User Agreement

    1. Acceptance

    www.tralgy.com is owned and operated by Biram Technologies Pvt. Ltd, having its registered address at Tralgy, Golden Square, 102 Eden Park, 20, Vittal Mallya Road, hereinafter referred to as “Tralgy”, “We”, “Us” and “Our”. Tralgy functions as a link/platform between the buyers and the sellers of tour and travel packages “Services” through its website www.tralgy.com, hereinafter referred to as the “Platform” of “Website”. This Agreement states out all the terms and conditions that is applicable to all those legal entities or individuals (“Buyers”) who wish to be purchase the packages set by B2B sellers (“Sellers”) affiliated with Tralgy. The User accepts and agrees to each and every section of this User Agreement.

    2. Your Continued Use of the Platform Signifies Your Acceptance of these Terms:

    The Platform and the Services are provided to you subject to these Tralgy’s User Agreement, Privacy Policy, and other Service specific terms which include Seller’s policies and their terms, hereinafter referred to as the “Terms”. Please read the Terms and other service related terms and conditions along with the terms included by way of reference carefully before availing any services or purchasing the packages. Any service availed by the user through this platform shall signify users’ acceptance of the terms & conditions and shall be legally binding on the user. Further, the Platform is intended to be used only by a person capable of entering into a legally binding contract. In the event, you cannot enter into a legally binding agreement; the only option available to you is to discontinue the use of Tralgy immediately.

    3. We Reserve The Right To Update the Terms:

    You agree to comply with the latest version of these Terms while using the Platform. Tralgy reserves the right to update the Terms contained herein, including without limitation, any of the information posted on the Platform such as pricing information at any time and at its sole discretion. Tralgy may send you a notice of changes made to the the Terms. By using the Platform you agree that you shall keep reviewing these terms from time to time and for the same you shall solely be responsible. Should you have any objection to any term or condition of these terms, any guideline, or any subsequent changes thereto or become unhappy with Tralgy or our service in any manner whatsoever, you are requested to discontinue using the Website.

    4. Our Services:

  • Tralgy is a B2B platform for travel agents and DMCs. Tralgy imparts training to the travel agents and helps them design their packages which can be, then, sold to the B2B buyers through the Platform. Tralgy acts as a link between the B2B buyers and sellers and therefore all contractual terms related to buying and selling of the packages are understood and agreed by and between the respective buyers and sellers only without engaging Tralgy in any manner whatsoever.
  • The packages are sold by the Sellers, and therefore, Tralgy does not control the terms of sale and purchase of the Packages which are provided by the Sellers. As a facilitator of this Platform, we do, however, receive the payments on behalf of the Sellers. As a general rule, Tralgy remits all the charges/prices paid by a Buyer to the concerned Seller. Tralgy's liability in respect of a Buyer’s claim arising from any of Tralgy’s services will be limited to as an intermediary. Tralgy is an aggregator of travel agents whose responsibility is to bring the Sellers and Buyers together. Tralgy shall not be held responsible for the execution of the packages you purchase through the Platform.
  • We in our sole discretion reserve the right to not accept any order placed by a User through the Platform without assigning any reason thereof. Any booking through Tralgy is not complete until full money is received from the User and is accepted by Tralgy.
  • We do not guarantee the quality or standard of the packages available on the Platform. Neither do we express any opinion as to whether the packages shall be safe for your customers including their personal safety. As a B2C business entity, you are solely responsible for ensuring or taking any safety measures, evaluating the risks involved in the execution of the packages, set your terms and conditions which would be available to your customers, obtain necessary licenses, government approvals, clearances, incurring costs related to the execution or implementation of the packages, and making arrangements for your customers as per your representation made to them.
  • Notwithstanding anything contained herein, we do not assure, either directly or indirectly, to your customers that a particular place shall be a safe tourist destination, safe medium of transport or safe tourist activity. You acknowledge and agree that you are responsible for, and bear all risks associated with, the use of any Packages, that you may not rely upon, and that we, under no circumstance, shall be held liable for any loss or damage incurred by you as a result of use of Services listed on the Platform.

