TERMS & CONDITIONS
‘Terms and Conditions of Use’ and ‘Terms and Conditions of Sale’

Welcome to RailYatri.in and IntrCity.com

Stelling Technologies Private Limited and IndoRailBus Travel Private Limited provides access to the RailYatri.in and IntrCity.com websites along with RailYatri and IntrCity smartphone applications (the "website" or “app”) to you, subject to the conditions set out on this page. Together website and apps are termed as platforms.

The Terms and Conditions of Use and Terms and Conditions of Sale are separate legal contracts between you being, an individual or corporate customer, user, or beneficiary of this service, and Stelling Technologies Private Limited and IndoRailBus Travel Private Limited (“collectively referred to as Company(ies)”) both having its registered office at Ground Floor, Amco Tower, Plot No. A -5,6 & 7, Sector 9, Gautam Buddha Nagar Noida, Uttar Pradesh 201301.

Please read these conditions carefully before using the platforms. By using the RailYatri and IntrCity platforms, you signify your agreement to be bound by these conditions.

In addition, when you use any current or future RailYatri.in/IntrCity.com service, you may also be subject to such additional terms, guidelines and conditions applicable to that RailYatri / IntrCity service. If these Terms and Conditions of Use are inconsistent with such additional terms,
the additional terms shall prevail over these terms and conditions.

Mere browsing or use of the website in any manner will be subject to the terms and conditions provided herein. If terms and conditions are not acceptable to you, you are advised not to use this site. These Terms & Conditions are subject to modification by the Company without any prior intimation and approval from you of platforms will mean you accept those changes. The contents of the platforms and its allied sites, such as text, graphics, images, information obtained from platforms and its allied sites' licensors and other material ("Content") contained on platforms and its allied sites is for informational purposes only. The Content is not intended to be a substitute for professional travel or train-related advice.

These "Terms and Conditions of Use/Sale" 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.

RailYatri.in (and it’s products) is an independent entity and is not a subsidiary or joint venture of Indian Railway Catering and Tourism Corporation Limited (“IRCTC”). RailYatri has availed a license from IRCTC to list train tickets on it’s platforms.

A. Conditions Relating to Use of RailYatri.in and IntrCity.com
 

1. Your Account

If you use the platforms, you are responsible for maintaining the confidentiality of your account and password 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 or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner. Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided while registering. You agree and acknowledge that you will use your account on the platforms to purchase products only for your personal use and not for business purposes. RailYatri and IntrCity reserves the right to refuse access to the platforms, 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 RailYatri and IntrCity with respect to handling and dealing of personal information or sensitive information of its users as required under Rule 4 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 (hereinafter referred to as the “Rules”).

RailYatri and IntrCity does not collect or store any Sensitive Personal Data as defined under Rule 3 of the Rules, of its users. All passwords are stored in an encrypted form.

By using the platforms, you agree and consent to RailYatri/IntrCity collecting and storing 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 purposes of providing better services and targeted advertisement or for the provision of any lawful purpose connected with the functions or activities of platforms. 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 platforms or any third party, agents, affiliates etc, please do not use the platforms. RailYatri/IntrCity reserves the absolute right to not provide you with any services in case of your refusal to share your personal information.

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 platforms. 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 users phone number directly from your phone's contact list. The contact information accessed from your device will be used exclusively for sending journey-related 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 RailYatri / IntrCity to collect and store your personal data, you may write to us at [email protected] 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 [email protected], Address: Amco Towers, Ground Floor, Plot No A-5,6&7, Sector 9, Noida, Uttar Pradesh 201301.

3. E-Platform for Communication

You agree, understand and acknowledge that the website is an online platform that enables you to purchase products or services listed on the website at the price indicated therein at any time from any service provider. You further agree and acknowledge that RailYatri is only a facilitator/aggregator and is not and cannot be a party to or control in any manner any transactions on the website. Accordingly, the Terms and Conditions of Sale on the website or app shall be a strictly bipartite contract between you and the sellers on RailYatri.in. Your use of the RailYatri platform may be subject to a ‘convenience fee’ as decided by RailYatri.

4. Limited Liability

RailYatri does not assume any liability with respect to the availability, quantity, quality, punctuality or cancellation of any product or service purchased/availed by a user, which shall rest solely with the service provider. RailYatri 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 RailYatri, whether such liability arises in tort, contracts, breach of warranty or otherwise.

IntrCity is engaged in user transportation services, facilitating intercity bus travel bookings through its platform. For IntrCity, liability is limited to the availability, quality, punctuality or cancellation of service related to IntrCity SmartBus to be availed by a User. IntrCity shall not be responsible for the operations of the bus operator including, but not limited to the following:

• Loss or damage of the baggage of the customer;
• Bus operator informing a wrong boarding point for the issuance of the booking confirmation voucher, or changing such boarding point eventually with or without any notification to IntrCity or the user;
• resulting from an act, event, omission, negligence or default of the bus operator or any other person claiming through or under it;
• resulting from the claims arising out of improper/illegal operations of the vehicles and/or due to improper/illegal/negligent behavior of its drivers/conductors/other employees.
• in connection with, arising out of, or resulting from breach of the obligation, warranty or misinterpretation by the bus operator or any other person claiming through or under it, or breach or non-performance of any term, condition, covenant or obligation to be performed by the operator under this agreement; and
• resulting from or arising out of operation of the vehicles.

5. Access to Platforms

We will do our utmost to ensure that availability of the platforms 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 platforms 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.
 

