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PRIVACY POLICY
Thank you for visiting Indian Holiday network of websites !
Indian Holiday
Pvt. Ltd deeply respects as well as zealously safeguards your
privacy. Our standardized privacy policy ensures that all personally
identifiable information (any information, such as name, address, and
telephone number that may identify you) that you leave on our network of
websites are secure with us.
You may also browse our site network without
leaving any personal information. Although we do track the Internet
address of the people, who visit us, for the purpose of analyzing
statistics and understanding trends this does not include any personally
identifiable information. So you may browse our site network remaining
completely anonymous.
Indian Holiday
Pvt. Ltd. will not sell, trade or disclose to third parties any
information derived from the registration for, or use of, any online
service (including names and addresses) without the consent of the user
or customer (except as required by subpoena, search warrant, or other
legal process or in the case of imminent physical harm to the user or
others).
Some information (such as, your name, travel date
etc) are shared with our suppliers (such as, hotels, transporters etc)
for purposes of confirming your registration and providing the service
you require.
We at Indian
Holiday Pvt. Ltd. condemn unauthorized access and improper use or
disclosure of your personal information and have strict policy guidelines
and technology with security features to prevent the same.
In case of any alteration / amendment in our
privacy policy, the same would be posted here along with new dates to be
effective from.
Should you require any further info on Privacy
Policy of Indian Holiday Pvt. Ltd., please send us an email
info@indianholiday.com with 'Privacy Policy' in the subject field. Indian
Holiday Pvt. Ltd. will try to respond to all reasonable concerns or
inquiries within five business days of receipt.
USER AGREEMENT
ACCEPTANCE OF
TERMS
1.1 Indian Holiday
Pvt. Ltd. website ("Website") is an internet based travel
portal owned and operated by Indian Holiday Pvt. Ltd. a destination
management company incorporated under the laws of India, with its registered offices at Delhi and Bangalore
INDIAN HOLIDAY
PVT. LTD. 70 Lower Ground Floor, World Trade Centre, Barakhamba Lane, New Delhi - 110001. Bangalore
Office G - 23-24, Brigade Gardens, 19 - Church Street, Bangalore
- 560001 (India)
1.2 Through the
Website, Indian Holiday Pvt. Ltd. shall
provide you ("User") travel-related information, pricing, and
reservations for hotels, holiday packages, airlines, car rentals across
India ("Services"), as more particularly described and defined
in the terms of service ("TOS") relating to such Services, as
set out in Annex 1; These Services may be availed by the User, his family
members, relatives and friends in India at any time during the year
through vendors ("Service Providers").
1.3 This User
Agreement ("Agreement") elaborates the terms and conditions on
which Indian Holiday Pvt. Ltd. shall
provide the Services to the User through its website networks. In
addition to this Agreement and depending on the Services opted for by the
User, the User shall be required to read and accept the relevant TOS for
such Service, which may be updated or modified from time to time by Indian Holiday Pvt. Ltd. Such TOS
shall be deemed to be a part of this Agreement and in the event of a
conflict between such TOS and this Agreement, the terms of this Agreement
shall prevail.
1.4 Transaction on
the Indian Holiday Websites network is offered to the User on condition
of acceptance without modification of all the terms, conditions and
notices contained in this Agreement and the TOS, as may be posted on the
Website from time to time. It is clarified that use of the Website (site
network) by the User constitutes an acknowledgement and acceptance by the
User of this Agreement and the TOS. In case of disagreement with terms,
conditions and notices or any part of the same, the User must not
transact on the Website.
1.5 Additionally,
the Service Provider may provide terms and guidelines that govern the service(s)
offer or a particular feature of the same or the operating rules and
policies applicable to each Service (for example: tour package, hotel
reservations, flights etc.). The User shall be responsible for ensuring
compliance with the terms and guidelines or operating rules and policies
of the Service Provider with whom the User elects to deal, including
terms and conditions set forth in a Service Providers' fare rules or
contract of carriage. In the event of conflict between part/whole of the
terms, conditions and notices contained in this Agreement (TOS) and the
additional/other terms and guidelines specified by the Service Provider
the latter terms/guidelines shall prevail.