    5. Terms and Conditions of the Sellers:

    In addition to this Agreement, a Buyer shall be responsible to read and understand the terms of Sellers. The Sellers are free to set the terms and conditions for their packages. Therefore, you are requested to read and understand their terms before purchasing any package. You understand, acknowledge and agree that by placing a purchase order you entered into a contract with seller wherein the Seller agrees to sell the package for the consideration paid by you. All contractual terms are understood and agreed between you and the Seller without binding Tralgy in any manner whatsoever. However, if there is a conflict in the terms and conditions of the Sellers and this Agreement, this Agreement shall prevail provided you have informed us through the notice section of this Agreement about your actions.

    6. Privacy Policy:

    We collect your personal and non-personal information in accordance with our Privacy Policy. Therefore, you are requested to read our Privacy Policy available at Privacy Policy. Please note that your continued use of this Platform signifies your acceptance to our Privacy Policy and any subsequent changes made to it.

    7. Cookie Use Policy:

    You are requested to read our Cookie Use Policy available at Privacy Policy . Please note that your continued use of this Platform signifies your acceptance to our Cookie Use Policy and any subsequent changes made to it.

    8. Eligibility to Use the Platform:

  • The Platform in not available for use by minors. You must be a B2C entity to use this Platform or our services. By using the Platform, you represent that you are not below the legal age required to enter into a legally binding agreement.
  • By using the Platform you represent that you are not party to any agreement or contract which puts restriction on your use of the Platform and limits the liabilities in any manner whatsoever ever and restricts you to abide by the Terms.
  • You are not party to any dispute, legal pronouncement in which shall disqualify you from entering into a legally binding contract, abide by the Terms, Use of the Platform, and/or limits your liabilities in any manner whatsoever.
  • You hold necessary registration and/or licences to carry out your services. We have a right but not an obligation to investigate whether you do hold such licenses or not, and whether the documents you have provided are correct or not.

    9. Conduct of the Users:

  • You agree to not use the Platform in the ways other than the uses specifically mentioned herein. You agree that the Platform shall not be brought into any use which is devised solely to defeat the purpose of Indian legal system. You acknowledge, agree, represent and warrant that the Platform shall not be bought into uses which are unsolicited, illegal, unethical, immoral and harmful in any manner whatsoever.
  • If requested to provide a review of the packages, you agree that your review shall be unbiased and it shall reflect your correct opinion. If you are using the communication services to write, post, upload or host a content, it should not be illegal, pornographic, abusive, harmful, scathing, racist, defamatory and derogatory. You agree that you would not engage in an activity which can harm or result in a liability for the Platform, its operators and other Users. You would not upload any virus, bot, crawler or any unwanted software/application which may impact the functioning of the Platform.
  • As a condition of the use of the Platform, the User warrants that they will not use the Platform for any purpose that is unlawful or illegal under any law for the time being in force within or outside India or prohibited under these Terms including both specific and implied. In addition, the Platform shall not be used in any manner, which could damage, disable, overburden or impair it or interfere with any other party's use and/or enjoyment of the Website. The User shall refrain from obtaining or attempting to obtain any materials or information through any means not intentionally made available or provided for or through the Website.
  • Please note that Tralgy reserves the right, in its sole discretion, to terminate your access to the Website/Platform at any time and without any prior notice to you. For more details, please read our Suspension of user account section.
  • Tralgy will review materials posted on the Platform and shall remove any materials in its sole discretion. Tralgy reserves the right to terminate the User's access to any or all of the Communication Services at any time without notice for any reason whatsoever.
  • Tralgy reserves the right at all times to disclose any information as is necessary to satisfy or comply with any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Tralgy's sole discretion.
  • Tralgy does not control or endorse the content, messages or information available in the packages, either in part or whole, and therefore, Tralgy specifically disclaims any liability or responsibility whatsoever with regard to the packages and any actions resulting therefrom.
  • 10. User’s Responsibilities and Representations:

  • You are responsible to use your knowledge and skill to decide the packages suitable for you. We do not express our opinion on the suitability of the packages. Further you confirm that Tralgy shall not be responsible for any deficiency in payment of consideration payable to the Sellers.
  • You shall be responsible to execute the packages, for example, book the hotels or flight tickets for your customers. Tralgy does not have any role to play in the execution of the packages.
  • You are responsible to read and understand the terms and conditions of the Sellers before purchasing any package.
  • Any references to a Seller being “verified” only indicate that the Seller has completed a reasonable verification process. Any such description is not an endorsement, certification or guarantee by Tralgy about any Seller, including of the Seller’s identity and credibility. Tralgy therefore recommends that you always exercise due diligence and care when deciding whether to avail services from a Seller, or while having any other interaction with them.
  • Upon receiving User’s complaint, Tralgy shall inform the relevant Seller of such complaint and request for an explanation. Users are required to refrain from raising frivolous and baseless complaints. User expressly acknowledges that the Seller providing the deficient Service will be solely responsible to User for any claims that User may have in relation to such defective Service and Tralgy shall not in any manner be held liable for the same.
  • The User represents that he has read and fully understands the Terms. The User further consents that Terms are acceptable to him. You further represent that you have read and understood our Privacy and Cookie Use Policies which govern the collection, storage and use of your personal as well as non-personal information.
  • A User is required to provide to the Platform true and correct information at the time of registration, placing an order or creating its profile. We reserve the right to terminate your access to the Platform, temporarily or permanently suspend your account if we find that the information you have provided is inaccurate.
  • The User represent and confirm that the User is of legal age to enter into a binding contract and is not a person barred from availing the Services under applicable laws.
  • A User shall be liable to pay all applicable charges, fees, duties, taxes, levies and assessments for subscribing or purchasing the packages made available through the Platform.

    11. Terms Related to Your User Account:

  • If the User opts to register on the Platform, upon completion of the registration process, the User shall receive a user id and password. The User agrees and undertakes at all times to be responsible for maintaining the confidentiality of the password and user id, and shall be fully responsible for all activities that occur by use of such password or user id. Further, the User agrees not to use any other party's under id and password for any purpose whatsoever without proper authorization from such party. You are responsible for the security of your password and for all transactions undertaken using your password through our Service.
  • The User also agrees and undertakes to immediately notify Tralgy of any unauthorized use of the User's password or user id and to ensure that the user logs off at the end of each session at the Platform. Tralgy shall not be responsible for any, direct or indirect, loss or damage arising out of the user's failure to comply with this requirement.
  • The User also agrees to: (a) provide true, accurate and complete information about himself and his beneficiaries as prompted by the registration form, hereinafter referred to as “Registration Data” on the Platform; and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If the User provide any information that is untrue, inaccurate, not current or incomplete or Tralgy has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Tralgy has the right to suspend or terminate the User's registration and refuse any and all current or future use of the Platform and/or any Service.
  • 11.4. The User grants Tralgy the right to disclose to third parties and Sellers Registration Data to the extent necessary for the purpose of carrying out the Services.

    12. We may Contact You:

    When you register with Tralgy.com, we or any of our partners/affiliate/group companies may contact you from time to time to provide the offers/information of such products/Services that we believe may benefit you on the contact details provided by you during the registration process. You understand that he shall receive certain communications from Tralgy as service announcements and administrative messages in connection with his activities on the Platform. The User understands and agrees that the services are provided on an “as is” basis and that Tralgy does not assume any responsibility for deletions, or failure to store any User communications or personalized settings.

    13. Intellectual Property Rights:

    If any content available on the Platform infringes upon your intellectual property rights, please write at contact@tralgy.com. Any type of intellectual right infringement is prohibited on the Platform. After receiving the infringement notice, we shall take necessary steps for the removal of infringing contents. We reserve the right to terminate the User’s account in case we found them to be a repeat infringer.

