[Last Updated Date: 05 March, 2020]
Welcome to the webpage of HTT Holidaying Travel Technologies Pvt Ltd. (hereinafter referred to as " we", " us", " Company" or " Holidaying"). Our mission is to help you discover the planet the right way.
The Terms are between the Company and registered users of the Platform (hereinafter referred to as " you", " your" or " User") and describe the terms on which the Company offers you access to the Platform and the services availed through use of the Platform (the " Services").
The Terms are an electronic record in terms of the Information Technology Act, 2000, the applicable rules thereunder (as amended from time to time) and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000 and are published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011. This electronic record is generated by a computer system and does not require any physical or digital signature.
PLEASE READ THE TERMS CAREFULLY. IF YOU DO NOT AGREE WITH ANY OF THE TERMS OR CONDITIONS, DO NOT ACCESS OR OTHERWISE USE THE PLATFORM OR ANY INFORMATION CONTAINED ON THE PLATFORM. YOUR ACCEPTANCE OF THE TERMS CONSTITUTES YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS AND CONDITIONS SET FORTH BELOW:
By accessing the Platform and using the Services, you acknowledge and agree to be bound by the terms and conditions stated below as part of the Terms, and otherwise contained on or referenced in the Platform. If you do not agree to the Terms, you are not authorized to access the Platform and/ or use the Services. If you are accessing the Platform and/ or using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to the Terms. In such an event, " you" and " your" will refer to such company or other legal entity.
You also acknowledge and agree that, unless we specifically provide otherwise, the Terms only apply to the Platform and our online activities, and does not apply to any of our offline activities.
You also acknowledge and agree that we may modify the Terms at any time, in our sole discretion; that all modifications to the Terms will be effective immediately upon our posting of the modifications on the Platform; and that you will review the Terms each time you access the Platform, so that you are aware of and agree to any and all modifications made to the Terms. Use of the Platform after updates are posted and effective constitutes acceptance of any changes.
If you do not agree to be bound by the modified Terms, then, as stated above, you are authorised to access the Platform and/ or use the Services. This is light of the fact that the Services are evolving over time wherein the Company may choose to either modify the scope or discontinue all or any part of the Services, at any time and without notice, at its sole discretion.
The use of the Services is available only to those individuals and body corporates who can enter into legally binding contracts under applicable law.
If the User wishes to use certain features of the Platform and/ or the Services, the User is required to create an account (" Account") via the Platform or through an account with certain third-party social networking services such as Facebook (" SNS Account"). In the event the User chooses the SNS Account option the Platform will create your Account by extracting from the SNS Account certain personal information such as the User's name and email address and other personal information that the privacy settings on the SNS Account permit the Platform to access.
For certain function of the Services, such as reviewing and tracking your use of the Services or to provide effective Service through the Platform, you may be required to provide your name, age, mobile or phone number, and/or address; without limiting the generality of foregoing, you are required to provide accurate and complete information.
You acknowledge and agree that you shall provide us with accurate, complete and up-to-date information for your Account and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. In the event you do not comply by the requirement as mentioned herein, we shall have the right to suspend or terminate your Account. You agree that you shall not disclose your Account password to anyone and you shall notify us immediately of any unauthorized use of your Account. You shall, at all time, be responsible for all activities that occur under your Account, irrespective of your knowledge of the same.
We welcome feedback, comments and suggestions for improvements to the Platform and/ or the Services (" Feedback"). You can submit Feedback on the Platform or by emailing us at email@example.com. You hereby agree that any non-personal information, communications and material you send to the Platform or to us by E-mail, forming part of the Feedback, are on a non-confidential basis and with respect to the same, you agree to grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable right and license under any and all intellectual property rights that you own or control to use, reproduce, copy, modify, create derivative works of, distribute, or publicly display any such information freely, and for any purpose whatsoever.
Specifically, we will be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose, including developing, manufacturing or marketing products.