6. License for website access

Subject to your compliance with these Conditions of Use, RailYatri and IntrCity grants you a limited licence to access and make personal use of this website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of RailYatri and IntrCity, as may be applicable. This licence does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of a third party; or any use of data mining, robots, or similar data gathering and extraction tools.

The platforms or any portion of this website (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without express written consent of RailYatri/IntrCity.

You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Company(ies) and its affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilising platforms or its affiliates' names or trademarks without the express written consent of platform and / or its affiliates, as applicable. Any unauthorised use terminates the permission or license granted by RailYatri / IntrCity.

You are granted a limited, revocable and non-exclusive right to create a hyperlink to the welcome page of RailYatri / IntrCity as long as the link does not portray, the platforms, our affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any RailYatri/IntrCity logo, domain name, or other proprietary graphic or trademark as part of the link without our express written consent.

7. Your Conduct

You must not use the platforms in any way that causes, or is likely to cause, the platforms or access to it to be interrupted, damaged or impaired in any way. You understand that you and not RailYatri /IntrCity platforms are responsible for all electronic communications and content sent from your computer to us and you must use the platforms for lawful purposes only.

You must not use the platforms 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.

8. Reviews, comments, communications and other content

Users of this website may post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." In the event a user uses a false e-mail address, impersonates any person or entity, or otherwise misleads as to the origin of any content. RailYatri / IntrCity reserves the right (but not the obligation) to remove, refuse, delete or edit any content that in the sole judgement of RailYatri / IntrCity violates these Conditions of Use and, or terminate your permission to access or use this website.

If you do post content or submit material and unless we indicate otherwise, you:

(a) grant Company(ies) and its affiliates a non-exclusive, royalty-free, irrevocable, perpetual and fully sublicensable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and
(b) Company(ies) and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose.

You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to RailYatri/IntrCity, including the execution of deeds and documents, at its request.

You represent and warrant that you own or otherwise control all of the rights to the content that you post or that you otherwise provide on or through the website; that, as at the date that the content or material is submitted to the platforms: (i) the content and material is accurate; (ii) use of the content and material you supply does not breach any applicable platforms policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory); (iii) the content is lawful. You agree to indemnify Company(ies) and its affiliates for all claims brought by a third party against it or its affiliates arising out of or in connection with a breach of any of these warranties.
 

9. Copyright, authors' rights and database rights

All content included on the website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of the Company(ies) , its affiliates or its content suppliers and is protected under laws of Intellectual Property Rights in India. The compilation of all content on this website is the exclusive property of the Company(ies)and is protected under the laws of  land. All software used on this website is the property of the Company(ies) and is protected under laws of Intellectual Property Rights in India.

You may not systematically extract/ or re-utilise parts of the contents of the website without the Company(ies) express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this website, without the Company(ies) and / or its affiliate's (as may be applicable) express written consent. You may also not create and/ or publish your own database that features substantial (eg: prices and product listings) parts of this website without the Company(ies) and /or its affiliate's (as may be applicable) express written consent.

10. Intellectual Property Claims 

The Company(ies) and its affiliates respect the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please write to us with your concerns.

11. Trademarks

RAILYATRI.IN, RAILYATRI, THE RAILYATRI LOGO, INTRCITY.COM, INTRCITY, INTRCITY SMARTBUS, SMARTBUS, INTRCITY by RAILYATRI.IN and other marks indicated on our website from time to time are trademarks or registered trademarks of the Company(ies) platforms’ graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress of RailYatri / IntrCity. Platforms trademarks and trade dress may not be used in connection with any product or service that is not RailYatri's / IntrCity’s, in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits RailYatri / IntrCity. All other trademarks not owned by Company(ies) that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by RailYatri / IntrCity.
 

12. Disclaimer
You acknowledge and undertake that you are accessing the services on the platforms and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the platforms. We shall neither be liable nor responsible for any actions or inactions of sellers/service providers nor any breach of conditions, representations or warranties by the sellers or manufacturers of the products or service providers and hereby expressly disclaim and any all responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement between you and the sellers of the products. However, any issues faced by the user in connection with the use of the IntrCity SmartBus service will be tried to be resolved by Company(ies) subject to conditions above. 

We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products or services listed or displayed or transacted or the content (including product or pricing information and/or specifications) on the platforms. While we have taken precautions to avoid inaccuracies in content, this website, all content, information (including the price of products/services), software, products, services and related graphics are provided as is, without warranty of any kind. We do not implicitly or explicitly support or endorse the sale or purchase of any products on the website. At no time shall any right, title or interest in the products or service sold through or displayed on the website vest with RailYatri nor shall RailYatri have any obligations or liabilities in respect of any transactions on the website. However, for IntrCity, the liability is limited to conditions as specified in the Limited Lability clause for transactions being made by the user to avail the services of IntrCity.

Any claim of deficiency in service arising under the Consumer Protection Act, 1986 or any other claim or right to sue arising under any other civil or criminal law shall lie only against the seller or service provider and not against RailYatri or any of its affiliates, which are only an intermediary.

13. Indemnity and Release

RailYatri does not assume any liability with respect to the availability, quantity, quality, punctuality, warranty or cancellation of any product or service purchased by a user, which shall rest solely with the service provider. RailYatri 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 RailYatri, whether such liability arises in tort, contracts, breach of warranty or otherwise. However, for IntrCity, the liability is limited to conditions as specified in the Limited Liability clause for transactions being made by the user to avail the services of IntrCity.

You shall indemnify and hold harmless the Company(ies), its affiliates and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorney's fees, made by any third party or penalty imposed due to or arising out of your breach of these Conditions of Use 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(ies) 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 vendors/ service providers and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.

