIMITATION, (I) THE DELIVERY OF ANY TRIP, (II) THE PERFORMANCE OF THE AVVTAR OR FAILURE TO
PERFORM THE TRIP AND/OR THE AVVTAR’S SERVICES, (III) ANY TRANSPORTATION SERVICE ASSOCIATED TO ANY
TRIP, (IV) ANY OTHER SERVICE(S) OFFERED OR DELIVERED BY THE AVVTAR, (V) THE AVVTAR’S ACTS OR OMISSIONS,
REPRESENTATIONS, WARRANTIES, NEGLIGENCE, GROSS NEGLIGENCE OR WILFUL MISCONDUCT AND (VI)
PSYCHIATRIC, PERSONAL, BODILY INJURY, DEATH, PROPERTY DAMAGE TO ITSELF OR ANY OTHER PARTY.
THE TRAVELER IS SOLELY AND EXCLUSIVELY RESPONSIBLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL,
SPECIAL, EXEMPLARY, CONSEQUENTIAL OR ANY OTHER DAMAGES OR EXPENSES, ARISING OUT OF, OR IN
CONNECTION WITH, WITHOUT LIMITATION, (I) THE ACCEPTANCE OF ANY TRIP, (II) THE SELECTION OF THE AVVTAR
FROM THE DESIRED DESTINATION, (III) ACCEPTANCE OF ANY TRANSPORTATION SERVICE ASSOCIATED TO ANY TRIP,
(IV) ACCEPTANCE OF ANY OTHER SERVICE(S) OFFERED OR DELIVERED BY THE AVVTAR, (V) ACTS OR OMISSIONS,
REPRESENTATIONS, WARRANTIES, NEGLIGENCE, GROSS NEGLIGENCE OR WILFUL MISCONDUCT AND (VI)
PSYCHIATRIC, PERSONAL, BODILY INJURY, DEATH, PROPERTY DAMAGE TO ITSELF OR ANY OTHER PARTY.
AVVTAR INC. (DBA: FONETRIP)’S RESPONSIBILITY IS LIMITED TO LISTING AND MAKING AVAILABLE THE TRIPS AND
OTHER ANCILLARY SERVICES THROUGH THE MOBILE APPLICATION AND/ OR SITE.
ALTHOUGH WE PERFORM CERTAIN LIMITED SCREENINGS ON THE AVVTARS, WE DO NOT GUARANTEE THE EFFICACY
AND/OR ACCURACY OF SUCH PROCESS, AND, THEREFORE, WE DO NOT GUARANTEE THE RELIABILITY OF THE
AVVTARS.
MOREOVER, WE MAY NOT CONDUCT INDIVIDUAL IDENTITY VERIFICATIONS AND WE ARE NOT RESPONSIBLE FOR THE IDENTITY VERIFICATION OF ANY TRAVELERS OR AVVTARS OF THE MOBILE APPLICATION AND/ OR SITE.
DUE TO THE NATURE OF AVVTAR INC. (DBA: FONETRIP)’S SERVICES, AVVTAR INC. (DBA: FONETRIP) DOES NOT
GUARANTEE THE CONTINUOUS AND UNINTERRUPTED AVAILABILITY AND ACCESSIBILITY OF THE MOBILE
APPLICATION AND/ OR SITE.
THE MOBILE APPLICATION AND/ OR SITE IS PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’, WITHOUT WARRANTY OF ANY
KIND, EITHER EXPRESS OR IMPLIED.
AVVTAR INC. (DBA: FONETRIP) DOES NOT MAKE NOR GIVE ANY REPRESENTATION OR WARRANTY OR CONDITION OF
ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT, QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE.
ALSO, AVVTAR INC. (DBA: FONETRIP) MAY RESTRICT THE AVAILABILITY OF THE MOBILE APPLICATION AND/ OR SITE
IF THIS IS NECESSARY IN VIEW OF CAPACITY LIMITS, THE SECURITY OR INTEGRITY OF OUR SERVERS, AND/OR TO
CARRY OUT MAINTENANCE MEASURES FOR THE PROPER OR IMPROVED, MODIFIED OR ENHANCED FUNCTIONING
OF THE MOBILE APPLICATION AND/ OR SITE.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL AVVTAR INC. (DBA: FONETRIP) BE LIABLE EITHER
TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, SPECIAL, EXEMPLARY, DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, OR PUNITIVE DAMAGES OR LIABILITIES WHETHER IN ACTION BASED IN CONTRACT, WARRANTY,
STRICT LIABILITY, TORT OR OTHERWISE, EVEN IF SUCH PARTY HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY
OF SUCH DAMAGES OR IF SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEN BY SUCH PARTY.
IN NO EVENT SHALL AVVTAR INC. (DBA: FONETRIP)’S LIABILITY TO YOU OR ANY OTHER PERSON ARISING OUT OF OR
IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE MOBILE APPLICATION AND/ OR SITE EXCEED, IN THE
AGGREGATE, THE TOTAL AMOUNT PAID TO YOU IN YOUR AVVTAR CAPACITY FOR THE WHOLE OF THE DISPUTED
TRIP OR BY YOU IN YOUR TRAVELER CAPACITY FOR THAT PARTICULAR BOOKING WITH RESPECT TO WHICH SUCH
LIABILITY RELATES.
THE LIMITATION IN THIS SECTION SHALL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY IN THESE TERMS AND
CONDITIONS IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
You agree to defend, indemnify, and hold harmless Avvtar Inc. (DBA: FoneTrip) from all liabilities, claims, losses and expenses, including attorney’s fees, that may arise, directly or indirectly from, as a result of or in connection with (i) your use of the Mobile application and/ or Site and/or the Services and/or your booking, offer, or participation in a Trip, including, but not limited to, any damages, whether to persons or property, or death to any person, (ii) your Reviews, and (iii) any violation by You of these Terms and Conditions, including any infringement of any rights of third parties.
