Terms and Privacy policy

TERMS OF USE

[Last Updated Date: 05 March, 2020]

VISITORS TO THIS PLATFORM ARE BOUND BY THE FOLLOWING TERMS OF USE ( "TERMS" ) AND THE PRIVACY POLICY. YOU ARE REQUESTED TO CAREFULLY READ THE TERMS AND CONDITIONS MENTIONED HEREIN BEFORE CONTINUING TO ACCESS OUR WEBSITE, LOCATED AT www.holidaying.travel, APPLICATION FOR MOBILE AND HANDHELD DEVICES (COLLECTIVELY HEREINAFTER CALLED AS THE " PLATFORM") AND USE THE TRIP PLANNING SERVICES ACCESSIBLE VIA THE PLATFORM AND VIA THIRD-PARTY WEBSITES. WITH RESPECT TO THE TERMS AND THE PRIVACY POLICY, YOU SHALL BE DEEMED TO HAVE READ, UNDERSTOOD AND CONSENTED TO THE SAME ON YOUR FREE WILL.

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.

While the Terms will apply to your use of the Platform, there may be additional terms (such as the terms imposed by mobile application stores like Apple's iTunes, Android's Play Store, Microsoft's store from time to time) which will govern the use of the Platform. These additional terms to the extent applicable are hereby deemed to be incorporated in the Terms and Privacy Policy by way of reference.

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:

  1. Acceptance

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.

  1. Privacy Policy

The Terms include and incorporate the Privacy Policy (as available at www.holidaying.travel/privacy-policy), which is integrated herein by reference.

  1. Changes to Terms or Services

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.

  1. Who May Use the Services
  2. Eligibility

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 you are a minor i.e. under the age of 18 (eighteen) years but at least 13 (thirteen) years of age or above you may use the Platform either under the supervision of your legal guardian, such legal guardian who has agreed to be bound by the Terms and Privacy Policy.

By using the Platform you warrant and confirm that you have the legal right, authority and capacity to enter into and be bound by the Terms and the Privacy Policy.

  1. Registration and Your Information

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.

  1. Feedback

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 info@holidaying.co.in. 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.

  1. Procedure For Making Copyright Infringement Claims

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:

  1. The electronic or physical signature of the copyright owner, or the person or entity authorized to act on behalf of the copyright owner;
  2. A specific description of the copyrighted work claimed to be infringed;
  3. A specific description of the claimed infringing activity (including the specific web page address on the Platform);
  4. A specific description where the original or an authorized copy of the copyrighted work exists (including, for example, a specific web page address not on the Platform);
  5. Your name, address, telephone number and E-mail address;
  6. A written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, the person or entity authorized to act on behalf of the copyright owner, or the law; and
  7. A written statement by you, made under penalty of perjury, that all of the above information is accurate, and that you are the copyright owner or the person or entity authorized to act on behalf of the copyright owner.

Our agent for notices of claims of copyright infringement on this Platform may be reached as follows:

  1. Via email on booking@holidaying.co.in or tech@holidaying.co.in
  2. Platform Content

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.

  1. Content Ownership, Responsibility and Removal

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.

  1. Rights in User Content Granted by You

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.

  1. Rights in Content Granted by the Company

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.

  1. General Prohibitions and the Company's Enforcement Rights

By using any of the Services you agree and acknowledge that:

  1. You will use any or all of the Services provided by the Company only for the purposes that are permitted by and are in accordance with (a) the Terms and Privacy Policy, and (b) any applicable law.
  2. All the calls made to the Company will be recorded by the Company for quality and training purposes.
  3. You are solely responsible for any breach of the Terms and Privacy Policy and for the consequences resulting from such breach (including any loss, damage or expense suffered or incurred by the Company or its affiliates/business partners/vendors).

As mandated by Regulation 3(2) of the Information Technology (Intermediaries Guidelines) Rules, 2011, and to the extent it is applicable to the Terms and Privacy Policy, the Company hereby informs you that you are not permitted to host, display, upload, modify, publish, transmit, update or share any information that:

  1. belongs to another person and to which you do not have any right;
  2. is harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, racial, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
  3. harms minors in any way;
  4. infringes any patent, trademark, copyright or other proprietary rights;
  5. violates any law for the time being in force;
  6. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
  7. impersonates or defames another person;
  8. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; and
  9. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting to any other nation.

