These Terms of Use (“Terms”) govern the use of the www.pneuma.club website (“Website”) by the user (“You”, “Your”, “Yourself” or “User”). Please read these Terms carefully before proceeding to use, access or view the Website, which is owned, managed and controlled by NORTHERN STAR TECHNOLOGY PRIVATE LIMITED, (“NS”, “Us”, “Our” or “We”). These Terms, along with any modifications and/or amendments, constitutes a valid contract between You and Us. These Terms, along with the Privacy Policy, applicable laws and regulations, shall apply to Your use and access of the Website, and certain provisions shall apply to You depending on their applicability to the situation. These Terms shall also be applicable to Your use of the Website through a mobile application, mobile browser or access by a mobile device.

You understand that failure to read, evaluate or otherwise make Yourself aware of the existence of the provisions of these Terms shall not constitute a valid excuse for failing to comply with any of the obligations contained herein. You warrant that it shall be Your sole responsibility to keep Yourself updated as to any and all modifications or amendments to these Terms, and NS’ duty in this regard shall be limited to making any such modifications or amendments available on the Website. Any updates to these Terms shall be reflected in the “Last Updated” entry displayed at the start of these Terms.

You further understand, consent and warrant that continued access and use of the Website shall exhibit Your understanding of these Terms and shall constitute valid consent to be bound by these Terms. Should You not agree with these Terms, or lack the required authority as prescribed by law to access and use the Website on behalf of another individual or legal entity, You are required to cease all access and use of the Website, and We shall not be liable for any damage caused to You by such access and use of the Website.

Further, You must be 18 years of age or older to use Our Services. You represent to Us that You are at least 18 years old and that You are otherwise lawfully able to enter into contracts. If you are less than 18 years old, You are required to cease usage of Our Services and NS shall not bear any liability for any consequences in such circumstances. If You are entering into these Terms on behalf of an entity, such as the company You work for, You represent that You have authority to bind that entity and You agree that “You” as used in these Terms includes both You personally and the entity You represent.

The Website acts as a one-stop shop for facilitating Users in planning and booking their travel arrangements, providing online travel search services by way of flight options to Users which are classified as: (1) for purchase (“Paid Tickets”); as well as (2) through frequent flyer miles, reward points and/or loyalty schemes (“Awards Tickets”). The Website accumulates information from various airline operators and reward point and loyalty scheme providers (together referred to as “Travel Service Providers”), which may include banks and financial institutions offering credit card services and/or other electronic/digital payment settlement systems.

Users may then access this data to examine, analyse and compare the various options available to them and determine which option is suitable for them. The Website may also offer the option of booking either Paid Tickets or Awards Tickets, or both, through its platform to the Users at its discretion. Users may either be directed to the Travel Service Providers’ website, or directed to a page on the Website to complete their booking. NS is not responsible for setting or controlling the prices applicable to either the Paid Tickets or Awards Tickets available on the Website, and all such offerings are provided by the Travel Service Providers and subject to their terms and conditions.

NS facilitates Your bookings with the Travel Service Providers but is not responsible and has no liability to You in respect of such bookings. The identity of the relevant Travel Service Provider shall be displayed to You when search results are returned to a query inputted by You and it shall be Your duty to make Yourself aware of the terms and conditions applicable to Your booking with them. You are required to ensure that You have read and fully understood them before completing Your booking. You further agree to comply with such terms and conditions, and acknowledge that breaching such terms could result in the cancellation of bookings, revocation of points/miles and other benefits, as well as any additional charges.

NS provides the services available on the Website on an “as is” basis and expressly disclaims all warranties, conditions and guarantees of any kind, whether express or implied, including but not limited to any implied warranties of title, non-infringement, merchantability and accuracy, as well as any warranties implied by usage of trade, course of dealing or course of performance. To the extent permitted by law, NS makes no representations and does not warrant to You that Our services (i) are accurate, complete or up to date; (ii) will always be available; (iii) will meet Your expectations; (iv) are provided in real time; or (v) are secure or are free from errors, faults, defects, viruses or malware. NS in its services relating to providing information regarding Paid Tickets and Awards Tickets offered by Service Providers and directing the User to the Service Providers website for booking said tickets, is acting as an intermediary, and bears no liability towards the User for any damage, injury, consequence or loss resulting from the User’s use of such services. NS makes no representations and does not guarantee the availability of either the Paid Tickets or the Awards Tickets either at or prior to the time of booking.

