Terms and conditions
These terms and conditions, as may be amended from time to time, apply to all our services directly or indirectly (through Business Associates) made available online, through any mobile device, by email or by telephone. By accessing, browsing and using our (mobile) website or any of our applications through whatever platform (hereafter collectively referred to as the "website") and/or by completing a reservation, you acknowledge and agree to have read, understood and agreed to the terms and conditions set out below (including the Privacy Statement).
These pages, the content and infrastructure of these pages, and the online reservation service provided on these pages and through the website are owned, operated and provided by Trazikas Solutions Private Limited and are provided for your personal, non-commercial use only, subject to the terms and conditions set out below.
"TheMarkati.com", "CURRENT WEB SITE" [Business Associate web sites], "us", "we" or "our" means Trazikas Solutions Private Limited company incorporated under the laws of the India, and having its registered address at Guindy Industrial Estate, Plot Nos.33-B, South Phase, Olympia Platina, 9th Floor, Guindy, Tamil Nadu 600032.
"Platform" means the (mobile) website and app on which the Service is made available owned, controlled, managed, maintained and/or hosted by Trazikas.
"Service" means the online reservation service (including the facilitation of payments) of various products and services as from time to time made available by Business Associates on the Platform.
"Business Associates" means the service provider of Clinic, Doctor, Insurances, and any other health or non-health related product or service as from time to time available for reservation on the Platform.
1. Scope of our Service
Through the Platform, we (Trazikas Solutions Private Limited and its affiliate (Business Associates)) provide an online platform through advertises their services for reservation (ie. On-line booking appointment) , and through which customers of the Platform can make such reservations (i.e. Booking Appointment). By making a reservation through Themarkati.com / association web sites, you enter into a direct (legally binding) contractual relationship with the Business Associates with which you make a reservation or purchase a product or service (as applicable). From the point at which you make your reservation, we act solely as an intermediary between you and the Business Associates, transmitting the details of your reservation to the relevant Business Associates and sending you a confirmation email for and on behalf of the Business associates.
When rendering our Service, the information that we disclose is based on the information provided to us by Business Associates. As such, the Business Associates are given access to an internet through which they are fully responsible for updating all rates, availability and other information which is displayed on our Platform. Although we will use reasonable skill and care in performing our Service, we will not verify if, and cannot guarantee that, all information is accurate, complete or correct, nor can we be held responsible for any errors (including manifest and typographical errors), any interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade or maintenance of our Platform or otherwise), inaccurate, misleading or untrue information or non-delivery of information. Each Business Associates remains responsible at all times for the accuracy, completeness and correctness of the (descriptive) information (including the rates and availability) displayed on our Platform. Our Platform does not constitute and should not be regarded as a recommendation or endorsement of the quality, service level, qualification or (star) rating of any Business Associate (or its facilities, venue, products or services) made available.
Our Service is made available for personal and non-commercial use only. Therefore, you are not allowed to re-sell, deep-link, use, copy, monitor (e.g. spider, scrape), display, download or reproduce any content or information, software, reservations, tickets, products or services available on our Platform for any commercial or competitive activity or purpose.
2. Prices, crossed-out rates and Best Price Guarantee
The prices on our Platform are highly competitive. All prices are displayed including VAT/sales tax and all other taxes (subject to change of such taxes), unless stated differently on our Platform or the confirmation SMS / email. Booking Appointments prices are per person or group and subject to validity as indicated on the Pay Receipt, if applicable. Applicable fees and taxes may be charged by the Business Associate in the event of a no-show or cancellation fee. Applicable taxes may be charged by the booking Appointment in the event of a no-show or cancellation fee.
Obvious errors and mistakes (including misprints) are not binding.
All special offers and promotions are marked as such.
3. Privacy and cookies
"TheMarkati.com", “CURRENT WEB SITE”[ Business Associate web sites ], respects your privacy. Please have a look at our privacy and cookies policy for further information.
4. Fee of charge
Our service is not fully free of charge, unlike many other parties, we will charge you for our Service or add any additional (reservation) fees to the rate.
If Business Associates pay a commission (being a small percentage of the service price (e.g. Consulting Fee)) to Themarkati.com after the end user has consummated the service or product of the Business Associate, then our service is free of charge, unlike many other parties, we will not charge you for our Service or add any additional (reservation) fees to the rate.