1.6 Indian Holiday
Pvt. Ltd., at its sole discretion, Reserves The Right Not To Accept Any
Order Placed By The User Through The Website Without Assigning any Reason
Thereof. Any Contract To Provide Any Service By Indian Holiday Pvt. Ltd. is Not Complete Until Full Money
Towards The Service Is Received From The User and Accepted by Indian Holiday Pvt. Ltd.
MODIFICATION OF
TERMS
1.7 Indian Holiday Pvt. Ltd. reserves
the right to change the terms, conditions and notices under which the
Services are offered through the Website, including but not limited to
the charges for the Services provided through the Website. The User shall
be responsible for regularly reviewing these terms and conditions.
PRIVACY POLICY
1.8 The User
hereby consents, expresses and agrees that he has read and fully
understands the Privacy Policy of Indian
Holiday Pvt. Ltd. in respect of the Website, as set out in Annex 2
The User further consents that the terms and contents of such Privacy
Policy are acceptable to him.
LIMITED USER
1.9 The User
agrees and undertakes not to sell, trade or resell or exploit for any
commercial purposes, any portion of the Service. For the removal of
doubt, it is clarified that the Website is not for commercial use but is
specifically meant for personal use only.
1.10 The User
further agrees and undertakes not to reverse-engineer, modify, copy,
distribute, transmit, display, perform, reproduce, publish, license,
create derivative works from, transfer, or sell any information,
software, products or services obtained from the Website. Limited
reproduction and copying of the content of the Website is permitted
provided that the name of Indian Holiday Pvt. Ltd is stated as the
source. For the removal of doubt, it is clarified that unlimited or
wholesale reproduction, copying of the content for commercial or
non-commercial purposes and unwarranted modification of data and
information within the content of the Website is not permitted.
1.11 SINCE Indian Holiday Pvt. Ltd. ACTS
ONLY AS A BOOKING AGENT, IT SHALL NOT HAVE ANY LIABILITY WHATSOEVER FOR
ANY ASPECT OF THE ARRANGEMENTS BETWEEN THE SERVICE PROVIDER AND THE USER
AS REGARDS THE STANDARDS OF SERVICES PROVIDED BY THE SERVICE PROVIDERS.
IN NO CIRCUMSTANCES SHALL Indian
Holiday Pvt. Ltd. BE LIABLE FOR THE SERVICES PROVIDED BY THE SERVICE
PROVIDER.
1.12 ALTHOUGH Indian Holiday Pvt. Ltd. MAKES
REASONABLE COMMERCIAL EFFORTS TO ENSURE THAT THE DESCRIPTION AND CONTENT
IN THE TOS AND ON EACH PAGE OF THE WEBSITE 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. ALSO, Indian Holiday Pvt. Ltd. IS NOT THE SERVICE PROVIDER AND
CANNOT THEREFORE CONTROL OR PREVENT CHANGES IN THE PUBLISHED DESCRIPTIONS
WHICH ARE BASED UPON INFORMATION PROVIDED BY THE SERVICE PROVIDERS.
1.13 Indian Holiday Pvt. Ltd. DOES
NOT, BY OFFERING 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.
1.14 IN NO EVENT
SHALL Indian Holiday Pvt. Ltd. BE
LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL,
CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES RESULTING FROM: (A) THE USE OR
THE INABILITY TO USE THE SERVICES; (B) THE COST OF PROCUREMENT OF
SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS, INFORMATION OR
SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS
ENTERED INTO THROUGH THE SERVICES; (C) UNAUTHORIZED ACCESS TO OR
ALTERATION OF THE USER'S TRANSMISSIONS OR DATA; (D) ANY OTHER MATTER
RELATING TO THE SERVICES; INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS
OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE
USE OR PERFORMANCE OF THE WEBSITE.
