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You give your acceptance to this binding contract between you, the User, and Holidaystair regarding the use of various services that are provided by Holidaystair .
1.1 Holidaystair ("Holidaystair "), a company incorporated under the relevant Indian laws, with its principal office at Register Office – 302 3rd Floor, Krishna Apra Plaza, Greater Noida, Uttar Pradesh (201308) , offers various travel related services through its Web site (www.Holidaystair.com).
1.2 Holidaystair shall provide you ("User") with all the travel-related information namely, pricing, availability and reservations for airlines, hotels, railway, Holiday packages, bus and car rentals across urban cities and rural areas throughout India ("Service"). This Service may be availed by the User in India at any time during the year as is offered by various third party vendors like airlines and its consolidators, hotels and its consolidators, etc. ("Service Providers").
1.3 This Master User Agreement (“Agreement”) is applicable to all the Services provided by Holidaystair . In addition to this Agreement and depending upon the Services opted for by the User, the User shall be required to read and accept the relevant terms and conditions of service (“TOS”) for each such Service, which may be updated or modified by Holidaystair from time-to- time. 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 Holidaystair Services are offered to the User conditioned on acceptance without modification of all the terms, conditions and notices contained in this Agreement and the TOS, as may be posted on the Web site from time-to-time. For doubts, if any, it is clarified that availing of the Services by the User constitutes an acknowledgement and acceptance by the User of this Agreement and the TOS. If the User does not agree with any part of such terms, conditions and notices, the User should not avail the Holidaystair Services.
1.5 In addition, the Service Provider itself may provide terms and guidelines that govern particular features, offers or the operating rules and policies applicable to each Service (for example, flights, hotel reservations, packages, 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 chooses to deal, including terms and conditions set forth in a Service Providers' fare rules, contract of carriage or house rules.
1.6 Holidaystair at its sole discretion reserves the right not to accept any order placed by the User through the Web site without assigning any reason, thereof. Any contract to provide any service by Holidaystair is not complete until full money towards the service is received from the User and accepted by Holidaystair .
2. Modification of Terms
Holidaystair reserves the right to change the terms, conditions and notices under which the Services are offered through the Web site, including but not limited to the charges for the Services provided through the Web site. The User shall be responsible for regularly reviewing these terms and conditions.
4. Limited User
4.1 The User agrees and undertakes not to sell, trade or resell or exploit for any commercial purposes, any portion of the Service. For doubts, if any, it is clarified that Holidaystair Services, including the use of the Web site, is not for commercial use but is specifically meant for personal use only.
4.2 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 Web site. Limited reproduction and copying of the content of the Web site is permitted provided that Holidaystair 's name is stated as the source. For doubts, if any, 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 Web site is not permitted.
5. Disclaimer of Warranties/Limitation of Liability
5.1 Holidaystair has endeavored to ensure that all the information provided by it is correct, but Holidaystair neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data or information. Holidaystair makes no warranty, express or implied, concerning the Web site and/or its contents and disclaims all warranties of fitness for a particular purpose and warranties of merchantability in respect of services, including any liability, responsibility or any other claim, whatsoever, in respect of any loss, whether direct or consequential, to any User or any other person, arising out of or from the use of any such information.
5.2 To the extent Holidaystair acts only as a booking agent on behalf of third party service providers, 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 Holidaystair be liable for the services provided by the service provider.
5.3 Although Holidaystair makes reasonable commercial efforts to ensure that the description and content in the TOS and on each page of the Web site is correct, it does not, however, take responsibility for changes that occurred due to human or data entry errors or for any loss or damage suffered by any User due to any information contained herein.
Also, Holidaystair is not the service provider and cannot, therefore, control or prevent changes in the published descriptions or oral representations, which are always based upon information provided by the service providers.
5.4 Holidaystair does not endorse any advertiser on its Web site in any manner. The Users are requested to verify the accuracy of all information on their own before relying on any such information.
5.5 Holidaystair 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.
5.6 In no event shall Holidaystair 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 availing services from Holidaystair .