NS may provide services of a live chatbot or a virtual concierge to assist the User with navigating the Website as well as making bookings with Service Providers. You understand and acknowledge that NS shall not be liable to You for such services, as the same is fully dependent on the information supplied by You as well as the choices executed by You.

NS may regulate Your use of the Website by requiring that You create an account on the Website with NS. In such instance, You hereby agree to provide details relating to Your full name, email address and phone number.

NS may also require You to provide Your financial service provider’s details, which may include Your bank and/or credit card service provider (“Financial Service Providers”). NS may also require You to provide, as part of Your registration on the Website, information pertaining to Your account and transactions with Your Financial Service Provider in order to determine the number of miles/points/awards available to You to view/compare Awards Tickets or to make a booking on the Website.

NS may also offer You the option to create an account with the Website using Your account with a third-party service provider, such as Google or Apple, among others. In such instance, You authorise NS to contact such third-party service provider and collect the information necessary for the creation of Your account utilising data obtained from Your account with such third-party service provider.

You acknowledge that the information provided by You, or on Your behalf, shall be true, accurate, current and complete, and NS shall not be liable for any loss or injury arising out of inaccurate information.

In the event that You create an account with the Website, You warrant that You shall take all necessary measures to protect the confidentiality of Your account credentials. NS shall bear no liability for any loss, injury or damage arising out of any unauthorised access resulting from Your failure to maintain the confidentiality of the same. If You believe that Your account credentials have been compromised, You must first opt to change Your password by selecting the option available on the Website. Should You have reason to believe that this would not be an effective solution, You are required to immediately notify Us.

You warrant that You have attained the age of majority in Your jurisdiction. If You have not attained the age of majority, You are required to cease continued use and/or access to the Website, and any further use or access of the Website shall absolve NS and the Website of any liability arising out of any loss, injury or damage resulting from such use.

You agree that Your use of the Website shall only be for bona fide purposes and lawful uses. You agree that You shall not distribute, exchange, modify, sell or transmit anything from the Website, including but not limited to any text, images, audio and video, for any business, commercial or public purpose.

Your access and use of the Website may be interrupted from time to time for any of several reasons, including without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Website or other actions that NS, in its sole discretion, may elect to take. NS reserves the right to suspend or block access to the Website and/or any portion of the Website at any time without prior notice.

Your access and/or usage of the Website shall allow NS to send you further communication relating to Your usage of the website, which shall include but not be limited to follow-up correspondence, promotional correspondence, flight information, ticket prices and their fluctuation, and e-ticket issuance, among other things, through email and/or Whatsapp. You hereby consent to receive such from Us electronically, and You agree that all agreements, notices, disclosures and other communications that is provided by Us to You electronically satisfy any legal requirement that such communications be in writing.

The Website may also offer a blog/community forum for the sharing of opinions and spread of information to facilitate the use of the Website, as well as to simplify the User’s experience in utilising the services of the Website. The Website retains the exclusive right to monitor and regulate content shared on the blog/community forum and remove any content that it deems to be a violation of these Terms. The Website may also host content created and developed by NS.

Subject to these Terms, NS grants You a non-transferable, non-exclusive, revocable, limited license to use and access the Website solely for Your own personal, non-commercial use and for no other purpose. Your usage of the Website shall be conditioned on compliance of the following:

1. You shall not use the Website in a manner or for any purpose that is improper, unlawful, fraudulent, illegal or harmful or in contravention of applicable data protection regulations.
2. You shall not share, transmit, or introduce onto the Website any material that is defamatory, offensive, obscene, inflammatory or otherwise objectionable. NS shall be entitled to remove any such material that it deems to be in violation of this clause.
3. You shall not use the Website in a manner or for any purpose that is in breach of confidence or privacy or of any third-party’s rights including intellectual property rights.
4. You shall not use the Website for any commercial purpose or in any manner which may cause damage to NS or bring NS into disrepute.
5. You shall not use the Website in a manner or for any purpose that deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any misinformation or information which is patently false or untrue or misleading in nature.
6. You shall not use or interfere with the Website in a way that could damage, disable, overburden, impair or compromise NS’ systems or security measures or interfere with other users’ use of the Website.
7. You shall not introduce any virus, Trojan, worm or other malicious code, file or program designed to interrupt, destroy or limit the functionality of the Website.
8. You shall not copy, distribute, communicate to the public, sell, lend or analogously use the Website or its contents, or seek to violate or circumvent any security measures in place to regulate Your access or use of the Website.
9. You shall not take any action that imposes, or may impose in NS’ sole discretion, an unreasonable or disproportionately large load on the Website’s infrastructure.
10. You shall not use any deep-link, page-scrape, robot, crawl, index, spider, click spam, macro programs, Internet agent, or other automatic device, program, algorithm or methodology which does the same thing, to use, access, copy, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor any portion of the Website.
11. You shall not access the Website in order to build a similar or competitive product, offering or service.