NEITHER SHALL Indian
Holiday Pvt. Ltd. BE RESPONSIBLE FOR THE DELAY OR INABILITY TO USE
THE WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE
SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT
OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE,
STRICT LIABILITY OR OTHERWISE. FURTHER, Indian Holiday Pvt. Ltd. SHALL NOT BE HELD RESPONSIBLE FOR
NON-AVAILABILITY OF THE WEBSITE DURING PERIODIC MAINTENANCE OPERATIONS OR
ANY UNPLANNED SUSPENSION OF ACCESS TO THE WEBSITE THAT MAY OCCUR DUE TO
TECHNICAL REASONS OR FOR ANY REASON BEYOND CONTROL OF Indian Holiday Pvt. Ltd. THE USER
UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR
OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE ENTIRELY AT THEIR OWN
DISCRETION AND RISK AND THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO
THEIR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF
SUCH MATERIAL AND/OR DATA.
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 Indian Holiday Pvt. Ltd. ARISING
UNDER ANY CIRCUMSTANCES, IN RESPECT OF ANY SERVICES OFFERED ON THE SITE,
SHALL BE LIMITED TO THE REFUND OF TOTAL AMOUNT RECEIVED FROM THE CUSTOMER
FOR AVAILING THE SERVICES LESS ANY CANCELLATION, REFUND OR OTHERS
CHARGES, AS MAY BE APPLICABLE. IN NO CASE THE LIABILITY SHALL INCLUDE ANY
CONSEQUENTIAL LOSS, DAMAGE OR ADDITIONAL EXPENSE WHATSOEVER.
USE OF
COMMUNICATION SERVICES
1.15 The Website
may contain services such as email, chat, bulletin board services,
information related to various tourist spots, news groups, forums,
communities, personal web pages, calendars, and/or other message
(hereinafter collectively referred to as "Communication
Services"). The User agrees and undertakes to use the Communication
Services only to post, send and receive messages and material that are
proper and related to the particular Communication Service. By way of
example, and not as a limitation, the User agrees and undertakes that
when using a Communication Service, the User will not:
(a) defame, abuse, harass, stalk, threaten or
otherwise violate the legal rights of others;
(b) publish, post, upload, distribute or
disseminate any inappropriate, profane, defamatory, infringing, obscene,
indecent or unlawful topic, name, material or information;
(c) upload files that contain software or other
material protected by intellectual property laws unless the User owns or
controls the rights thereto or have received all necessary consents;
(d) upload or distribute files that contain
viruses, corrupted files, or any other similar software or programs that
may damage the operation of the Website or another's computer;
(e) advertise or offer to sell or buy any goods or
services for any business purpose, unless such Communication Service
specifically allows such messages;
(f) conduct or forward surveys, contests, pyramid
schemes or chain letters;
(g) download any file posted by another user of a
Communication Service that the User know, or reasonably should know,
cannot be legally distributed in such manner;
(h) falsify or delete any author attributions,
legal or other proper notices or proprietary designations or labels of
the origin or source of software or other material contained in a file
that is uploaded;
(i) violate any code of
conduct or other guidelines, which may be applicable for or to any
particular Communication Service;
(j) violate any applicable laws or regulations for
the time being in force in or outside India; and
(k) violate any of the
terms and conditions of this Agreement or any other terms and conditions
for the use of the Website contained elsewhere herein.
1.16 Indian Holiday Pvt. Ltd. has no
obligation to monitor the Communication Services. However, Indian Holiday Pvt. Ltd. reserves
the right to review materials posted through Communication Service and to
remove any materials in its sole discretion. Indian Holiday Pvt. Ltd. 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.
FEES PAYMENT
1.17 Indian Holiday Pvt. Ltd. Reserves
the right to charge listing fees for certain listings, as well as
transaction fees based on certain completed transactions using the Indian Holiday Pvt. Ltd. Services.
Indian Holiday Pvt. Ltd. further
reserves the right to alter any and all fees from time to time, without
notice.