You agree that you are prohibited to:

  1. Violate or attempt to violate the integrity or security of the Platform;
  2. Transmit any information on or through the Platform that is disruptive to the provision of the Services provided by the Company;
  3. Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) is fraudulent, false, misleading or deceptive; (iii) is defamatory, obscene, pornographic, vulgar or offensive; (iv) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (v) promotes illegal or harmful activities or substances;
  4. Use, display, mirror or frame the Services or any individual element within the Services, the Company's name, any Holidaying trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without the Company's express written consent;
  5. Access, tamper with, or use non-public areas of the Services, the Company's computer systems, or the technical delivery systems of the Company's providers;
  6. Attempt to probe, scan or test the vulnerability of any Company system or network or breach any security or authentication measures;
  7. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by the Company or any of the Company's providers or any other third party (including another user) to protect the Services or Content;
  8. Attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by the Company or other generally available third-party web browsers;
  9. Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
  10. Use any meta tags or other hidden text or metadata utilizing a Holidaying trademark, logo URL or product name without the Company's express written consent;
  11. Use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by the Terms;
  12. Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive or false source-identifying information;
  13. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content;
  14. Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
  15. Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
  16. Impersonate or misrepresent your affiliation with any person or entity;
  17. Encourage or enable any other individual to do any of the foregoing;
  18. Intentionally submit on the Platform any incomplete, false or inaccurate information;
  19. Make any unsolicited communications to other users of the Platform;
  20. Attempt to decipher, decompile, disassemble or reverse engineer any part of the Platform;
  21. Copy or duplicate in any manner any of the information available on the Platform; and
  22. Frame or hotlink or deep link any Contents from the Platform.

You acknowledge and agree that the Company shall, but shall not be obliged to, (i) monitor the access to Platform and/ or use of the Services and/ or Content and (ii) review and/ or edit any Content, for the purposes of ensuring compliance with the Terms, the Privacy Policy, and the applicable law or other legal requirements, pursuant to operation of the Platform and provision of the Services.

The Company, upon obtaining knowledge by itself or having been brought to actual knowledge by an affected person in writing or through email about any such information as mentioned above, shall be entitled to disable such information that is in contravention of the Terms, Privacy Policy and the applicable law; and the Company shall be entitled to preserve such information and associated records for production to governmental authorities for investigation purposes.

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.

  1. DMCA/Copyright Policy

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.

  1. Links to Third Party Websites or Resources

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.

  1. Google Terms of Use

Holidaying Service uses Google. By using our Service, you are bound by Google's Terms of Service.

  1. Termination

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.

  1. Warranty Disclaimers

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.

  1. Indemnity

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.

  1. Limitation of Liability

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.

  1. Governing Law and Jurisdiction
  2. Governing Law and Forum

The Terms, the Privacy Policy and your use of the Platform and/ or the Services shall be governed by the laws of India, including without limitation the Indian Contract Act, 1872, Information Technology Act, 2000 and the rules, regulations, guidelines and clarifications framed thereunder (including the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 and the Information Technology (Intermediaries Guidelines) Rules, 2011) and without reference to principles of conflicts of law. Subject to the dispute resolution clause below, courts and tribunals of New Delhi, India shall have exclusive jurisdiction to settle any dispute arising out of or in connection with the Terms, including but not limited to any disputes regarding the existence, validity or termination of the Terms. You expressly consent to the jurisdiction of the said courts/tribunal and irrevocably waive any objection now or in future, to such jurisdiction based on forum non convenience or any other basis.

  1. Jurisdictional Limitations

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.

  1. Dispute Resolution

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.

  1. Notices

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 info@holidaying.co.in. 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.

  1. Entire Agreement

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.

  1. Severability

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.

  1. Miscellaneous

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.

Swapnil Vats is the designated Grievance Officer in respect of the Platform. Any complaints or concerns with regards to any Content on the Platform or any breach of the Terms or Privacy Policy can be directed to the designated Grievance Officer in writing at: HTT Holidaying Travel Technologies, at 602, 6th Floor, Galleria Towers, Gurgaon, 122018 or through an email signed with electronic signatures sent to info@holidaying.co.in. We agree to use our good faith and reasonable endeavors to take necessary action(s) andremove any abusive Content and/ or User which shall be identified to be in violation of the aforementioned Terms, within 24 (twenty four) hours of being notified of the same.

PRIVACY POLICY

  1. INTRODUCTION

The Company understands and recognizes your right to confidentiality and is committed to protecting and preserving your privacy. The Privacy Policy forms an integral part of the Terms. Subject to the provisions of this Privacy Policy and applicable law, the Company may collect, receive, store, deal in, handle and share Personal Information (as defined hereinafter) including Sensitive Personal Data (as defined hereinafter) pertaining to the Users of the Platform. The Company is committed to safeguarding the privacy, confidentiality and security of such Personal Information of the Users. The Privacy Policy outlines the information the Company may process and/or use to improve the User experience while using the Platform. Pursuant to such commitment, the Company has developed the Privacy Policy for the handling of or for dealing in the aforementioned information. Reference to ' you' in the Privacy Policy refers to the Users of the Platform.