5. Credit card or bank transfer
If applicable and available, certain Business Associate offers the opportunity for reservation (ie. On-line booking appointments) to be paid (wholly or partly and as required under the payment policy of the accommodation) to the Business Associate during the reservation process by means of secure online payment (all to the extent offered and supported by your bank). For certain products and services, Themarkati.com / Business Associate web sites facilitates (through third party payment processors) the payment of the relevant product or service (i.e. the payment facilitation service) for and on behalf of the Business Associate (Themarkati.com never acts nor operates as the merchant of record). Payment is safely processed from your credit/debit card or bank account to the bank account of the associates/professionals provider through a third party payment processor. Any payment facilitated by us for and on behalf of, and transferred to the Associates will in each case constitute a payment of (part of) the booking price by you of the relevant product or service in final settlement (bevrijdende betaling) of such (partial) due and payable price and you cannot reclaim such paid monies.
For certain (non-refundable) rates or special offers, please note that Associates may require that payment is made upfront by wire transfer (if available) or by credit card, and therefore your credit card may be pre-authorized or charged (sometimes without any option for refund) upon making the reservation. Please check the (reservation) details of your product or service of choice thoroughly for any such conditions prior to making your reservation. You will not hold Themarkati.com liable or responsible for any (authorized, (allegedly) unauthorized or wrong) charge by the Business Associate and not (re)claim any amount for any valid or authorized charge by the Business Associate (including for pre-paid rates, no-show and chargeable cancellation) of your credit card.
In the event of credit card fraud or unauthorized use of your credit card by third parties, most banks and credit card companies bear the risk and cover all the charges resulting from such fraud or misuse, which may sometimes be subject to a deductible. In the event that your Credit Card Company or bank charges the deductible from you because of unauthorized transactions resulting from a reservation made on our Platform, we will pay you this deductible, up to an aggregate amount of INR 5000 (or the equivalent in your local currency). In order to indemnify you, please make sure that you report this fraud to your credit card provider (in accordance with its reporting rules and procedures) and contact us immediately by email (TrazikasCare@trazikas.com). Please state 'credit card fraud' in the subject line of your email and provide us with evidence of the charged deductible (e.g. policy of the credit card company). This indemnification only applies to credit card reservations made using Themarkati.com / Business Associates web sites secure server and the unauthorized use of your credit card resulted through our default or negligence and through no fault of your own while using the secure server.
6. Pre-payment, cancellation, no-show
By making a reservation with a Business Associate, you accept and agree to the relevant cancellation and no-show policy of that Business Associate, and to any additional terms and conditions of the Business Associate that may apply. The general cancellation and no-show policy of each Business Associate is made available on our Platform on the Associates information pages, during the reservation procedure and in the confirmation email or SMS(if applicable). Please note that certain rates or special offers are not eligible for cancellation or change. Business Associates may still be charged by the Business Associate in the event of a no-show or charged cancellation. Please check the (reservation) details of your product or service of choice thoroughly for any such conditions prior to making your reservation. Cancellation and prepayment policies may vary according to Services. Please carefully read the fine print (below the email at the bottom of each Email confirmation) and important information in your reservation confirmation for additional policies as may be applied by the Business Associate.
We recommend that you read the cancellation, (pre)payment and no-show policy of the Business Associate/proffesional carefully prior to making your reservation and remember to make further payments on time as may be required for the relevant reservation.
If you have a late or delayed arrival on the check-in date or only arrive the next day, make sure to (timely/promptly) communicate this with the Business Associates so they know when to expect you to avoid cancellation of your reservation or to update no-show. Our customer service department can help you if needed with informing the Business Associates. TheMarkati product does not accept any liability or responsibility for the consequences of your delayed arrival or any cancellation or charged no-show fee by the Business Associate.
7. (Further) correspondence and communication
By completing an appointment, you agree to receive (i) an email which we may send you shortly prior to your booking appointment details, and providing you with certain information and offers (including third party offers to the extent that you have actively opted in for this information) relevant to your booking appointment details, and (ii) an email which we may send to you promptly after your appointment Completing, inviting you to complete our guest review form. Please see our privacy and cookies policy for more information about how we may contact you.