The User shall be liable to pay all applicable
charges, fees, duties, taxes, levies and assessments for availing the Indian Holiday Pvt. Ltd. Services.
1.18 Registration
of the User on the Website is optional. If the User opts to register
himself on the Website, 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.
1.19 User is
responsible for the security of his password and for all transactions
undertaken using the same through our service. The Password entered by
the user is transmitted in one-way encrypted form to our database and
stored as such. Thus the Password will not be known even to Indian Holiday Pvt. Ltd. User
confirms that he is the authorized holder of the credit card or the
original account used in the transactions on the Indian Holiday Pvt. Ltd. websites. Indian Holiday Pvt. Ltd. will not be responsible for any
financial loss, inconvenience or mental agony resulting from misuse of
your ID/password/credit card number/account details number for using Indian Holiday Pvt. Ltd. Services.
1.20 THE USER ALSO
AGREES AND UNDERTAKES TO IMMEDIATELY NOTIFY Indian Holiday Pvt. Ltd. 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 WEBSITE. Indian
Holiday Pvt. Ltd. SHALL NOT BE RESPONSIBLE FOR ANY, DIRECT OR
INDIRECT, LOSS OR DAMAGE ARISING OUT OF THE USER'S FAILURE TO COMPLY WITH
THIS REQUIREMENT.
1.21 The User also
agrees to:
(a) provide true, accurate and complete
information about himself and his beneficiaries as prompted by the
registration form ("Registration Data") on the Website, 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 Indian
Holiday Pvt. Ltd. has reasonable grounds to suspect that such
information is untrue, inaccurate, not current or incomplete, Indian Holiday Pvt. Ltd. has the
right to suspend or terminate the User's registration and refuse any and
all current or future use of the Website and/or any Service.
USER'S
OBLIGATIONS AND USER ACCOUNT
1.22 In
consideration of use of the Website, 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 using the Website and/or receiving the Services under
the laws of India or other applicable law.
1.23 Indian Holiday Pvt. Ltd. MAY AT
ANY TIME IN ITS SOLE DISCRETION REINSTATES SUSPENDED USERS. ONCE THE USER
HAVE BEEN INDEFINITELY SUSPENDED THE USER MAY NOT REGISTER OR ATTEMPT TO
REGISTER WITH Indian Holiday Pvt.
Ltd. OR USE THE WEBSITE IN ANY MANNER WHATSOEVER UNTIL SUCH TIME THAT
THE USER IS REINSTATED BY Indian
Holiday Pvt. Ltd. NOTWITHSTANDING THE FOREGOING, IF THE USER BREACHES
THIS AGREEMENT, THE TOS OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, Indian Holiday Pvt. Ltd. RESERVES
THE RIGHT TO RECOVER ANY AMOUNTS DUE AND OWING BY THE USER TO Indian
Holiday Pvt. Ltd .AND/OR THE SERVICE PROVIDER AND TO TAKE STRICT LEGAL
ACTION AS Indian Holiday Pvt. Ltd.
DEEMS NECESSARY.
TERMINATION OF
AGREEMENT AND SERVICES
1.24 Either the
User or Indian Holiday Pvt. Ltd. may
terminate this Agreement and a Service with or without cause at any time
to be effective immediately
1.25 The User
agrees that Indian Holiday Pvt.
Ltd. may under certain circumstances and without prior notice,
immediately terminates the User's user id and access to the
Website/Services. Causes for termination may include, but shall not be
limited to, breach by the User of this Agreement or the TOS, requests by
enforcement or government agencies, requests by the User, non-payment of
fees owed by the User in connection with the Services as specified in the
applicable TOS.
1.26 This Agreement
may be terminated by either the User or Indian Holiday Pvt. Ltd. through a written notice to the
other. Indian Holiday Pvt. Ltd. shall
not be liable to the User or any third party for termination of any
Service. Should the User object to any terms and conditions of this
Agreement, any TOS or become dissatisfied with the Service in any way,
the User's only recourse is to, immediately:
a) discontinue use of the Website/Service; and
b) notify Indian Holiday Pvt. Ltd. of such
discontinuance.