Neither shall Holidaystair be responsible for the delay or inability to use the Web site or services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained from Holidaystair , whether based on contract, tort, negligence, strict liability or otherwise. Further, Holidaystair shall not be held responsible for non-availability of the Web site 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 Holidaystair 's control. The Users understand and agree that any material and/or data downloaded or otherwise obtained from Holidaystair is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer system or any other loss that results from 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 Holidaystair 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 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.
6. Links to Third Party Sites
6.1 The Web site may contain links to other Web sites ("Linked Sites"). The Linked Sites are not under the control of Holidaystair or the Web site and Holidaystair is not responsible for the contents of any Linked Sites, including without limitation any link contained in a Linked Site, or any change or update on a Linked Site. Holidaystair is not responsible for any form of transmission, whatsoever, received by the User from any Linked Site. Holidaystair is providing these links to the User only as a convenience, and the inclusion of any link does not imply endorsement by Holidaystair or the Web site of the Linked Sites or any association with its operators or owners, including the legal heirs or assigns thereof.
6.2 Holidaystair is not responsible for any errors, omissions or representations on any Linked Site. Holidaystair does not endorse any advertiser on any Linked Site in any manner. The Users are requested to verify the accuracy of all such information on their own before relying on any such information.
7. Prohibition Against Unlawful Use As a condition for the use of the Web site, the User warrants that they will not use the Web site for any purpose that is unlawful or illegal under any existing law in force within or outside India or prohibited by this Agreement and/or the TOS, including both specific and implied. In addition, the Web site 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 Web site. The User shall refrain from obtaining or attempting to obtain any material or information through any means not intentionally made available or provided for or through the Web site.
8. Use of Communication Services
8.1 The Web site may contain services such as e-mail, 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 is 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 Web site or anyone’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 knows, 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 existing applicable laws or regulations 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 Web site contained elsewhere herein.
8.2 Holidaystair will review materials posted through Communication Service and shall remove any materials in its sole discretion. Holidaystair reserves the right to terminate the User's access to any or all of the Communication Services at any time without a notice, for any reason, whatsoever.
8.3 Holidaystair 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 Holidaystair 's sole discretion.
8.4 Holidaystair does not control or endorse the content, messages or information found in any communication service and, therefore, Holidaystair specifically disclaims any liability or responsibility whatsoever with regard to the communication services and any actions resulting from the user's participation in any communication service.
8.5 Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. Users are responsible for keeping themselves updated of and adhering to such limitations while downloading the materials.
8.6 When you register with Holidaystair .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.
9. Termination/Access Restriction
Holidaystair reserves the right, in its sole discretion, to terminate the access to the Web site and the related services or any portion thereof at any time, without notice.
10. Fees Payment
10.1 Holidaystair reserves the right to charge listing fee for certain listings, as well as transaction fee based on certain completed transactions using the Holidaystair Services. Holidaystair further reserves the right to alter or revise any/ all fee from time-to-time, without notice.
10.2 The User shall be liable to pay all the applicable charges, fee, duties, taxes, levies and assessments for availing the Holidaystair Services.
11. User's Obligations and User Account
11.1 The User represents and confirms that the User is of legal age to enter into a binding contract and is not a person barred from availing the Services under the laws of India or other applicable law.
11.2 To avail a Service through the Web site, the User has and must continue to maintain at his sole cost:
(a) all the necessary equipments, including a computer and modem etc. to access the Web site/avail Services;
(b) own access to the World Wide Web. The User shall be responsible for accessing the Services and that access may involve third party fee, including airtime charges or internet service provider’s charges which are to be exclusively borne by the User.
11.3 The User also understands that the services may include certain communications from Holidaystair as service announcements and administrative messages. The User understands and agrees that the services are provided on an "as is" basis and that Holidaystair does not assume any responsibility for deletions, mis-delivery or failure to store any User communications or personalized settings.
11.4 Registration of the User on the Web site is optional. If the User opts to get registered on the Web site, 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 User 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 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 Holidaystair . 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 Holidaystair services. Holidaystair 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 Holidaystair Services.
11.5 The User also agrees and undertakes to immediately notify Holidaystair 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 Web site. Holidaystair shall not be responsible for any, direct or indirect, loss or damage arising out of the User's failure to comply with this requirement.