14. Facilitation of Rail E-tickets

You agree and understand that RailYatri itself does not book, handle, procure or supply railway e-tickets and will forward any Rail E-ticket booking requirement of any user to its network of IRCTC authorised E-Ticketing Agents, who shall then proceed to handle, process and book the required railway e-ticket. Further, you also agree and understand that the relationship between RailYatri and IRCTC authorised E-Ticketing Agents is one of Principal to Principal basis. RailYatri is a private entity and is not associated or connected with the Indian Railway Catering and Tourism Corporation (IRCTC) in any manner. You also agree and understand that RailYatri may charge a convenience fee, for each rail e-ticket booking facilitation undertaken by it in addition to the IRCTC price of each e-ticket as determined by it from time to time.

15. Facilitation of meal delivery on trains

You agree and understand that RailYatri is only a food delivery intermediary and it does not own/operate restaurants on its own or undertake the preparation of the food or its delivery itself. In order to provide a comprehensive choice of food to users, RailYatri has partnered up with various restaurants across India who prepare and deliver the food on the trains as per requests received through RailYatri (“Restaurant Partner”).

User agrees and understands that RailYatri does not assume any liability with respect to the quantity, quality, punctuality, delivery or cancellation, packaging of any food related service which shall rest solely with the Restaurant Partner. RailYatri 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 out of use of any service offered by RailYatri, whether such liability arises in tort, contracts, breach of warranty or otherwise.

16. Bus Ticket Bookings (Other than IntrCity SmartBus)

User agrees and understands that RailYatri is only a bus ticketing intermediary and does not own/operate bus services of its own. In order to provide a comprehensive choice of bus operators, departure times and prices to users, RailYatri has tied up with different bus aggregators on a Principal to Principal basis (“Service Providers”).

User agrees and understands that RailYatri does not assume any liability with respect to the quality, punctuality, amenities, safety or cancellation of any bus related service which shall rest solely with the bus operators. RailYatri shall also not be liable for any act of theft, lost or stolen luggage/belongings of the user  while using the bus service. RailYatri 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/ out of use of any service offered by RailYatri, whether such liability arises in tort, contracts, breach of warranty or otherwise.

17. IntrCity SmartBus Ticket booking

User agrees and understands that the Company(ies) take vehicle(s) on rent from the bus operator for the purpose of using them to provide transportation services to end passengers through our platforms. The bus operator shall own, manage and operate the Buses at all times which are rented to us for the purpose of providing passenger transportation services.

18. Children

Use of RailYatri.in 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 RailYatri.in only with the involvement of a parent or guardian.

19. Other Businesses

Third Parties may also offer goods and services on RailYatri / IntrCity by way of advertisements, notifications, pop-up badges, links etc. RailYatri / IntrCity is not responsible for examining or evaluating the same and we do not warrant or endorse the offerings of any of these businesses or individuals, or the content of their websites. The Company(ies) does not assume any responsibility or liability for the actions, products, and content of any of these and any other third-parties.

20. Communications

When you visit the platforms 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 platforms, you consent to receive communications (including transactional, promotional and/or commercial messages), from us with respect to your use of the platforms and/or your order placed on the platforms. If you do not wish to receive any promotional or commercial communication from us, please get in touch with us through the RailYatri/IntrCity website to unsubscribe your number.

21. 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 arising out of your use of any goods or services purchased from a third party.

22. Alteration of Service or Amendments to the Conditions

We reserve the right to make changes to our website, policies, and these Terms and Conditions of Use at any time. If we decide to change these Terms and Conditions of Use, we will post the new version on the website. Any change or modification to the Terms and Conditions of Use 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 platforms following the modifications constitutes your acceptance of the modified Terms of Conditions of Use whether or not you have read them. For this reason, you should frequently review these Terms and Conditions of Use 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.

23. 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.

If you have any concerns or grievances please contact the Grievance Officer namely Mr. Shahzeb Laeeq at [email protected], Address: Amco Towers, Ground Floor, Plot No A-5,6&7, Sector 9, Noida, Uttar Pradesh 201301.

24. 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.

25. 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.

26. 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.

27. Use of Platform’s Software

You may use platform’s software solely for purposes of enabling you to use and enjoy the services as provided by the platforms, and as permitted by the Conditions of Use. You may not incorporate any portion of the platform’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 platform’s software or otherwise assign any rights to the platform’s software in whole or in part. You may not use the platform software for any illegal purpose. We may cease providing any platform software and we may terminate your right to use any platform software at any time. Your rights to use the platform software will automatically terminate without notice from us if you fail to comply with any of these platform’s software Terms, the Conditions of Use or any other terms. Additionally, third party terms contained within or distributed with certain platform’s software that are specifically identified in related documentation may apply to that platform’s software (or software incorporated with the platform’s software) and will govern the use of such software in the event of a conflict with these Conditions of Use. All softwares used in any platform services are the property of RailYatri/IntrCity and/or its affiliates or its software suppliers and protected by laws of India including but not limited to any other applicable copyright laws.

28. Use of Third Party Services

When you use the platform’s software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile platform provider. Your use of these third party services may be subject to the separate policies, terms of use and fees of these third parties.

29. 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 platform’s software, whether in whole or in part, or create any derivative works from or of the platform’s software.

30. Updates

In order to keep the platform’s software up-to-date, we may offer automatic or manual updates at any time and without notice to you.

B. Conditions of Sale (between Sellers/Service Providers and the User)

Please read these conditions carefully before placing an order for any products with the Sellers ("We" or "Our" or "Us", wherever applicable) on the platforms. These conditions signify your agreement to be bound by these conditions.