In addition to other remedies and recourse available to NS under these Terms or under applicable law, it is specifically clarified that NS reserves the right to suspend, cancel or refuse the offer or performance of any service available on or through the Website to You, should NS find or have reason to believe that: (i) the information submitted by You is false, unverifiable or is in any way incorrect, and You have not made any effort to correct such information despite being informed of the same by NS; (ii) You have breached these Terms; (iii) You are acting in a manner that is illegal, unlawful, fraudulent or harmful or otherwise in contravention with applicable law.

The Website requires You to provide certain personal and financial information in order to operate in a smooth and efficient manner, as well as for the purposes of maintaining records, enhancing promotion strategies, enabling targeted advertisements, complying with statutory obligations and/or assisting with the integration of third party applications, links or software that NS deems intrinsic to the functioning of the Website. NS may collect any information resulting from Your access and/or use of the Website for the purpose of innovating and developing new promotional campaigns, evaluating efficiency, comfort or otherwise of the Website, or for any other reasonable purpose. You understand and agree that the collection, storage, archiving, use or analysis of such information shall be governed by the Privacy Policy. The Privacy Policy can be accessed here.

The User is advised to check the description of the options displayed to the User before making a booking. If the User intends to make a booking on behalf of another person, it shall be the responsibility of the User to inform such person about these Terms, including all rules and restrictions applicable thereto.

The User undertakes to abide by all procedures and guidelines as modified from time to time in connection with the services available on the Website. The User further undertakes to comply with all applicable laws, regulations, orders, directions, etc. issued by the Central Government, State Government, District Authorities or any other statutory body empowered to do so with respect to the services offered on the Website.

NS or the Website may utilise third-party services or contract with third-parties for the smooth and efficient functioning of the Website, to augment the provision of the aforementioned services to Users, to provide back-end or support services for the services offered by the Website, to develop additional services in collaboration with any third-party to expand the portfolio of the Website, or to provide additional opt-in features to enhance Your experience using the Website. Your continued use or opt-in for these services implies You agree and consent to complying with their terms of use and privacy policy, and the Website shall not be liable for any loss, injury or damage resulting from Your interaction with these services.

The Website may contain direct or indirect links to Travel Service Providers’ websites, Financial Service Providers’ websites, or to other affiliated apps and websites. You understand that these linked sites are not under Our control, and We are not responsible for the contents of such linked sites. These links have been provided to You only as a convenience and the inclusion of any such link does not imply endorsement by Us of such parties or any association with such sites or its operators.

All right, title and interest including all intellectual property rights in the Website and its contents, barring third party intellectual property, including without limitation, names, graphics, code, texts, logos, designs, images, formats, documents, video, links, graphics and all other materials published on the Website are the exclusive property of NS. NS makes no proprietary claim over any third-party names, trademarks and service marks which are the property of their respective owners. NS also asserts its copyright in the collective work consisting of the selection, coordination, arrangement, presentation, display and enhancement of the content available on the Website

You shall not directly or indirectly, copy, reproduce, modify, edit, amend, alter, vary, enhance, improve, upgrade, create derivative works, translate, adapt, abridge, delete, display, perform, publish, distribute, circulate, communicate to the public, disseminate, transmit, sell, rent, lease, lend, assign, license, sub-license, market, promote, circulate, exploit, digitally alter or manipulate the Website or any parts thereof in any manner, without the prior written permission of NS.

You shall further not use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tool, program, algorithm or methodology to access, acquire, copy or monitor the Website or any portion of the Website or for any other purpose. Further, You agree that You will not bypass any robot exclusion headers or other measures deployed by Us to prevent or restrict access to the Website. Further, You shall not collect or harvest any personally identifiable information, including account names, from the Website, nor shall You use any communication systems provided on the Website for any commercial or solicitation purposes, or solicit for commercial purposes any other Users of the Website.