  1. THE PERSONAL INFORMATION WE COLLECT
  2. For the purposes of this Privacy Policy,
  3. " Force Majeure Event" shall mean any event that is beyond our reasonable control and shall include, without limitation, sabotage, fire, flood, explosion, act of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, unauthorized access to your mobile or storage device, crashes, breach of security and encryption.
  4. " Personal Information" means any information relating to the Users which, either directly or indirectly, in combination with other information available or likely to be available with the Company, is capable of identifying such Users and includes Sensitive Personal Data (as defined below) of the User.
  5. " Sensitive Personal Data" in relation to a User means personal data or information of a User which consists of information relating to:-
  6. password;
  7. financial information such as bank account or credit card or debit card or other payment instrument details;
  8. physical, physiological and mental health condition;
  9. sexual orientation;
  10. medical records and history;
  11. biometric information;
  12. any detail relating to the above clauses as provided to the Company for providing service; and
  13. any information received under the above clauses by the Company for processing, or stored or processed under lawful contract or otherwise:

provided that, any information that is freely available or accessible in public domain or furnished under the Right to Information Act, 2005 or any other law for the time being in force shall not be regarded as Sensitive Personal Data or Personal Information for the purposes of this Privacy Policy.

  1. " Third Party" refers to any person or entity other than you or us.
  2. PURPOSES OF COLLECTING, STORING AND USING YOUR PERSONAL DATA AND THE MANNER OF SUCH USAGE
  3. Typically, the Personal Information collected by the Company includes all information and data that is required by the Company for providing the Services and may include (without limitation) one or more of the following: name, e-mail and residential address, telephone number(s), bank account or credit card or debit card or other payment instrument details, academic details and any other related information of the Users. Further, we may be required to disclose such Personal Information to Third Parties in connection with the Services and in accordance with the terms and conditions stipulated by such Third Parties.
  4. In order to provide you a safe, efficient, smooth and customized experience and in order to take advantage of certain features available on the Platform, you will be asked to verify the personal information provided to the Company by means of your User Content.
  5. We may also collect the information that is not Personal Information, that you provide as part of registration and personalization of your account profile. The Company may use your Personal Information, including your Sensitive Personal Data for the purposes mentioned herein below:
  6. Optimization of Customer Service

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.

  1. Communication

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.

  1. HOW WE USE COOKIES
  2. A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyze web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
  3. We use traffic log cookies to identify which pages are being used. This helps us analyze data about webpage traffic and improve the Platform in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.
  4. Overall, cookies help us provide you with a better Platform, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. Please refer to your web-browser provider or system guide for detailed information on disabling cookies. However, in case you choose to disable the cookies, you may be prevented from taking full advantage of the Platform.
  5. LINKS TO THIRD PARTY APPS AND WEBSITES

The Platform and any communication sent to you may contain/display Third Party advertisements and links to other websites/mobile applications of interest. However, once you have used any of these links to leave the Platform, you should note that we do not have any control over that other website(s)/mobile application(s). You agree and acknowledge that these websites/mobile applications are operated by Third Parties and are not controlled by, or affiliated to, or associated with us unless expressly specified. We are not responsible for any form of transmission, whatsoever, received by you from any such Third Party. Accordingly, we do not make any representations concerning the privacy practices or policies of such Third Parties or terms of use of such websites or mobile applications, nor do we control or guarantee the accuracy, integrity, or quality of the information, data, text, software, music, sound, photographs, graphics, videos, messages or other materials available on such websites or mobile applications. Therefore, we cannot be responsible for the protection and privacy of any information, which you provide whilst visiting such sites/mobile applications and this Privacy Policy does not govern such sites/mobile applications. You should exercise caution and look at the privacy statement applicable to the website(s)/mobile application(s) in question. The information provided by you to such Third Party websites/mobile applications shall be governed in accordance with the privacy policies of such websites/mobile applications and it is recommended that you review the privacy policy on any such websites and/or mobile applications prior to using such websites/mobile applications.

  1. SECURITY OF PERSONAL INFORMATION

We will take reasonable technical and organizational precautions to prevent the loss, misuse or alteration of your Personal information, this includes storing all your Personal Information, including Sensitive Personal Data you provide on our secure servers. By agreeing to this policy and using the Platform or other interactive services you acknowledge that the transmission of information over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet. You are responsible for keeping the password you use for accessing the Platform confidential; we will never ask you to send us your password (except for the standard log in procedure on the Platform). Notwithstanding anything contained in this Privacy Policy or elsewhere, we shall not be held responsible for any loss, damage or misuse of your Personal Information, if such loss, damage or misuse is attributable to a Force Majeure Event.

  1. SHARING OF PERSONAL INFORMATION

Notwithstanding anything contained in this Privacy Policy, we may release your Personal Information when we believe such release is appropriate to comply with applicable law, enforce the Platform policies or the Terms, or for protecting our or others rights, property or and/or for ensuring safety.

  1. CHANGES IN THIS PRIVACY POLICY

We may update this Privacy Policy to reflect changes to our information practices and applicable laws. If we make any material changes we will notify you by email and by means of a notice on the Platform prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.

  1. CONTACTING US

If there are any questions regarding the Privacy Policy you may contact us at tech@holidaying.co.in orbooking@holidaying.co.in.