1. Conditions relating to the Sale of Products/Services to You

This section deals with conditions relating to the sale of products on the website by third parties to you (Any reference to the terms ‘us’, ‘we’ ‘Service Provider’ relates to the third party sellers and not RailYatri).

2. Our Contract

Your order is an offer to us to buy the product(s) in your order. When you place an order to purchase a product from us, you will receive an e-mail confirming receipt of your order and containing the details of your order. The Order confirmation e-mail is acknowledgement that we have received your order, and does not confirm acceptance of your offer to buy the product(s) ordered. We only accept your offer, and conclude the contract of sale for a product ordered by you, when the product is dispatched to you and an e-mail confirmation is sent to you that the product has been dispatched to you.

Your contract is with us (the Sellers) and you confirm that the product(s)/service(s) ordered by you are purchased for your internal / personal purpose and not for re-sale or business purpose. You authorize us to declare and provide declaration to any governmental authority on your behalf stating the aforesaid purpose of the products ordered by you on the website.

However, for IntrCity SmartBus services, the contract is limited to conditions as specified in the Limited Liability clause for transactions being made by you to avail the services of IntrCity SmartBus.

3. 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.

4. Children

Use of RailYatri.in 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 purchase only with the involvement of a parent or guardian.

5. Communications

When you 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 on the website or by any other mode of communication.

For contractual purposes, you consent to receive communications including SMS, e-mails or phone calls from us with respect to your order.

You hereby consent that any such communication through SMS, email, phone call, or any other mode by us are:

1. as per your request and authorization;
2. ‘transactional’ and not an ‘unsolicited commercial communication’ as per the guidelines of Telecom Regulation Authority of India (TRAI), and
3. in compliance with appropriate guidelines of TRAI or other relevant authority in India and abroad as applicable.

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.

6. 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. 

If you have any concerns or grievances please contact the Grievance Officer namely Mr. Shahzeb Laeeq at [email protected], Address: Amco Towers, Ground Floor, Plot No A-5,6&7, Sector 9, Noida, Uttar Pradesh 201301.

7. Train Tickets

With respect to Railway E-tickets, the service provider (IRCTC authorised Travel Agent) shall provide the facilitation of booking of rail e-tickets between 8 AM and 9 PM, excluding public holidays.

The responsibility and onus of providing correct travel details with respect to dates of travel, names of the passengers, class of travel, train details, contact information etc. shall lie absolutely on you/user and the service provider shall not be responsible for any error with respect to the same.
User agrees that RailYatri shall charge a convenience fee to the user, for each rail e-ticket booking facilitation request received by undertaken by it in addition to the IRCTC price of each e-ticket.
Service Provider shall endeavour to facilitate the booking of each rail e-ticket request as early as possible and within a reasonable time.

With respect to any cancellation request, the Service Provider shall endeavour to facilitate the cancellation request of each rail e-ticket request as early as possible. However, it is understood that service provider shall not be responsible or liable for any lapse of cancellability of tickets, difference in expected refund amount or rejection of TDRs (Ticket Deposit Receipt) due to the processing time involved.

Service Provider shall not be responsible for its inability to process and rail e-ticket request due to any service outage.

User agrees and understands that due to limitations enforced by IRCTC on the agents, agents can book general quota tickets only 30 minutes after the booking opening time which is 8:00 AM for all classes of travel and with respect to Tatkal Tickets only 30 minutes after the tatkal booking opening time which is 10:00 AM for all A.C classes and 11:00 AM for all SL classes.

User agrees and understands that due to the ephemeral nature of the Tatkal and Current tickets - it is not guaranteed that a confirmed ticket will always be issued against the payment. In instances where a confirmed ticket could not be secured, the User would be given a choice to either ask for a refund or accept a waitlisted ticket.

User agrees and understands that the cancellation fee is as per the extant rules laid by the Indian Railways / IRCTC. These rules are subject to change without any prior notice to the user, as and when decided by Indian Railways/ IRCTC.

User agrees and understands that RailYatri/Service Provider shall not be responsible for any delay, cancellation, accident, mishap with respect to any train journey facilitated through RailYatri which may be undertaken by any person. RailYatri/Service Provider 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/ out of use of any train tickets booked through RailYatri, whether such liability arises in tort, contracts, breach of warranty or otherwise.

User agrees and understands that the service providers are not in any manner able to source a ticket that is otherwise not available to the common public via IRCTC's consumer website i.e. www.irctc.co.in.

User agrees and understands that in case of wait-listed/RAC tickets, service providers cannot guarantee its confirmation.

User agrees and understands that they are under a duty and onus to digitally sign the ERS slip and provide a copy of their photo-identity card while booking a rail e-ticket as per the extant rules of the IRCTC.

8. Meal Delivery on Trains

User may be asked to furnish a copy of the food booking receipt; OTP, train ticket (either in original, copy or SMS), identity proof at the time of making the delivery. Failure to comply may result in non-delivery of food. By reading these terms of use, you hereby give your express consent to use your identity proof for this purpose.

9. Bus Tickets

Passenger of any Bus Service may be subject to additional terms and conditions of the service provider, the Passenger is requested to make himself/herself aware of the same prior to booking any tickets.

Service Provider undertakes that in case where the bus operator changes the type of bus due to any reason, Service Provider will endeavour to refund the differential amount to the passenger, upon being intimated within 48 hours of the journey.

