Terms and Conditions
Stelling Technologies Private Limited owns the websites www.railyatri.in and www.intrcity.com. The IntrCity website and mobile application are operated by IndoRailBus Travel Private Limited (the “Company”), wholly-owned subsidiary of Stelling Technologies Private Limited. Collectively, the IntrCity website and mobile application are referred to as the “Portals”.
The Terms and Conditions are separate legal contracts between you being, an individual or corporate customer, user, or beneficiary of this service and IndoRailBus Travel Private Limited having its registered office at Ground Floor, Amco Tower, Plot No. A -5,6 & 7, Sector 9, Gautam Buddha Nagar Noida, Uttar Pradesh 201301.
You agree and understand that the Company provides passenger transportation services and connects customers with bus operators through its Portals. The Company rents vehicle(s) from independent bus operators solely for the purpose of enabling transportation services to end passengers through its platforms. At all times, the service shall own, manage, and operate the buses, and such buses are provided to the Company exclusively on a rental basis for facilitating passenger transportation services. In relation to all bus services offered through the Portals, the Company functions only as an online facilitation platform for bookings between passengers and independent bus operators.
Please read these Terms and Conditions carefully before using the Portals.
Mere browsing or use of the Portals in any manner shall be subject to the Terms and Conditions provided herein. If the Terms and Conditions are not acceptable to you, you are advised not to use the services being offered by the Company. The contents published by the Company on the Portals and their allied sites including as text, graphics, images, information obtained from the Portals or their licensors and other material ("Content") are provided for informational purposes only. The Content is not intended to be a substitute for professional travel.
These Terms and Conditions constitute an electronic record within the meaning of the applicable law. This electronic record is generated by a computer system and does not require
any physical or digital signatures.
1. Your Account
If you use the Portals, you are responsible for maintaining the confidentiality of your account and for restricting access to your computer or smartphone to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account. You should take all necessary steps to ensure that your account is, secure and you should inform us immediately if you have any reason to believe that your account is likely to be, used in an unauthorised manner. Please ensure that the details you provide us with are correct and complete and promptly inform us of any changes to the information that you provided at the time of registration. You agree and acknowledge that you will use your account on the Portals to purchase products or services solely for your personal use and not for any business purpose. IntrCity reserves the right to refuse access to the Portals, terminate accounts, remove or modify content at any time without prior notice.
2. Privacy Policy
This section shall be construed as the Privacy Policy of IntrCity with respect to handling and dealing of personal information or sensitive information of its passengers. This policy complies with applicable data protection laws, including the Information Technology Act, 2000. By visiting the Portal or providing your information, you expressly agree to be bound by this Privacy Policy and agree to be governed by the laws of India including but not limited to the laws applicable to data protection and privacy. If you do not agree please do not use or access our Portal.
By using the Portals, you agree and consent to IntrCity to collect and store your personal data and information such as name, gender, age, address, location, e-mail addresses, landline and mobile phone numbers, dietary preferences, purchase history, transactional history etc. for the purpose of providing better services and targeted advertisement or for the provision of any lawful purpose connected with the functions or activities of Portals. We may also share your personal data with any third party, agents, affiliates etc. for provision and facilitation of the desired booking. If you object to your information being stored, transferred, used or processed by Portals or any third party, agents, affiliates etc. please do not use the Portals. IntrCity reserves the absolute right to not provide you with any services in case of your refusal to share your personal information. All passwords are stored in an encrypted form.
If we transfer your personal information to third parties for purposes stated under this Privacy Policy, we will use best endeavors to put in place appropriate controls and safeguards to ensure that your personal information is kept accurate, adequately protected and processed only for specified and reasonable purposes in a manner that is fair, transparent and has a lawful basis and is stored for no longer than is absolutely necessary. We are committed to protecting your personal information in our custody. We ensure that the third parties who provide services to us under appropriate contracts, take appropriate security measures to protect your personal information in line with our policies.