TheMarkati.com or the Business Associate web site disclaims any liability or responsibility for any communication with the Business Associate on or through its platform. You cannot derive any rights from any request to, or communication with the Business Associate or (any form of) acknowledgement of receipt of any communication or request. Trazikas cannot guarantee that any request or communication will be (duly and timely) received/read by, complied with, executed or accepted by the Business Associate.
In order to duly complete your appointment, you need to use your correct email address and Phone Number. We are not responsible or liable for (and have no obligation to verify) any wrong or misspelled email address or inaccurate or wrong (mobile) phone number or credit card number.
Any claim or complaint against TheMarkati.com or in respect of the Business Associate Sites must be promptly submitted, but in any event within 30 days after the scheduled day of consummation of the product or service (e.g. Appointment booked date). Any claim or complaint that is submitted after the 30 days period, may be rejected and the claimant shall forfeit its right to any (damage or cost) compensation.
Due to the continuous update and adjustments of rates and availability, we strongly suggest to make screenshots when making a appointment to support your position (if needed).
We may send communications to you on your mobile telephone by SMS or text message. Message and data rates from your mobile telephone service provider may apply and are subject to the terms and conditions imposed by your provider.
8. Ranking, preferred program, stars and guest reviews
The default setting of the ranking of Business Associates on our Platform is 'Recommended' (or any similar wording) (the "Default Ranking"). For your convenience, we also offer other ways to rank Partner. Please note that the Default Ranking is created through a fully automatic ranking system (algorithm) and based on multiple criteria, which include not only the popularity of a Business Associate among our customers, but also customer service history and certain booking-related data (number of bookings, cancellations, conversion rate, etc). On-time payment of commission by a Business Associate and the commission percentage are also included in the algorithm; however, they are two of the several (but definitely not leading) factors in the Default Ranking.
In certain cities and regions, Trazikas operates a preferred partnership program, allowing certain Business Associate that meet and maintain the preferred program terms to be listed ahead of the rest of the Business Associate in the default “Recommended” ranking for the relevant city/region. The preferred Business Associate is marked with a “thumbs-up” symbol and in return for this high ranking, the preferred Business Associate pays a higher commission. Only Business Associate that meet and maintain certain qualification criteria can be listed as preferred.
The completed guest review may be (a) uploaded onto the relevant Business Associate information page on our Platform for the sole purpose of informing (future) customers of your opinion of the service (level) and quality of the Business Associate, and (b) (wholly or partly) used and placed by Themarkati / Business Associate sites at its sole discretion (e.g. for marketing, promotion or improvement of our service) on our Platform or such social media platforms, newsletters, special promotions, apps or other channels owned, hosted, used or controlled by TheMarkati.com and our Business Associate. We reserve the right to adjust, refuse or remove reviews at our sole discretion. The guest review form should be regarded as a survey and does not include any (further commercial) offers, invitations or incentives whatsoever.
Subject to the limitations set out in these terms and conditions and to the extent permitted by law, we shall only be liable for direct damages actually suffered, paid or incurred by you due to an attributable shortcoming of our obligations in respect to our services, up to an aggregate amount of the aggregate cost of your reservation as set out in the confirmation email (whether for one event or series of connected events).
However and to the extent permitted by law, neither we nor any of our officers, directors, employees, representatives, business associate,subsidiaries, affiliated companies, distributors, affiliate (distribution) partners, licensees, agents or others involved in creating, sponsoring, promoting, or otherwise making available the site and its contents shall be liable for (i) any punitive, special, indirect or consequential loss or damages, any loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim, (ii) any inaccuracy relating to the (descriptive) information (including rates, availability and ratings) of the Business Associate as made available on our Platform, (iii) the services rendered or the products offered by the Business Associate or other business partners, (iv) any (direct, indirect, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, pursuant to, arising out of or in connection with the use, inability to use or delay of our Platform, or (v) any (personal) injury, death, property damage, or other (direct, indirect, special, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, whether due to (legal) acts, errors, breaches, (gross) negligence, willful misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or (wholly or partly) attributable to the Business Associate or any of our other business partners (including any of their employees, directors, officers, agents, representatives or affiliated companies) whose products or service are (directly or indirectly) made available, offered or promoted on or through the Platform, including any (partial) cancellation, overbooking, strike, force majeure or any other event beyond our control.