If you have any concerns or grievances please contact the Grievance Officer namely Mr. Shahzeb Laeeq at [email protected], Address: Amco Towers, Ground Floor, Plot No A-5,6&7, Sector 9, Noida, Uttar Pradesh 201301.

10. Alteration or Amendments to the Conditions

We reserve the right to make changes to our website, policies, and these Terms and Conditions of Sale at any time. If we decide to change these Terms and Conditions of Sale, we will post the new version on the website. Any change or modification to the Terms and Conditions of Sale 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 platforms following the modifications constitutes your acceptance of the modified Terms of Conditions of Sale whether or not you have read them. For this reason, you should frequently review these Terms and Conditions of Sale 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.

11. 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, natural calamity or force majeure. This condition does not affect your statutory rights.

12. Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

15. PNB Metlife Insurance Declaration 

• The IRDAI (Protection of Policyholders’ Interests and Allied Matters of Insurers)  Regulations, 2024, IRDAI Information and Cyber Security Guidelines 2023 and all other  applicable and relevant regulations, its amendments as and when intimated by the  statutory bodies including but not limited to IRDAI shall be applicable to this MOU.  
• This Group Term Life Insurance Scheme (The Scheme) shall be governed in accordance  with the terms and conditions of Group Term Life Insurance (GTL Master Policy issued by  PNB MetLife India Insurance Company Limited (Insurer/PNB MetLife) to the IndoRailBus  Travel Pvt Ltd (Master Policyholder/MPH/Group Policyholder/GPH) and the Certificates of  Insurance (COI) issued to the scheme members.  
• The scheme members are the customers of the MPH who make a purchase of Bus ticket  from the digital platform of the MPH.  
• Scheme member (Insured) may approach to any nearby Insurer’s branch for policy  servicing requests viz change in address, contact details, nominee etc. and for submitting  any servicing requests. The same shall be processed by the Insurer, in accordance with  the regulatory provisions and its applicable processes. 
• The scheme members may approach the MPH to know more about the life insurance  cover and also refer their COI issued to them by the Insurer.  
• MPH would provide an annual audit certificate in the specified format (as prescribed in  annexure l) at the end of every financial year to PNB MetLife. 
• On clicking on “Continue to Pay”, I understand and agree that my proposal for enrolment  under the Scheme will be considered as signed using my RailYatri.in login credentials  applicable for this transaction

15.1 OTHER GENERAL TERMS AND CONDITION

• This group insurance policy is underwritten by PNB MetLife and RailYatri is merely acting  as the MPH under this policy. 
• Premium Rate Validity: The premium rate quoted above shall remain valid for 1 year only,  and the company reserves the right to change the premium rates for new lives by giving 1- month prior intimation to master policyholder. PNB MetLife will regularly review the  overall enrolments of the scheme and review the claims experience & reserve the right to  re-evaluate pricing & benefit term for future enrolments or subsequent renewals  accordingly 
• Suicide exclusion: Claims arising from suicide will be excluded. Terms& Conditions will  be as per Group Master Policy 
• The policy claim proceeds/benefit payments shall be made to the nominee/legal heir of  the insured member post furnishing nominee/legal heir required details in accordance  with the applicable regulations.
• The Insurance policy will be governed entirely by the Terms and Conditions of PNB MetLife and the same shall be available in the policy wordings of the group life insurance product. 
• PNB MetLife own complete liability for the insurance and allied services including but not  limited to the policy issuance, claims, cancellation, endorsements, renewals and its  related SLAs. RailYatri acts as a facilitator in the capacity of being the MPH for providing  these services to you. 
• As a pre-requisite to avail the Insurance, you confirm that you are of 18 years of age or  above and, you are a resident of India and is enrolled as a customer of RailYatri.
•  By availing the Insurance, you acknowledge that RailYatri, PNB MetLife and its service  providers may use your data in connection with the Insurance and its related /services,  including without limitation for processing and activation of the Insurance. In this regard,  you agree and provide consent for RailYatri to share the information or data pertaining to  you with PNB MetLife and its service provider. 
• DNDC Disclaimer: PNB MetLife Insurance Co. Ltd will send you updates on your policy,  new products and services, insurance solutions or related information.
• Post sharing the data, the use of data will be governed by the privacy policies of PNB  MetLife . At any point in time, you can reach out to [email protected] for  clarification on data and governing policies. 
• You authorise PNB MetLife or its service provider to collect data / information from  RailYatri. Such authorization shall be assumed to be a valid consent granted to RailYatri  to share with PNB MetLife and its service provider, your data / information in possession  of RailYatri, in connection with providing this insurance and its related services. 
• You authorize RailYatri and/or PNB MetLife and its service providers to communicate with  you, through emails or SMS/Whatsapp or notifications on websites / mobile applications  or any other mode, in connection with the availed product. 
• PNB MetLife shall be solely and directly responsible for any disputes arising out of or  related to the Insurance product and its services. You understand and acknowledge that  you will not have any remedy against RailYatri for such issues. 
• You shall be solely responsible for correctness and validity of the information / data  provided by you and you shall hold harmless RailYatri and its officers, directors,  employees, agents and consultants for any liability arising out of the same. 

(Prohibition of Rebates) Section 41 - of the Insurance Act, 1938 as amended from time to  time: 1. No person shall allow or offer to allow, either directly or indirectly, as an  inducement to any person to take out or renew or continue an insurance in respect of any  kind of risk relating to lives or property in India, any rebate of the whole or part of the  commission payable or any rebate of the premium shown on the policy, nor shall any  person taking out or renewing or continuing a policy accept any rebate, except such  rebate as may be allowed in accordance with the published prospectuses or tables of the  insurer. 2. Any person making default in complying with the provisions of this section shall  be liable for a penalty which may extend to ten lakh rupees. 