    14. Charges:

  • Price of the packages shall be provided on the Website which a User shall be required to pay. We do not collect charges for browsing our Website. User can create his account on the Platform which is free of cost. In particular, Tralgy may at its sole discretion introduce new services and modify some or all of the existing services offered on the Platform. We may introduce new charges for which you would be informed either by way of a notice published on the Platform or a communicated sent to your email id registered with us.
  • We have third party payment gateways which process the payments for the packages bought. A list of the payment options available to a Buyer is provided at the time a Buyer proceeds to make the payment.
  • We ensure that the information related to pricing is accurate, however, typographical errors cannot be ruled out completely. In the event, due to a human error, a package is listed at an unreasonable price, Tralgy shall cancel such orders and inform the User. We may justify our actions in the communication sent to you. Tralgy will have the right to rectify the price and contact User for further instructions via e-mail address and/or mobile phone number provided by the User at the time of registration, and notify User of such cancellation. If Tralgy cancels the order after the payment has been processed, the said amount will be remitted to User’s account from which the payment was made.
  • 15. Cancellation and Refunds:

  • Please note that the Sellers may set the terms of cancellation, and therefore, all cancellations shall be done in accordance with the Seller’s policies.
  • If a Buyer requests a cancellation and the same is approved by the Seller: Tralgy shall refund the total price paid by the Buyer subject to its receipt from the concerned Seller. Further, the reasonable time of the cancellation shall be seven (7) working days. The refunds shall be without any unjust enrichment. Further, in the event, where the Seller cancels an order (package purchase order) due to omission, commission and negligence of the User, the refund/return shall be governed by the Sellers refund and cancellation policies
  • All the refund claims are subject to the refund policies of our respective Sellers. The refunds applicable, if any, shall be disclosed in the description of the packages. Therefore, you agree to read and understand their refund policies before subscribing, purchasing any packages available on their Platform.
  • The refund shall be processed within fifteen (15) working days from the date of the cancellation request, after receiving back to back refund from the concerned Seller. If Tralgy has received the payment through a valid credit card, then the same will be refunded to User’s credit card.A Buyer shall have the option to choose among other alternatives available on the Platform. In that event, the Buyer shall pay the differential amount to Tralgy. Similarly, the Buyer shall be eligible to receive the refund of excess amount. Please note that Tralgy is not the actual seller of the packages; therefore, it cannot refund the amount unless the same is received back from the concerned Seller.
  • We are simply a facilitator for payment from User/Buyer to the Seller of the packages. It is understood that if a Buyer does not make payment in full, Tralgy shall not be obliged to confirm the order or pay the Seller on behalf of the Buyer. Tralgy does not guarantee payments to Sellers for amounts that have not been successfully received by Tralgy from the User.

    16. Limited User:

  • The use of this Platform is for B2C entities only. We may, at our sole discretion, restrict your access and use of the Platform for any personal purpose.
  • Copying or reproducing the Platform, the Materials, or any portion thereof to any other server or location for further reproduction or redistribution is expressly prohibited. You further agree not to reproduce, duplicate or copy any content including texts, images, audios, videos, visuals, source codes or materials from the Platform, and agree to abide by any and all copyright notices and other notices displayed on the Platform. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.
  • 17. Relationship:

    None of the provisions of the Terms or any other section or pages of the Platform and/or the linked sites, shall be deemed to constitute a partnership between the User and Tralgy and no party shall have any authority to bind or shall be deemed to be the agent of the other in any way. It may be noted, however, that if by using the Platform, the User authorizes Tralgy and its agents to access third party sites designated by them or on their behalf for retrieving requested information, the User shall be deemed to have appointed Tralgy and its agents as their agent for this purpose.

    18. Indemnification:

    The User agrees to indemnify, defend and hold harmless Tralgy from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Tralgy that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by the User pursuant to this user agreement and/or the terms of Service/terms and conditions. Tralgy is not the actual seller of the packages, and therefore, you agree to indemnify, defend and hold harmless Tralgy from all the actions initiated by your customers in which Tralgy was made a party.