You also represent and warrant that any information you send to the Platform does not violate the rights of others, and that you have full rights and authority to provide or disclosure such information on the Platform.
We respect the intellectual property of others, and we ask you and all of the Platform users, affiliates, licensors and suppliers to do the same. If you believe that your copyrighted work has been copied and is accessible on this Platform in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with all of the following information:
Our agent for notices of claims of copyright infringement on this Platform may be reached as follows:
You acknowledge and agree that (i) all contents, including, without limitation, text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Platform and any User Content (as defined below) (" Content"), are protected by copyright, trademark, service mark, patent, trade secret, or other proprietary rights or laws; (ii) except as specifically permitted by the Terms, any use of such Content is strictly prohibited; (iii) except if we and/or the applicable rights holder(s) give you prior written permission, you will not sell, license, rent, modify, print, copy, reproduce, download, transmit, distribute, publicly display, publicly perform, publish, edit, adapt, compile, or create derivative works from any Content (including, without limitation, through framing or systematic retrieval to create collections, compilations, databases or directories); and (iv) except if we give you prior written permission, use of any web browsers (other than generally available third-party browsers), engines, software, spiders, robots, avatars, agents, tools, or other devices or mechanisms to navigate or search the Platform is strictly prohibited. Notwithstanding the foregoing, you may download or print single copies of such Content for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices.
For purposes of the Terms " User Content" shall mean any Content that the User (including you) shall provide to be made available by way of availing the Services, including how you describe and label your itineraries.
The Company does not claim any ownership rights in any User Content and nothing in the Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, the Company and its affiliates and licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of India and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.
By making any User Content available through Services you hereby grant to the Company a non-exclusive, transferable, worldwide, license to use, copy, modify, and distribute your User Content in connection with operating and providing the Services to you and to other Account holders.
You hereby authorize the Company to (i) use information related to you, which is either submitted by you to contact you, (ii) maintain a record of your queries, visit of the Platform, and/or feedback, and (iii) share information related to you with the third party service providers which provide services to the users on the Platform.
You are solely responsible for all your User Content. You represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by the Company on or through the Services will infringe, misappropriate or violate a third party's intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You can remove your User Content by specifically deleting it. However, in certain instances, some of your User Content may not be completely removed and copies of your User Content may continue to exist on the Services. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
Subject to your compliance with the Terms, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and view the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.
By using any of the Services you agree and acknowledge that:
You agree that you are prohibited to:
You acknowledge and agree that the Company shall, but shall not be obliged to, at its sole discretion, remove or terminate your or any other party's access to all or part of the Platform or any Content, at any time and without notice, including, but not limited to, any Content that the Company shall considered to be objectionable or in violation of the Terms. Without limitation of any other provisions of the Terms, we reserve the right to take any actions at law or in equity that we deem appropriate in connection with the Platform, Content and the Terms.
The Company respects copyright law and expects its Users to do the same. It is the Company's policy to terminate in appropriate circumstances including but not limited to events when Users repeatedly infringe or are believed to be repeatedly infringing the rights of relevant copyright holders. Please see our Copyright and IP Policy (available at www.holidaying.travel/copyright-policy), which is integrated herein by reference.
You acknowledge and agree that, unless we specifically provide otherwise, any links on this Platform to third party sites do not imply our endorsement of such sites or that we have any association whatsoever with the operators of such sites; that such sites are not under our control; and that we are not responsible for any materials (including, without limitation, any content, data, software, information, products or services) contained on or provided through such sites, or the appropriateness, decency, legality, copyright compliance, accuracy or any other aspect of such sites.
We are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
Holidaying Service uses Google. By using our Service, you are bound by Google's Terms of Service.
The Usershall have the right to delete its PII and Account by following the process as prescribed on the Platform. The User may also request us to do the same by sending a request at 602, 6th Floor, Galleria Towers, Gurgaon, 122018 with proof of the User's identity. Upon any termination, discontinuation or cancellation of Services and/ or the User's Account, the following provisions of the Terms will survive: Content Ownership, Warranty Disclaimers, Limitations of Liability, and Dispute Resolution.