Section 45 of Insurance Act, 1938 (As amended from time to time) states that : No policy  of life insurance shall be called in question on any ground whatsoever after the expiry of  three years from the date of policy, i.e. from the date of issuance of the policy or the date  of commencement of risk or the date of revival of the policy or the date of the rider to the  policy, whichever is later. A policy of life insurance may be called in question at any time  within three years from the date of issuance of the policy or the date of commencement 

of risk or the date of revival of the policy or the date of the rider to the policy, whichever  is later, on the ground of fraud. Provided that the insurer shall have to communicate in  writing to the insured or the legal representatives or nominees or assignees of the  insured the grounds and materials on which such decision is based. Nothing in this  section shall prevent the insurer from calling for proof of age at any time if he is entitled  to do so, and no policy shall be deemed to be called in question merely because the  terms of the policy adjusted on subsequent proof that the age of the life insured was  incorrectly stated in the proposal. For further details, please refer to the Insurance Act, 1938 as amended from time to time. 

15.2. COVID Declaration

I declare that I have never been hospitalized due to Covid, and I have not come into close contact  with a Covid positive patient or suffered any Covid symptoms in the last 30 days.
 

15.3  Declaration of good health

I have never had any disorder of the heart or circulatory system, high blood pressure, stroke,  asthma, or other lung condition, cancer or tumour of any kind, diabetes, hepatitis or liver  condition, urinary or kidney disorder, depression, mental or psychiatric condition, epilepsy, HIV  infection or a positive test to HIV, any disease of the brain or the nervous system, blood disorder.  I do not currently have, nor received treatment for any medical conditions, disabilities. I do not  suffer from any symptoms that have persisted for more than seven days. I have not been absent  from work due to illness or injury for a continuous period of more than 10 days during the last 3  years. 

• I further declare that the statements mentioned are true and complete in every respect  related to my health and will form the basis of granting insurance cover to me, from PNB  MetLife. 
• I further hereby agree and give my consent to, the Master Policyholder for use of the  contents of this declaration by PNB MetLife for examining and processing any claim  arising, in respect of the insurance cover that maybe provided to me under the referred  group policy. 
• I hereby confirm that my intent to participate in the above plan as the Policyholder's  customers is purely because the cover is complimentary from RailYatri. I confirm and  agree that the insurance cover, if provided, will be governed by the provisions of the  Insurance Act, 1938, the Policy Contract and the Certificate of Insurance under which the  cover will be offered to me. 
• I agree and understand that if I contract any of the above diseases between submitting  this document and the date of commencement of the cover, I shall not be covered under  the policy. I have also not withheld any material information or suppressed any fact. I  undertake to notify PNB MetLife of any change in my state of health or occupation or any  decisions subsequent to the submission of this Enrolment Form and before the  acceptance of the risk by the Company.  
• I hereby authorize the Company or any of its approved medical examiners or laboratories  to perform the necessary medical assessment and test to underwrite and evaluate  my/the Proposed Insured's health status in relation to this application and any claim  arising therefrom.

I hereby permit/authorise the Company to collect, store, communicate and process information  relating to this proposal or the resulting Policy/Account and all transactions therein including  medical records, by the Company including sharing, transfer and disclosure with any entity or  entities, and to the authorities in and/or outside India of any confidential information for  compliance with applicable laws of land, Regulations 

This health Declaration shall form the basis of your enrolment. Any fraud, misstatement of or  suppression of a material fact under the policy shall be dealt in accordance with Section 45 of  the Insurance Act, 1938 as amended from time to time.

16. TATA AIA Insurance Declaration

RailYatri is the Group master policy holder under the group insurance scheme entered with Tata AIA Life Insurance Company. This is an annual policy, payable monthly. The 1st month cover is being provided as complimentary insurance by RailYatri.
On clicking on Continue to Pay, I understand and agree that my application for enrolment will be considered as signed using my RailYatri login credentials applicable for this transaction.
I further declare that the statements mentioned are true and complete in every respect related to my health and will form the basis of granting insurance cover to me, from Tata AIA Life Insurance Company Ltd. I further hereby agree and give my consent to, the Policyholder for use of the contents of this declaration by Tata AIA Life for examining and processing any claim arising, in respect of the insurance cover that maybe provided to me under the referred group policy.
I hereby confirm that my intent to participate in the above plan as the Policyholder's customers is purely because the cover is complimentary from RailYatri. I confirm and agree that the insurance cover, if provided, will be governed by the provisions of the Insurance Act, 1938, the Policy Contract and the Certificate of Insurance under which the cover will be offered to me.
I agree and understand that if I contract any of the above diseases between submitting this document and the date of commencement of the cover, I shall not be covered under the policy. I have also not withheld any material information or suppressed any fact. I undertake to notify Tata AIA Life ('The Company') of any change in my state of health or occupation or any decisions subsequent to the submission of this Enrolment Form and before the acceptance of the risk by the Company. I hereby authorize the Company or any of its approved medical examiners or laboratories to perform the necessary medical assessment and test to underwrite and evaluate my/the Proposed Insured's health status in relation to this application and any claim arising therefrom.
I/We hereby permit/authorise the Company to collect, store, communicate and process information relating to this proposal or the resulting Policy/Account and all transactions therein including medical records, by the Company including sharing, transfer and disclosure with any entity or entities, and to the authorities in and/or outside India of any confidential information for compliance with any law or regulation.