    19. Disclaimer of Warranties:

  • You expressly acknowledge and agree that use of the Platform is entirely at your own risk and that the Platform and the Service are provided on an “as is” or “as available” basis, without any warranties of any kind. All express and implied warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights are expressly disclaimed to the fullest extent permitted by law. To the fullest extent permitted by law, Tralgy, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Platform and your use thereof. Tralgy makes no warranties or representations about the accuracy or completeness of the Platform's content or the content of any third party Platforms linked to the Platform and assumes no liability or responsibility for any
  • a) Errors, mistakes, or inaccuracies of content;
    b) Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Platform and Services;
    c) Any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein,
    d) Any interruption or cessation of transmission to or from the Platform,
    e) Any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Platform by any third party, and/or
    f) Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, communicated, transmitted, or otherwise made available via the Platform or the Service.
  • Tralgy does not warrant, endorse, guarantee, or assume responsibility for any Service advertised or offered by a Seller or any third party through the Platform. As with the purchase of a Service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. Tralgy acts only as a booking agent and facilitator of Services on behalf of Sellers, it shall not have any liability whatsoever for any aspect of the arrangements between the Sellers and the User as regards the standards and rendering of Services by the Sellers. In no circumstances shall Tralgy be liable for the Services provided by the Sellers.

    20. Limitation of Liability:

  • In no event shall Tralgy, its officers, directors, employees, or agents, be liable for direct, indirect, incidental, special, consequential or exemplary damages, resulting from any aspect of your use of the Platform or the damages resulting for the purchase and execution of the packages, including without limitation whether the damages arise from use or misuse of the Platform or your purchase and execution/implementation of the packages, from inability to use the Platform or execution/implementation of the packages, or the interruption, suspension, modification, alteration, or termination of the Platform. Such limitation of liability shall also apply with respect to damages incurred by reason of other Services or packages you purchased through the Platform or received through or advertised on the Platform or any links on the Platform, as well as by reason of any information, opinions or advice received through or advertised in connection with the Platform or the Service or any links on the Tralgy. These limitations shall apply to the fullest extent permitted by law. You specifically acknowledge and agree that Tralgy shall not be liable for Seller submissions or the defamatory, offensive, or illegal conduct of any other User or third party or Seller and that the risk of harm or damage from the foregoing rests entirely with you. Although Tralgy makes reasonable commercial efforts to ensure that the description and content in the User Agreement and on each page of the Platform is correct, it does not, however, take responsibility for changes that occurred due to human or data entry errors or for any loss or damages suffered by any User due to any information contained herein.
  • Tralgy is not the actual seller of the packages, and therefore it does not control or prevent changes in the published descriptions or representations, which are always based upon information provided by the Sellers. Tralgy shall not be held liable for any changes, deficiencies, disputes, etc. related to the packages being sold by the Sellers, including the matters related to delays in refunds or no refunds, of the fares and charges paid to Sellers. All refunds to User on account of cancellation of any tickets/Services or otherwise shall be made subject to receipt of such refunds by Tralgy from the respective Seller. Tralgy does not endorse any advertiser on its Platform in any manner. The Users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information. Tralgy does not, by offering tour and travel related Services to particular destinations, represent or warrant that travel to such destinations is without risk, and shall not be liable for damages or losses that may result from travel to such destinations.
  • In no event shall Tralgy be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from without limitation, damages for loss of use, arising out of or in any way connected with availing services from Tralgy. Neither shall Tralgy be responsible for the delay or inability to use/avail the Platform or its services, the provision of or failure to provide packages by Seller, or for any information, products, obtained from Tralgy, whether based on contract, tort, negligence, strict liability or otherwise.
  • Tralgy shall not be held responsible for non-availability of the Platform during periodic maintenance operations or any unplanned suspension of access to the Services that may occur due to technical reasons or for any reason beyond Tralgy's control.
  • These limitations, disclaimer of warranties and exclusions apply without regard to whether the damages arise from (a) breach of contract, (b) breach of warranty, (c) negligence, or (d) any other cause of action, to the extent such exclusion and limitations are not prohibited by applicable law.
  • The maximum liability on part of Tralgy arising under any circumstances, in respect of any Services availed, shall be limited up to a maximum of the refund of total amount received from the User for providing the services less any cancellation, refund or others charges, as may be applicable. In no case Tralgy shall be liable for any consequential loss, damage or additional expense whatsoever. In no event Tralgy shall be liable in its own name for any kind of refunds of charges paid to the Sellers in lieu of the Services in the event, the Seller fails to refund the charges. For removal of doubts, it is clarified that a User shall be able to raise the refund and cancellation request(s) and the said requests will be subject to Tralgy’ Refund and Cancellation Policies as well as the Seller’s Refund and Cancellation Policies.