We reserve the right to revise the Privacy Policy from time to time to suit various legal, tax, business and customer requirements. If we make any significant changes to our privacy policies and procedures, we will endeavor to intimate you of such changes by prominently displaying the same on the website.
Further, changes to this Privacy Policy are effective when they are posted on the Portals. Your continued use of the website after we make any change is deemed to be acceptance of those changes, so please check the policy periodically for updates.
When you grant permission to access your contacts list, we allow you to conveniently add passengers phone number directly from your phone's contact list. The contact information accessed from your device will be used for sending journey-related updates, other promotional updates and will be securely stored on IntrCity's server. Your contacts are never shared or used for purposes beyond providing the intended functionality. You can revoke this permission at any time through your device settings.
You may contact us in order to correct any incorrect, inaccurate or deficient personal data or information collected by us in order to correct the same.
If you wish to withdraw your consent given to IntrCity to collect and store your personal data, you may write to us at shahzeb.laeeq@intrcity.com with respect to the same.
If you have any concerns or grievances with respect to your personal information please contact the Grievance Officer namely Mr. Shahzeb Laeeq at shahzeb.laeeq@intrcity.com, Address: Amco Tower, Ground Floor, Plot No A-5,6&7, Sector 9, Noida, Uttar Pradesh 201301.
3. Limited Liability
IntrCity does not assume any liability with respect to the availability, quantity, quality, punctuality or cancellation of any service availed by a user, which shall rest solely with the bus operators. IntrCity shall not be responsible for any incidental, indirect, special or consequential loss or damage including loss of profit, business loss, revenue loss, goodwill loss or loss of anticipated savings incurred or suffered by any user/beneficiary out of use of any service offered by IntrCity, whether such liability arises in tort, contracts, breach of warranty or otherwise.
IntrCity is engaged in passenger transportation services, facilitating intercity bus travel bookings through its Portals. For IntrCity, liability is limited to the availability, quality, punctuality or cancellation of service related to IntrCity SmartBus to be availed by a passenger. The bus operator shall own, manage and operate the Buses at all times which are rented to the Company for the purpose of providing passenger transportation services. IntrCity shall not be responsible for the operations of the bus operator including, but not limited to the following:
We undertake that in case the bus operator changes the type of bus due to any reason, we will endeavor to refund the differential amount to the passenger, upon being intimated within 48 hours of the journey.
4. Access to Portals
We will do our utmost to ensure that availability of the Portals will be uninterrupted and that transmissions will be error-free. However, due to the nature of the internet, this cannot be guaranteed. Also, your access to the Portals may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.
5. Your Conduct
You shall not use the Portals in any way that causes, or is likely to cause, the Portals or access to them to be interrupted, damaged or impaired in any way. You understand that you and not the IntrCity Portals are responsible for all electronic communications and content sent from your computer or device to us. You agree to use the Portals for lawful purposes only.
You shall not use the Portals for fraudulent purposes, or in connection with a criminal offense or other unlawful activity to send, use or reuse any material that does not belong to you; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam to cause annoyance, inconvenience or needless anxiety.
6. Guidelines for Reviews
We may provide you areas on the website to leave reviews or ratings. When posting a review, you must comply with the following criteria:
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates.
We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
7. Intellectual Property Rights
All content included on the Portals including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, (collectively referred to as “Content”) is the property of the Company, its affiliates or its content suppliers and is protected under applicable intellectual property laws in India.
The compilation of all Content on the Portals is the exclusive property of the Company and is protected under the laws of the land. All software used on the Portals is the property of the Company or its affiliates and is protected under applicable intellectual property laws in India.
No material from the Portals may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without the prior written consent of the Company. You are permitted to access and make personal, non-commercial use of the Portals; however, this does not grant you any license or right to modify, reproduce, duplicate, copy, sell, resell, or exploit any portion of the Portals or Content for any commercial purpose without express written permission.