By uploading photos/images onto our system (for instance in addition to a review) you certify, warrant and agree that you own the copyright to the photos/images and that you agree that Trazikas may use the uploaded photos/images on its (mobile) website and app, and in (online/offline) promotional materials and publications and as Trazikas at its discretion sees fit. You are granting Themarkati.com or Business Associate web sites are non-exclusive, worldwide, irrevocable, unconditional, perpetual right and license to use, reproduce, display, have reproduced, distribute, sublicense, communicate and make available the photos/images as Trazikas at its discretion sees fit. By uploading these photos/images the person uploading the picture(s) accepts full legal and moral responsibility of any and all legal claims that are made by any third parties (including, but not limited to, business associates/professional) due to Trazikas publishing and using these photos/images. Trazikas does not own or endorse the photos/images that are uploaded. The truthfulness, validity and right to use of all photos/images is assumed by the person who uploaded the photo, and is not the responsibility of Trazikas. Trazikas disclaims all responsibility and liability for the pictures posted. The person who uploaded the photo warrants that the photos/images shall not contain any viruses, Trojan horses or infected files and shall not contain any pornographic, illegal, obscene, insulting, objectionable or inappropriate material and does not infringe any third party (intellectual property right, copyright or privacy) rights. Any photo/image that does not meet the aforesaid criteria will not be posted and/or can be removed/deleted by Trazikas at any time and without prior notice.
10. Intellectual property rights
Unless stated otherwise, the software required for our services or available at or used by our Platform and the intellectual property rights (including the copyrights) of the contents and information of and material on our Platform are owned by Trazikas Solutions Private Limited.
Trazikas Solutions Private Limited exclusively retains ownership of all rights, title and interest in and to (all intellectual property rights of) (the look and feel (including infrastructure) of) the Platform on which the service is made available (including the guest reviews and translated content) and you are not entitled to copy, scrape, (hyper-/deep)link to, publish, promote, market, integrate, utilize, combine or otherwise use the content (including any translations thereof and the guest reviews) or our brand without our express written permission. To the extent that you would (wholly or partly) use or combine our (translated) content (including guest reviews) or would otherwise own any intellectual property rights in the Platform or any (translated) content or guest reviews, you hereby assign, transfer and set over all such intellectual property rights to Trazikas Solutions Private Limited. Any unlawful use or any of the aforementioned actions or behaviour will constitute a material infringement of our intellectual property rights (including copyright and database right).
This Agreement shall be construed, monitored, and governed in accordance with the laws of India. Only the Courts of Chennai shall have exclusive jurisdiction in this regard.
If any provision of these terms and conditions is or becomes invalid, unenforceable or non-binding, you shall remain bound by all other provisions hereof. In such event, such invalid provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and you will at least agree to accept a similar effect as the invalid, unenforceable or non-binding provision, given the contents and purpose of these terms and conditions.
12. About TheMarkati.com and the support companies
The online reservation/booking appointment service is rendered by Trazikas Solutions Private Limited., which is a Private Limited company, incorporated under the laws of the India and having its offices at Guindy Industrial Estate, Plot Nos.33-B, South Phase, Olympia Platina, 9th Floor, Guindy, Tamil Nadu 600032.
Trazikas Solutions Private Limited has its headquarters in Chennai, the India and is supported by various affiliated group companies (the "support companies") throughout the world. The support companies only provide an internal supporting role to and for the benefit of Trazikas Solutions Private Limited. Certain designated support companies render limited customer care support services (only by telephone). The support companies do not have any Platform (and do not in any way control, manage, maintain or host the Platform). The support companies do not have any power or authority to render the service, to represent Trazikas Solutions Private Limited or to enter into any contract in the name of, for or on behalf of Trazikas Solutions Private Limited. You do not have a (legal or contractual) relationship with the support companies. The support companies do not operate and are not authorized to act as any form of process or service agent of Trazikas Solutions Private Limited. Trazikas Solutions Private Limited com does not accept nor assume any domicile at any place, location or office in the world (also not at the office of its support companies), other than its registered office in Chennai.