16.1. OTHER GENERAL TERMS AND CONDITIONS

•  This group insurance policy is underwritten by Tata AIA Life Insurance Co. Ltd. and RailYatri is merely acting as the group master policyholder under this policy.
•  The Insurance policy will be governed entirely by the Terms and Conditions of Tata AIA Life Insurance Co. Ltd., and the same shall be available in the policy wordings of the group life insurance product.
• Tata AIA Life and its service providers own complete liability for the insurance and allied services including but not limited to the policy issuance, claims, cancellation, endorsements, renewals and its related SLAs. RailYatri acts as a facilitator in the capacity of being the Master Policyholder for providing these services to you.
•  As a pre-requisite to avail the Insurance, you confirm that you are of 18 years of age or above and, you are a resident of India and is enrolled as a customer of RailYatri.
•  By availing the Insurance, you acknowledge that RailYatri, Tata AIA and its service providers may use your data in connection with the Insurance and its related /services, including without limitation for processing and activation of the Insurance. In this regard, you agree and provide consent for RailYatri to share the information or data pertaining to you with Tata AIA Life and its service provider. 
•  DNDC Disclaimer:
  TATA AIA Life Insurance Co. Ltd will send you updates on your policy, new products and services, insurance solutions or related information.
• Post sharing the data, the use of data will be governed by the privacy policies of Tata AIA Life. At any point in time. , you can reach out to [email protected] for clarification on data and governing policies.
• You authorise Tata AIA Life or its service provider to collect data / information from RailYatri. Such authorization shall be assumed to be a valid consent granted to RailYatri to share with Tata AIA Life and its service provider, your data / information in possession of RailYatri, in connection with providing this insurance and its related services.
• You authorize RailYatri and/or Tata AIA Life and its service providers to communicate with you, through emails or SMS/Whatsapp or notifications on websites / mobile applications or any other mode, in connection with the availed product. 
• Tata AIA Life shall be solely and directly responsible for any disputes arising out of or related to the Insurance product and its services. You understand and acknowledge that you will not have any remedy against RailYatri for such issues.
• You shall be solely responsible for correctness and validity of the information / data provided by you and you shall hold harmless RailYatri and its officers, directors, employees, agents and consultants for any liability arising out of the same.

(Prohibition of Rebates) Section 41 - of the Insurance Act, 1938 as amended from time to time: 1. No person shall allow or offer to allow, either directly or indirectly, as an inducement to any person to take out or renew or continue an insurance in respect of any kind of risk relating to lives or property in India, any rebate of the whole or part of the commission payable or any rebate of the premium shown on the policy, nor shall any person taking out or renewing or continuing a policy accept any rebate, except such rebate as may be allowed in accordance with the published prospectuses or tables of the insurer. 2. Any person making default in complying with the provisions of this section shall be liable for a penalty which may extend to ten lakh rupees.

SECTION 45 OF THE INSURANCE ACT, 1938 STATES: No policy of life insurance shall be called in question on any ground whatsoever after the expiry of three years from the date of policy, i.e. from the date of issuance of the policy or the date of commencement of risk or the date of revival of the policy or the date of the rider to the policy, whichever is later. A policy of life insurance may be called in question at any time within three years from the date of issuance of the policy or the date of commencement of risk or the date of revival of the policy or the date of the rider to the policy, whichever is later, on the ground of fraud. Provided that the insurer shall have to communicate in writing to the insured or the legal representatives or nominees or assignees of the insured the grounds and materials on which such decision is based. Nothing in this section shall prevent the insurer from calling for proof of age at any time if he is entitled to do so, and no policy shall be deemed to be called in question merely because the terms of the policy adjusted on subsequent proof that the age of the life insured was incorrectly stated in the
proposal. For further details, please refer to the Insurance Act, as amended from time to time.

16.2. COVID Declaration

I declare that I have never been hospitalized due to Covid, and I have not come into close contact with a Covid positive patient or suffered any Covid symptoms in the last 30 days.

16.3. Declaration of good health

I have never had any disorder of the heart or circulatory system, high blood pressure, stroke, asthma, or other lung condition, cancer or tumour of any kind, diabetes, hepatitis or liver condition, urinary or kidney disorder, depression, mental or psychiatric condition, epilepsy, HIV infection or a positive test to HIV, any disease of the brain or the nervous system, blood disorder. I do not currently have, nor received treatment for any medical conditions, disabilities. I do not suffer from any symptoms that have persisted for more than seven days. I have not been absent from work due to illness or injury for a continuous period of more than 10 days during the last 3 years.

This health Declaration shall form the basis of your enrolment. Any fraud, misstatement of or suppression of a material fact under the policy shall be dealt in accordance with Section 45 of the Insurance Act, 1938 as amended from time to time.