    21. Links to Third Party Sites

  • The Platform may contain links to other Platforms such as payment gateways or the info-graphics of the Sellers, hereinafter referred to as “Linked Sites”. The Linked Sites are not under our control and we are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Tralgy is not responsible for any form of transmission, whatsoever, received by the User from any Linked Site. Tralgy is providing these links to the User only as a convenience.
  • We do not represent and guarantee, in any manner whatsoever, the genuineness and authenticity of the contents of the third party platforms. You agree to assume the risk and hold harmless Tralgy from any loss and damage resulting from linking to, browsing and using the contents available on third party Platforms. You shall be required to abide by the terms and conditions of such third party websites.

    22. Promotion Codes/Discount Coupons:

  • Tralgy may generate promotion codes from time to time which may be availed on the Platform as a discount coupon, if applicable.
  • Tralgy reserves the right to add, alter, modify and withdraw any and all promotion codes without any prior notice to you.

    23. Suspension of Your Account and Termination of this Agreement:

  • Without prejudice to the other remedies available to Tralgy under this Agreement, or under applicable law, Tralgy reserves the right to immediately temporarily, or indefinitely suspend or terminate the your registration, deactivate your account, and/or refuse to provide you with access to the Website if:
  • a) The User is in breach of this Agreement and/or the documents it incorporates by reference;
    b) Tralgy/Seller is unable to verify or authenticate any information provided by the User;
    c) Tralgy believes that your use of the Website shall violate any law;
    d) You violate the third party rights on the Platform or engage in a conduct that is prohibited;
    e) If Your actions on the Platform may result or are likely to result in a liability for the Platform or the Sellers;
  • Any request to reinstate the suspended accounts/registrations shall be made at the address provided in the notice section of this Agreement. Further, we reserve the right to reinstate the accounts that were suspended temporarily.
  • Either you or Tralgy can terminate this Agreement at any point in time at their sole discretion without giving any reason thereof. Upon termination of this Agreement, User's right to use the Platform or our Services shall immediately cease. The User shall have no right and Tralgy shall have no obligation thereafter to execute any of the User's uncompleted tasks or forward any unread or unsent messages to the User or any third party. Once the User's registration is terminated, cancelled or suspended, any data that the User has stored on the Platform may not be retrieved later.
  • Tralgy reserves the right to recover any losses, claims and damages including the fees incurred in hiring a lawyer from a User who uses the Website in contravention of the Terms or breaches the Terms in any manner whatsoever.

    24. Notices:

    You can email us your concerns, queries and suggestions at contact@tralgy.com. Further, all notices and communications shall be in writing, in English and shall deemed given if delivered personally or by commercial messenger, courier service providers or registered posts at the address posted on the Platform. You must maintain a proof of delivery of the notices.

    25. Severability:

    If any provision of this Agreement is determined to be invalid or unenforceable by any court, the remaining provisions of this Agreement shall remain in full force and effect. In no event shall the unenforceability of that provision shall affect the remaining provisions.

    26. Interpretation:

    The terms “You”, “Your” and “User” has been used interchangeably to represent a Buyer. The headings and subheadings do not describe, interpret, define or limit the scope, extent or intent of these terms and conditions in any manner whatsoever. The pronouns used in this user agreement shall represent both the female and male. Further, the terms “herein”, “hereof”, “hereto”, “hereunder” and words of similar import refer to this document as a whole.

    27. Governing Law:

    These Terms including the document it incorporate by reference, shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts of Bengaluru, India.