The Mobile application and/ or Site contents are property of Avvtar Inc. (DBA: FoneTrip), USA.
All the contents of FoneTrip mobile application and or related website are subject to copyrights. FoneTrip logo is
trademark of Avvtar Inc., USA.
You acknowledge and agree that the Mobile application and/ or Site and all its components, texts, graphics, data,
designs, look and feel, photographs, sounds, images, software, videos, and other contents, including, but not limited
to, all associated intellectual property rights (“Proprietary Material”), are the exclusive property of Avvtar Inc. (DBA:
FoneTrip) and is protected in all forms, media and technologies.
You may not copy, download, use, edit or retransmit any Proprietary Material, in whole or in part, without the prior
written, unequivocal and express permission of Avvtar Inc. (DBA: FoneTrip).
We shall be relieved from liability for partial or complete failure to fulfill obligations under these Terms and
Conditions due to force majeure or any foreseen or unforeseen circumstances.
In case of force majeure, We shall notify You on the commencement and cessation of circumstances preventing Us
from fulfilling our obligations.
Avvtar Inc. (DBA: FoneTrip) shall, at its sole discretion, amend and / or modify these Terms and Conditions from time
to time.
If we make changes to any of our Terms and Conditions, we will post the updated and amended Terms and
Conditions on the affected Mobile application and/ or Site, whereafter, it will be deemed that by your continued
access of the Mobile application and / or Site and use of the Services after the date of the amended and updated
Terms and Conditions, You have fully read over and unequivocally accepted the updated and amended Terms and
Conditions.
If, however, You do not agree to the amended Terms and Conditions, You must terminate these Terms and Conditions by discontinuing and not accessing the Mobile application and/ or Site and our Services because any continued use of the Mobile application and/ or Site by You, after the amended Terms and Conditions come in force, shall mean that you voluntarily and unequivocally understand and accept the amended Terms and Conditions and shall abide by the same.
These Terms and Conditions will become effective immediately upon your use of the Mobile application and/ or Site
and/or our Services and shall remain effective unless terminated by either party as provided hereunder.
You may terminate these Terms and Conditions at any time by sending us an email, which shall be effective
immediately upon successful delivery of such notice, upon which, your Account, if any, shall be sent for deletion.
In case of Traveler, if the Traveler terminates these Terms and Conditions, the Traveler Account, along with all
bookings, shall be automatically cancelled and any refund to the Traveler, except and excluding the non-refundable
fees payable or already paid to Avvtar Inc. (DBA: FoneTrip), shall be made in accordance with the CANCELLATION
POLICY.
In case of Avvtar, if the Avvtar terminates these Terms and Conditions, the Avvtar Account, along with all bookings,
shall be automatically cancelled and any refund to the Avvtar, except and excluding the non-refundable fees payable
or already paid to Avvtar Inc. (DBA: FoneTrip), shall be made in accordance with the CANCELLATION POLICY.
Avvtar Inc. (DBA: FoneTrip) may, at any time, terminate these Terms and Conditions by sending You
an email to your registered email address, which shall be effective immediately upon being sent to your registered
email address, whether undelivered or acknowledged by You or not.
If We, at Avvtar Inc. (DBA: FoneTrip), terminate these Terms and Conditions with You, You will not be entitled to any refund / compensation prior or upon
termination and/or cancelled bookings at any time.
Avvtar Inc. (DBA: FoneTrip) may, at any time, in its sole discretion and without notice, terminate these Terms and
Conditions and/or cancel or limit your access to your Account if You have materially breached or violated any
obligation(s) under these Terms and Conditions.
Where these Terms and Conditions have been terminated by Avvtar Inc. (DBA: FoneTrip), You shall not apply for a restoration, new account or access and use of the Mobile application and/ or Site through another account.
In the event of termination or expiration, the following sections shall survive: ACCEPTANCE OF RISK AND WAIVER OF
LIABILITY, DISCLAIMER, LIMITATION OF LIABILITY; YOUR LIABILITY AND INDEMNIFICATION, TERM AND
TERMINATION; and GENERAL PROVISIONS.
(a) WAIVER: Failure by Avvtar Inc. (DBA: FoneTrip) to enforce any provision of these Terms and Conditions shall not
be construed as a waiver of any provision or right.
(b) GOVERNING LAW: The Services are provided by Avvtar Inc. (DBA: FoneTrip), an American corporation and these
Terms and Conditions, and all other aspects of the use of the Mobile application and/ or Site, shall be governed by
and construed in accordance with the laws of State of Texas, United States.
(c) ENTIRE AGREEMENT: Except for any additional terms included in the Mobile application and/ or Site, excluding
the Travel Plan, these Terms and Conditions shall constitute the entire agreement between You and Avvtar Inc. (DBA:
FoneTrip) with respect to the subject matter of these Terms and Conditions.
(d) SEVERABILITY: If any provision of these Terms and Conditions is found to be invalid or unenforceable, the
remaining provisions shall remain valid and enforceable to the fullest extent possible and shall remain in full force
and effect.
(e) SUCCESSORS: These Terms and Conditions shall be binding upon You and Avvtar Inc. (DBA: FoneTrip), and your
successors and assigns.
(f) NOTICE: Any notice or other communication to be given to Avvtar Inc. (DBA: FoneTrip) shall be in writing or
electronic mail to the following addresses:
Avvtar Inc. (DBA: FoneTrip):
Avvtar Inc.
10601 Clarence Dr, Suite250, Frisco TX 75033, USA
info@fonetrip.com