YOU ACKNOWLEDGE AND AGREE THAT USE OF THE PLATFORM, THE SERVICES AND CONTENT ARE AT YOUR OWN RISK, AND ARE PROVIDED ON "AS IS," AND "AS AVAILABLE" BASIS; THAT WE DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND WITH REGARD TO THE PLATFORM OR ANY CONTENT THEREON, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
YOU ALSO ACKNOWLEDGE AND AGREE THAT WE DO NOT WARRANT OR REPRESENT THAT THE PLATFORM, THE SERVICES OR ANY CONTENT THEREON WILL BE ACCURATE, RELIABLE, CORRECT, USEFUL, TIMELY, UNINTERRUPTED, SECURE, DEFECT-FREE OR ERROR-FREE (INCLUDING, WITHOUT LIMITATION, FREE FROM VIRUSES, WORMS, TROJANS, OTHER MALICIOUS CODE OR OTHER HARMFUL COMPONENTS). WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT. IN JURISDICTIONS NOT ALLOWING THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, OUR AND OUR SUBSIDIARIES, AFFILIATES, LICENSORS AND SUPPLIERS LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
You acknowledge and agree that certain actual conditions may differ from the Content available via the Platform. For example, you may find that the hours or location of a particular event or historical site are not exactly as listed on the Platform. We do not guarantee that the Services and Content are entirely accurate nor can we consider every concern a User may have when visiting an unfamiliar area. You should exercise your own independent judgment when using the Services to plan your trip. You expressly acknowledge and agree that, at all times, you are responsible for your conduct and its consequences.
You acknowledge and agree that you will indemnify and hold harmless the Company and its subsidiaries, successors, assigns, affiliates, licensors and suppliers, together with all of their officers, directors, employee and agents, from and against any and all claims, disputes, demands, liabilities, damages, losses, judgments and costs and expenses, including, without limitation, reasonable legal and accounting fees and costs arising out of or in any way connected with (a) your access to or use/ misuse of the Platform, Services and/ or Content, (b) your User Content, or (c) your violation of the Terms, any laws, rules or regulations. You also acknowledge and agree that we reserve the right to exclusively defend and control any such indemnification matters and that you will fully cooperate with us in any such defenses.
YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL WE AND/ OR OUR SUBSIDIARIES, AFFILIATES, LICENSORS AND/OR SUPPLIERS, INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES, RELATING TO THE USE, MISUSE OR INABILITY TO USE THE PLATFORM OR ANY CONTENT (WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, AND EVEN IF WE AND/OR OUR SUBSIDIARIES, AFFILIATES, LICENSORS AND/OR SUPPLIERS HAS OR HAVE BEEN ADVISED OF A POSSIBILITY OF DAMAGES), INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN JURISDICTIONS NOT ALLOWING THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR AND OUR SUBSIDIARIES, AFFILIATES, LICENSORS AND SUPPLIERS LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
YOU ALSO ACKNOWLEDGE AND AGREE THAT IF YOU ARE DISSATISFIED WITH, OR CLAIM ANY DAMAGES RELATING TO, ANY PORTION OF THE PLATFORM, ANY CONTENT OR THE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PLATFORM AND ALL CONTENT ON THE PLATFORM.
IN NO EVENT WILL THE COMPANY'S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE BY YOU TO THE COMPANY FOR USE OF THE SERVICES OR CONTENT OR USD 100 (UNITED STATES DOLLAR ONE HUNDRED ONLY), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO THE COMPANY, AS THE CASE MAY BE.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS AND THE BASIS OF THE BARGAIN BETWEEN THE COMPANY AND YOU.