1.27 Upon termination of the Service, User's right
to use the Website/Services and software shall immediately cease. The
User shall have no right and Indian
Holiday Pvt. Ltd. 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 or the
Services are terminated, cancelled or suspended, any data that the User
has stored on the Website may not be retrieved later
PAYMENT OPTIONS
1.28 Online Card Payments Visa, Master
and American express Card payments are processed through an online
payment gateway system. You need not worry about your credit card
information falling into the wrong hands because your bank will authorize
the credit card transaction directly without any information passing
through us. In approximately 25-30 seconds (depending on your Internet
connection) your bank will issue, using the online payment gateway, an
authorization code and confirmation of completion of transaction(s).
1.29 Security The payment gateway on
www.Indianholiday.org, as a Verisign Certified
interface provided HDFC Bank, uses the latest 128 bit encryption
technology and other sophisticated methods to protect your credit card
information. You can book your product using SSL encryption (the internet
standard for secure transactions). In fact, transacting online with a
credit card at the Website is even safer than using a credit card at a
restaurant because we do not retain your credit card information. You can
be assured that Indian Holiday
Pvt. Ltd. offers you the highest standards of security currently
available on the Internet so as to ensure that your transaction
experience is private, safe and secure.
1.30 Payment Declination If the
payment on the credit card is declined for some reason, alternate payment
instructions must be received by Indian
Holiday Pvt. Ltd. 72 hours prior to the time of departure; else, the
order is liable to be cancelled.
1.31 Password You are responsible for
the security of your password and for all transactions undertaken using
your password through our service. The Password entered by you is
transmitted in one- way encrypted form to our database and stored as
such. Thus the Password will not be known even to Indian Holiday Pvt. Ltd. You confirm that you are the
authorized holder of the credit card or the original account holder used
in the transactions you make using the Indian Holiday Pvt. Ltd. services. Indian Holiday Pvt. Ltd. will not be responsible for any
financial loss, inconvenience or mental agony resulting from misuse of
your ID/password/credit card number/account details number for using Indian Holiday Pvt. Ltd. Services.
1.32 Transaction confirmation You
should not take any action based on information on the Website until you
have received a confirmation of your transaction. In case of
confirmations to be received by email, if you do not receive a
confirmation of your purchase/transaction within the stipulated time
period, first look into your "spam" or "junk" folder
to verify that it has not been misdirected, and if still not found,
please contact Indian Holiday Pvt.
Ltd.
CLAUSES
1.33 INTERPRETATION OF NUMBER AND GENDERS
The terms and conditions herein shall apply equally to both the singular
and plural form of the terms defined. Whenever the context may require,
any pronoun shall include the corresponding masculine and feminine. The
words "include", "includes" and "including"
shall be deemed to be followed by the phrase "without
limitation". Unless the context otherwise requires, the terms
"herein", "hereof", "hereto",
"hereunder" and words of similar import refer to this Agreement
as a whole.
1.34 GOVERNING LAW THIS AGREEMENT AND
EACH TOS 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 NEW DELHI.
1.35 NOTICES
All notices and communications (including those
related to changes in the TOS, Service, termination of Service etc.,)
shall be in writing, in English and shall deemed given if delivered
personally or by commercial messenger or courier service, or mailed by
registered or certified mail (return receipt requested) or sent via
email/facsimile (with acknowledgment of complete transmission) to the
following address:
(a) If to Indian Holiday Pvt. Ltd, at notice@Indian Holiday
Pvt. Ltd. or at the address posted on the Website.
(b) If to a non-registered User, at the
communication and/or email address specified in the application form
availing of a Service by Indian
Holiday Pvt. Ltd.
(c) If to a registered User, at the communication
and/or email address specified in the registration form.
(d) Notice shall be deemed to have been served 48
hours after it has been sent, dispatched, displayed, as the case may be,
unless, where notice has been sent by email, it comes to the knowledge of
the sending party, that the email address is invalid.
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