NS may, in its sole discretion, and by notifying You, add, remove or change the features and services offered or the fees charged at any time. Once notified of any change in the fees, or introduction of a new fee, for services provided on the Website, or change in rate of taxes or imposition of new taxes, levies or duties by the government, You agree to pay all fees, statutory levies and charges specified and all applicable taxes for Your continued use of the applicable service.

Should You opt to make a booking through the Website, You consent to making the payment through NS’ authorised payment gateway, which may be operated by a third party service provider, and Your use of such payment gateway shall be governed by the terms of use and privacy policy of such third party service provider. You further agree to any processing or other charges levied by the payment gateway for processing the purchase transaction. NS shall not be liable for any amounts due from You to the payment gateway. Further, in case of any refunds being made by a Travel Service Provider or Financial Service Provider, NS shall not be liable to refund any fees charge by NS and/or the processing fee levied by the payment gateway. Further, the User agrees that if the User makes any payment against any booking through any mode other than NS’ authorised payment gateway, NS shall not be held liable for the same. The User shall not hold any right to recover from NS any amount which is transferred by the User to any third party.

In case of short charging of the booking amount, taxes, statutory fee, convenience fee (if applicable), etc. owing to any technical error or other reason, NS shall reserve the right to deduct, charge or claim the balance amount from the User and the User shall pay such balance amount to NS. In cases where the short charge is claimed prior to the utilisation of the booking, NS will be at liberty to cancel such booking if the amount is not paid before the utilisation date.

NS shall endeavour to provide a smooth payment process as is reasonably foreseeable. However, in case of glitches, unstable network connections, server latency, or any other factor that may impede a purchase transaction, before, during or after the processing of a purchase transaction, NS shall not be liable for any loss, damage, duplicate charge or any other additional amount resulting from such errors.

The User accepts that NS plays no role in the purchase transaction for either Paid Tickets or Awards Tickets, and merely acts as an intermediary and facilitator by directing the User to the relevant link or gateway. Accordingly, NS shall not perform any role in initiating or processing refunds or cancellations, and the User shall have the sole responsibility to initiate a refund or cancellation request on the relevant Travel Service Provider’s or Financial Service Provider’s website, and the processing of the refund or cancellation request shall be solely overseen by the relevant Travel Service Provider or Financial Service Provider in consonance with their respective refund and cancellation policy. NS shall in no way be liable to the User for any damage, consequence, loss or harm caused by any inability, delay, unforeseen circumstance or other instance that prevents the User from initiating a refund or cancellation.

You agree that Your use of the Website shall be at Your sole risk. To the fullest extent permitted by law, We disclaim all warranties, express or implied, in connection with the services and Your use thereof.

We represent and warrant that the products, services and information on the Website are provided “as is" and NS and its officers, directors, employees, and agents make no and hereby disclaim any express or implied warranties, including, but not limited to, the implied warranties of performance, accuracy, non-infringement and fitness for a particular purpose. In no event shall NS be liable to You, for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of the Website.

We make no representations or guarantees and disclaim that the Website will be free from loss, destruction, damage, hacking or security intrusion, corruption, attack, any interruption or cessation of transmission to or from Our services, any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Website by any third party, and/or any errors or omissions in any information or for any loss or damage of any kind incurred as a result of the use of any information posted, emailed, transmitted, or otherwise made available via the Website.

NS shall in no event be responsible to, or liable to, You or any third party, whether in contract, warranty, tort (including negligence) or otherwise, for any damages, including but not limited to, damages for any loss of profit, revenue or business, as a direct or indirect result of: (i) Your breach or violation of these Terms; (ii) Your access and use of NS’ services; (iii) Your delay in accessing or inability to access or use the Website or NS’ services for any reason; (iv) Your downloading of any of the content available on the Website for Your use; (v) Your reliance upon or use of the information or content available on the Website or otherwise provided to You by NS; or (vi) any information, software, products or services obtained through the Website or otherwise arising out of the use of NS’ services, whether resulting in whole or in part, from breach of contract, tortious behaviour, negligence, strict liability or otherwise, even if NS and/or its third-party service providers have been advised of the possibility of damages.

To the maximum extent permitted by applicable law, in no event shall NS be liable for any direct, indirect, incidental, punitive, special or consequential damages, for loss of profits or confidential or other information, for business interruption, for personal injury, for loss of privacy, for failure to meet any duty including of good faith or of reasonable care, for negligence, and for any other pecuniary or other loss whatsoever arising out of or in any way related to Acts of God or an act of a third party that is beyond Our control.