You may not systematically extract or re-utilise parts of the Content of the Portals without the express written consent of the Company. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or repeatedly) for re-utilise of any substantial part of the Portals, without the express written consent of the Company and/or its affiliates, as applicable. You may also not create and/ or publish your own database that features substantial portions (for example prices or product listings) of the Portals without the express written consent of the Company and/or its affiliates, as applicable.
Any unauthorised use of the Content or the Portals shall result in termination of the permissions or licenses granted by the Company.
IntrCity grants you a limited licence to access and make personal use of the Portals, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of IntrCity, as may be applicable.
You are granted a limited, revocable and non-exclusive right to create a hyperlink to the welcome page of IntrCity as long as the link does not portray, the Portals, our affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any IntrCity logo, domain name, or other proprietary graphic or trademark as part of the link without our express written consent.
8. Disclaimer
The Portals and all information, content, materials, products (including software) and services made available to you through the Portals, are provided on an “as is” and “as available” basis unless otherwise specified in writing.
The Company makes no representations or warranties of any kind, express or implied, as to the operation of the Portals, the accuracy, completeness, reliability, or suitability of the information, content, materials, products, or services included on or otherwise made available to you through the Portals, unless otherwise expressly stated. You expressly agree that your use of the Portals is at your sole risk.
The Company, its affiliates, directors, employees and agents shall not be liable for any direct, indirect, incidental, consequential, special, punitive, or exemplary damages, including but not limited to loss of profits, goodwill, data, or other intangible losses, arising out of or in connection with the use of, or inability to use, the Portals or the services offered through them.
The Portals may contain links to other third-party websites or services which are not operated or controlled by the Company. The Company has no control over and assumes no responsibility for, the content, privacy policies, or practices of any such third-party websites or services.
The operation, condition, punctuality, safety, and quality of services provided by the bus operators are entirely their responsibility. The Company does not assume any liability for delays, cancellations, accidents, breakdowns, or any other issues arising from such third-party services.
However, the Company will make reasonable efforts to assist passengers in resolving genuine complaints or service issues related to bookings made on the Portals, subject to applicable terms and conditions.
9. Indemnity and Release
You agree to defend, indemnify and hold harmless the Company, its affiliates and their respective officers, directors, agents and employees, from and against any claim or demand, or actions including reasonable attorney's fees and expenses, made by any third party or penalty imposed due to or arising out of your breach of these (i) Terms and Conditions; (ii) your violation of the rights of a third party, including but not limited to intellectual property rights; (iii) or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party.
You hereby expressly release the Company and/or its affiliates and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the bus operators and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.
10. Children
Use of the Portals is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. If you are a minor i.e. under the age of 18 years, you may use the Portal only with the involvement of a parent or guardian.
11. Third-Party Content
The Portals may display advertisements, promotional content, or other information. These advertisements may be placed by third-party advertisers. The advertiser shall be solely responsible for the content of their advertisements and for any products or services offered or sold through such advertisements. The Company merely provides space on the Portals for the display of such advertisements and does not endorse, verify, or guarantee any claims, offers, or representations made therein.
User availing any bus service through the Portals shall also be subject to the additional terms and conditions of the respective bus operator or third party bus operator. The Company shall not be responsible for any act, omission, or breach by the bus operator or for any loss or inconvenience arising due to non-compliance with such additional terms.
The Company does not assume any responsibility or liability for the actions, products and content of any of these and any other third-parties.
12. Communications
When you visit the Portals or send e-mails to us, you are communicating with us electronically. You will be required to provide a valid phone number while placing an order with us. We may communicate with you by e-mail, SMS, phone call or by posting notices/notifications on the website or app or by any other mode of communication. By using the services of Portals, you consent to receive communications (including transactional, promotional and/or commercial messages), from us with respect to your use of the Portals and/or your order placed on the Portals.