11.6 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 Web site; and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If the User provides any information that is false, inaccurate, not current or incomplete or Holidaystair has reasonable grounds to suspect that such information is false, inaccurate, not current or incomplete, Holidaystair has the right to suspend or terminate the User's registration and refuse any and all current or future use of the Web site and/or any Service.
11.7 Furthermore, the User grants Holidaystair the right to disclose to third parties the Registration Data to the extent necessary for the purpose of carrying out the Services.
12.1 Without prejudice to the other remedies available to Holidaystair under this agreement, the TOS or under applicable law, Holidaystair may limit the User's activity, or end the User's listing, warn other Users of the User's actions, immediately temporarily/indefinitely suspend or terminate the User's registration, and/or refuse to provide the User with access to the Web site if:
(a) the User is in breach of this agreement, the TOS and/or the documents it incorporates by reference;
(b) Holidaystair is unable to verify or authenticate any information provided by the User; or
(c) Holidaystair believes that the User's actions may infringe on any third party rights or breach any applicable law or otherwise result in any liability for the User, other Users of the Web site and/or Holidaystair .
12.2 Holidaystair may at any time in its sole discretion reinstate suspended Users. Once the User has been indefinitely suspended the User may not register or attempt to register with Holidaystair or use the Web site in any manner whatsoever until such time that the User is reinstated by Holidaystair . Notwithstanding the foregoing, if the User breaches this agreement, the TOS or the documents it incorporates by reference, Holidaystair reserves the right to recover any amount due and owed by the User to Holidaystair and/or the service provider and to take strict legal action as Holidaystair deems necessary.
13. Proprietary Rights
13.1 Holidaystair may provide the User with content such as sound, photographs, graphics, video or other material contained in sponsor advertisements or information. This material may be protected by copyrights, trademarks or other intellectual property rights and laws. The User may use this material only as expressly authorized by Holidaystair and shall not copy, transmit or create derivative works of such material without express authorization from Holidaystair .
13.2 The Users acknowledges and agrees that they shall not upload, post, reproduce or distribute any content on or through the Web site that is protected by copyright or other proprietary right of a third party, without obtaining the permission of the owner of such right. Any copyrighted or other proprietary content distributed on or through the Web site with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject the User to personal liability or criminal prosecution.
14. Relationship None of the provisions of this Agreement, terms and conditions, notices or the right to use the Web site by the User contained herein or any other section or pages of the Web site and/or the Linked Sites, shall be deemed to constitute a partnership between the User and Holidaystair 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 Web site, the User authorizes Holidaystair 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 Holidaystair and its agents as their agent for this purpose.
15. Headings The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of this Agreement, the TOS or the right to use the Web site by the User contained herein or any other section or pages of the Web site or any Linked Sites in any manner whatsoever.
16. 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.
17. Indemnification The User agrees to indemnify, defend and hold harmless Holidaystair from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fee and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Holidaystair 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 Agreement and/or the TOS.
18. Severability If any provision of this Agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of this Agreement shall continue to be in full force and effect.
19. Termination of Agreement and Services
19.1 Either the User or Holidaystair may terminate this Agreement and a Service with or without cause at any time to be effective immediately.
19.2 The User agrees that Holidaystair may under certain circumstances and without prior notice, immediately terminate the User's user id and access to the Web site/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 and non-payment of the fee owed by the User in connection with the Services as specified in the applicable TOS.
19.3 This Agreement may be terminated by either the User or Holidaystair through a written notice to the other. Holidaystair 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 Web site/Service; and (b) notify Holidaystair of such discontinuance.
19.4 Upon termination of the Service, User's right to use the Web site/Services and software shall immediately cease. The User shall have no right and Holidaystair shall have no obligation, thereafter, to execute any of the User's incomplete 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 Web site may not be retrieved later.
20. 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 be 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 e-mail/facsimile (with acknowledgment of complete transmission) to the following address:
(a) If to Holidaystair , at email@example.com and/or at the address posted on the Web site.
(b) If to a non-registered User, at the communication and/or e-mail address specified in the application form for availing a Holidaystair Service.
(c) If to a registered User, at the communication and/or e-mail address specified in the registration form. 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 e-mail, it comes to the knowledge of the sending party, that the e-mail address is invalid.
21. 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 Gurgaon, Haryana.