NS’ liability and the liability of its affiliates, directors, officers, employees, independent contractors, shareholders, representatives and agents arising out of these Terms shall not exceed the amount paid by You to Us for any services rendered by Us.

NS has no responsibility whatsoever for any arrangements You may make with any third party as a result of Your use of the Website, including any Travel Service Provider or Financial Service Provider. If You encounter any problems with any booking You make or attempt to make through the Website, You acknowledge that You should resolve the issue with the relevant Travel Service Provider or Financial Service Provider and that Your sole remedy in such circumstances, including any refund, lies with the relevant service provider and not NS.

NS shall in no way be liable for any advertising material displayed on the Website and belonging to a third party. Each individual advertiser is solely responsible for the content of its advertising material and NS accepts no responsibility for the content of advertising material, including without limitation any errors, omissions or inaccuracies.

You specifically acknowledge that NS shall not be liable for any user generated content or defamatory, offensive or illegal conduct of any third party, and that the risk of harm or damage from such user generated content and third party conduct rests entirely with You.

We reserve the right to update, revise, supplement, and otherwise modify these Terms and to impose new or additional rules, policies, terms, or conditions on Your use of the Website, at any time, without notice to You. Any material updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions will be posted on the Website and will be effective immediately after such posting and thereafter automatically incorporated into these Terms. You hereby agree to be bound by all such additional terms and Your continuous use of the website shall be deemed to be the acceptance of such terms.

NS’ employees or authorised representatives will never contact You asking for Your credit or debit card details, net banking credentials, passwords, OTP or other personal or financial data nor will they instruct You to perform a fund transfer to a personal or an individual bank account. Further, they will not ask You to install any third-party applications that enable them to view Your mobile or computer screen. You are hereby informed that any such requests made to You by an individual is not authorised by NS and therefore You are required to desist from communicating with such individual as well as desist from acting on any of these requests or making any transfer of funds to such bank accounts. You are further required to report the same immediately to NS for further action by NS.

You hereby agree to defend, indemnify and hold harmless NS and Our officers, directors, shareholders, employees, independent contractors, agents, representatives and affiliates from and against all claims, damages, obligations, losses, liabilities, costs, debts and expenses, including but not limited to, reasonable attorneys’ fees, arising out of or attributable to: (i) any breach or violation of these Terms; (ii) Your failure to provide accurate, complete and current information requested or required by Us; (iii) Your access or use of the Website or any other services provided by NS; (iv) Your transmissions, submissions or postings; or (v) any personal injury or property damage cause by You.

These Terms shall be governed, interpreted and construed in accordance with the laws in force in India and is subject to the exclusive jurisdiction of the courts at New Delhi.

Any and all disputes under these Terms shall be referred to a sole Arbitrator, who shall be mutually appointed by the parties. However, if the parties are unable to mutually appoint an arbitrator, such arbitrator shall be appointed by the competent court in New Delhi having appropriate jurisdiction as per the Arbitration and Conciliation Act, 1996 (as amended from time to time) (“Arbitration Act”). The venue of the arbitration shall be New Delhi. The proceedings of the arbitration shall be in English. The parties hereby agree that the arbitrator’s award shall be binding on the parties. All costs of such arbitration shall be borne equally between the parties.

If any provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other provision and such invalid provision shall be deemed to be severed from these Terms.

You acknowledge that You have read and understood these Terms and You, out of Your free will, unconditionally accept to be bound by the same. These Terms are personal to You. You shall not be entitled to assign these Terms in whole or in part to any third party without Our prior written consent.

These Terms represent the entire agreement between Us and You and supersede and replace all and any previous terms, conditions, agreements and arrangements in respect of Your use of the Website. Any failure by Us to enforce any of these Terms shall not be a waiver of them or limit the right to subsequently enforce any of these Terms.

A person who is not a party to these Terms shall have no right to enforce any provisions of these Terms.

All communications made between Us and You shall be made through displays on the Website, and it shall be Your duty to avail yourself to such communications made through the Website. You agree that all postings, notices, disclosures, or other communications that We provide to You electronically shall satisfy any legal requirements that such communications be in writing.

Any complaints or concerns with respect to the use of the Website may be addressed to the Grievance Officer, Umang Poddar, who can be contacted via email at umang@pneuma.club. Alternatively, You can write to Us at hello@pneuma.club marked for the attention of CEO.