You hereby consent that any such communication through SMS, email, phone call, or any other mode by us are:
You hereby agree to indemnify us against any losses and damages incurred by us due to any action taken by TRAI or any other authority due to any erroneous complaint filed by the user on us on account of communications sent to user as above or failed communication due to a wrong number or email ID shared by the user for any reason whatsoever.
Our employees or authorized representatives will never contact a user asking for his/ her credit or debit card number, expiry date, CVV, net banking login, passwords, etc. nor will they ever request for a fund transfer to a personal or an individual bank account. Further, they will also not ask a user to install any third-party applications that enable them to view a user's mobile or computer screen.
13. Losses
We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss. Our liability to you is limited to refund of the transaction amount and excludes any other loss or damages.
14. Alteration of Service or Amendments to the Conditions
We reserve the right to make changes to our website, policies, and these Terms and Conditions at any time. If we decide to change these Terms and Conditions, we will post the new version on the website. Any change or modification to the Terms and Conditions will be effective immediately from the date of such upload on the website unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). Your continued use of the portals following the modifications constitutes your acceptance of the modified Terms of Conditions whether or not you have read them. For this reason, you should frequently review these Terms and Conditions and any other applicable policies. If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
15. Events beyond our reasonable control
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. We cannot be held responsible for Force Majeure events.
Bus breakdowns will be considered a force majeure event, as all buses are maintained in accordance with the service and maintenance plan recommended by the bus manufacturer. In the event of a breakdown, both parties will take reasonable steps to minimize the impact, but neither party will be held liable for any resulting issues.
IntrCity will make every reasonable effort to assist the passenger in completing their journey in a timely manner. This may include offering alternative seating or berths on other available IntrCity SmartBuses or partner buses, subject to availability. If no alternative options are available, a pro-rata refund will be issued, calculated based on the remaining distance to be covered. However, it is important to note that breakdowns fall under force majeure and are outside of IntrCity’s control, and liability is limited accordingly.
Replacement Vehicle: If alternative arrangements as described above cannot be made for more than 50% of the passengers, a replacement vehicle will be called upon. Our timeframe to provide a replacement is upto 6 hours.
16. Waiver
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies at any stage and there is no waiver of our rights and remedies.
17. Taxes
You shall be responsible for payment of all fees/costs/charges associated with the purchase of products from us and you agree to bear any and all applicable taxes including but not limited to GST, any other duties and cesses etc.
18. Governing law, and Jurisdiction
These Terms & Conditions are governed by and construed in accordance with the laws of India. All disputes arising out of, or in connection with the Agreement would be subject to the exclusive jurisdiction of the Courts of Noida.
19. Our Details and Notices
Any notice, including any legal notice, must be sent by courier or registered mail to the Company(ies), both having its registered office at Amco Tower, Plot No A-5, 6 & 7, Sector 9, Noida, Uttar Pradesh 201301.
20. Use of Portal’s Software
You may use portal’s software solely for the purpose of enabling you to use and access the services provided by the Portals, and only as permitted under these Terms and Conditions of Use. You may not incorporate any portion of the Portal’s software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the Portal’s software or otherwise assign any rights to the portal’s software in whole or in part. You may not use the Portal’s software for any unlawful or prohibited purpose. The Company at its discretion, may terminate your right to use any Portal software at any time without any notice if you fail to comply with any of these Terms and Conditions. In order to keep the Portal’s software up-to-date, we may offer automatic or manual updates at any time and without any prior notice.
21. No Reverse Engineering
You may not and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Portal’s software, whether in whole or in part, or create any derivative works from or of the Portal’s software.
22. Passenger Insurance
We act solely as a facilitator providing access to the insurance services provided by Axis Max Life Insurance Limited and PNB Metlife Insurance Company Limited. The terms and conditions of the respective insurance providers are available at the link provided below:
https://images.railyatri.in/insurance-provider.html