17. Axis Max Life Insurance Limited Insurance Declaration

Indorailbus Travel Private Limited (“Indorailbus”) is the Group master policy holder  under the Axis Max Life Group Term Life Platinum scheme entered with Axis Max  Life Insurance Limited (“Axis Max Life/Company”). This is a one-year group term  insurance policy with premium payable on monthly basis. The 1st month insurance  premium is being provided as complimentary by Indorailbus . 
By clicking on “Continue to Pay”, I understand and agree that my application for  enrolment in Axis Max Life group insurance policy will be considered as signed  using my Intrcity App login credentials applicable for this transaction. I further  declare that the statements related to my health are true and complete in every  respect and will form the basis of granting insurance cover to me, from Axis Max  Life. I further hereby agree and give my consent to, the Master Policyholder for  use of the contents of this declaration by Axis Max Life for examining and  processing any claim arising, in respect of the insurance cover that maybe  provided to me under the referred group policy. I confirm and agree that the  insurance cover, if provided, will be governed by the provisions of the Insurance  Act, 1938, the Master Policy and the Certificate of Insurance under which the cover  will be offered to me. 
I agree and understand that if I contract any of the diseases, mentioned in  Declaration of good health clause of this declaration, between submitting this  document and the date of commencement of the cover, I shall not be covered  under the policy. I, further confirm, that I have also not withheld any material  information or suppressed any fact from Axis Max Life. I undertake to notify Axis  Max Life of any change in my state of health or occupation or any decisions  subsequent to the submission of this member enrolment form and before the  acceptance of the risk by Axis Max Life. I hereby authorize the Company or any of  its approved medical examiners or laboratories to perform the necessary medical  assessment and test to underwrite and evaluate my/the proposed life insured's  health status in relation to this member enrollment form and any claim arising  therefrom. I/We hereby permit/authorize the Company to collect, store,  communicate and process information relating to this proposal or the resulting  Policy/Account and all transactions therein including medical records, by the  Company including sharing, transfer and disclosure with any entity or entities, and  to the authorities of any confidential information for compliance with any applicable  law or regulation. 

17.1 OTHER GENERAL TERMS AND CONDITIONS 

• This group insurance policy is underwritten by Axis Max Life Insurance Ltd. and  Indorailbus is the group master policyholder under this policy.
• Axis Max Life and its service providers own complete liability for the insurance  and allied services including but not limited to the policy issuance, claims,  cancellation, endorsements, renewals and its related service level agreement.  Indorailbus acts as a facilitator, in the capacity of being the master policyholder, for providing these services to you. 
• As a pre-requisite to avail the insurance, you hereby affirm and declare that, as  of the date of submission of this member Enrolment form, you are not less than  eighteen (18) years of age and not more than fifty-five (55) years of age, are a  resident of India, and are duly enrolled as a customer of Intrcity app. 
• By availing the insurance, you consent to and acknowledge that Indorailbus , Axis Max Life and its service providers may use your data in connection with  the insurance and its relate services, including without limitation for processing  and activation of the insurance. In this regard, you agree and provide consent  for Indorailbus to share the information or data pertainin to you with Axis Max Life and its service provider. 
• DNDC disclaimer: Axis Max Life Insurance Ltd will send you updates on your  policy, new products and services, insurance solutions or related information.  
• Post sharing the data, the use of data will be governed by the privacy policies  of Axis Max Life. At any point in time, you can reach out to [email protected] for clarification on data and governing  policies. 
• You authorize Indorailbus and/or Axis Max Life and its service providers to  communicate with you, through emails or SMS/Whatsapp or notifications on  websites / mobile applications or any other mode, in connection with the availed  product. 
• You shall be solely responsible for correctness and validity of the information /  data provided by you and you shall hold harmless Indorailbus and its officers,  directors, employees, agents and consultants for any liability arising out of the  same. 

(Prohibition of Rebates) Section 41 - of the Insurance Act, 1938 as amended  from time to time: 1. No person shall allow or offer to allow, either directly or  indirectly, as an inducement to any person to take out or renew or continue an  insurance in respect of any kind of risk relating to lives or property in India, any 
rebate of the whole or part of the commission payable or any rebate of the premium  shown on the policy, nor shall any person taking out or renewing or continuing a  policy accept any rebate, except such rebate as may be allowed in accordance  with the published prospectuses or tables of the insurer. 2. Any person making  default in complying with the provisions of this section shall be liable for a penalty  which may extend to ten lakh rupees. 
Section 45 of the Insurance Act, 1938 states: No policy of life insurance shall be  called in question on any ground whatsoever after the expiry of three years from  the date of policy, i.e. from the date of issuance of the policy or the date of  commencement of risk or the date of revival of the policy or the date of the rider to  the policy, whichever is later. A policy of life insurance may be called in question  at any time within three years from the date of issuance of the policy or the date of  commencement of risk or the date of revival of the policy or the date of the rider to  the policy, whichever is later, on the ground of fraud. Provided that the insurer shall  have to communicate in writing to the insured or the legal representatives or  nominees or assignees of the insured the grounds and materials on which such  decision is based. Nothing in this section shall prevent the insurer from calling for  proof of age at any time if he is entitled to do so, and no policy shall be deemed to  be called in question merely because the terms of the policy adjusted on  subsequent proof that the age of the life insured was incorrectly stated in the proposal. For further details, please refer to the Insurance Act, as amended from  time to time. 

17.2 COVID Declaration 
I declare that I have never been hospitalized due to Covid, and I have not come  into close contact with a Covid positive patient or suffered any Covid symptoms in  the last 30 days. 

17.3 Declaration of good health 
I have never had any disorder of the heart or circulatory system, high blood  pressure, stroke, asthma, or other lung condition, cancer or tumour of any kind,  diabetes, hepatitis or liver condition, urinary or kidney disorder, depression, mental  or psychiatric condition, epilepsy, HIV infection or a positive test to HIV, any  disease of the brain or the nervous system, blood disorder. I do not currently have,  nor received treatment for any medical conditions, disabilities. I do not suffer from  any symptoms that have persisted for more than seven days. I have not been  absent from work due to illness or injury for a continuous period of more than 10  days during the last 3 years.

This health Declaration shall form the basis of your enrolment. Any fraud,  misstatement of or suppression of a material fact under the policy shall be dealt in  accordance with Section 45 of the Insurance Act, 1938 as amended from time to  time.