Laws and regulatory requirements vary across countries and jurisdictions. The Platform may not comply with legal requirements of all jurisdictions. You acknowledge and agree that if you are located in any jurisdiction in the world where any common, statutory, regulatory, codified or other law, rule or regulation makes accessing the Platform or any Content inappropriate or illegal, or subject to consents or permissions that you yourself have not obtained, or voids the Terms in whole or in part, then you are not authorized to access the Platform or any Content.
If any dispute, controversy or claim arises under, out of, or in relation to the Terms, including any dispute concerning the formation, construction, interpretation, or breach of the Terms or any party's performance of its obligations under it, such dispute shall at the first instance be attempted to be resolved through mutual good faith consultations. If the dispute is not resolved in this manner within 45 (forty five) days of either party sending a notice to the other party of such dispute, then the dispute shall be resolved by binding arbitration under the provisions of the Arbitration & Conciliation Act 1996, by a sole arbitrator in New Delhi, India.
All notices or demands to or upon the Company shall be effective if in writing and shall be deemed to be duly made when sent to: HTT Holidaying Travel Technologies, at 602, 6th Floor, Galleria Towers, Gurgaon, 122018 or by email to firstname.lastname@example.org. All notices or demands to or upon a member shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last known correspondence, fax or email address provided by the member on the Platform, or by posting such notice or demand on an area of the Platform that is publicly accessible. Notice to a member shall be deemed to be received by such member if and when the Platform is able to demonstrate that communication, whether in physical or electronic form, has been sent to such member, or immediately upon Platform's posting such notice on an area of the Platform that is publicly accessible.
The Terms constitute the entire agreement between the Company, its affiliates and you in connection with your use of the Platform, the Services and the Content and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the User and the Company with respect to the Platform, the Services and the Content. Any cause of action you may have with respect to your use of the Platform, the Services or the Content must be commenced within 1 (one) year after the claim or cause of action arises. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms, and the remainder of the Terms shall continue in full force and effect.
The Terms will be deemed to include all other notices, policies, disclaimers and other terms contained in the Platform and in other contracts that you may have executed with the Company and its affiliates.
A printed version of the Terms and/ or of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that the Terms and all related documents be drawn up in English.
The failure of the Company to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. You acknowledge and agree that (a) if any provision of the Terms is held by any court or other tribunal of competent jurisdiction to be not enforceable, then such provision will be eliminated or limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect; (b) the Terms constitute the entire agreement between you and us relating to the subject matter hereof, and supersedes any and all prior agreements or understandings between you and us, whether oral or written, relating to any subject matter of the Terms; (c) the Terms may not be modified, in whole or in part, except by us and as otherwise might be specifically described elsewhere in the Terms; and (d) anything contained on or provided through the Platform that is inconsistent with or conflicts with the terms of the Terms is superseded by the terms of the Terms.
Headings for any section of the Terms are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
The Company shall have the right to assign its obligations and duties in the Terms to any person or entity.
All telephonic calls to the Company will be kept completely confidential. However, your call may be recorded to ensure quality of service. Further, for training purposes and to ensure excellent customer service, calls from the Company to the User or from the User to the Company may be monitored and/or recorded.
When you register as a User, we will collect your name, email address, mobile phone number, internet protocol (IP) address, device information, etc. We will use your contact details to send you a welcome email/short message service (" SMS") to communicate with you in response to your inquiries, and to send you announcements related to the Services, for instance, if the Service is temporarily suspended for maintenance. We may also contact you to conduct research about your opinion of the Services or of potential new services that may be offered. We will use your registration information to create and manage your user account. We may deactivate your account if we suspect that you use the Platform to commit fraudulent or illegal acts or if you violate the User Terms.
We may offer email, Platform notifications, SMS, multimedia message service ( MMS ) or other forms of communication to share information with you about certain promotions or features the Platform may choose to offer or about our affiliates, subsidiaries, business partners, advertisers and sponsors. You may receive such communication when you have registered as a user of the Platform.