The following agreement captures the terms and conditions of use (“Agreement”), applicable to Your use of http://www.holidayswallet.in (“Web Site”),It is an agreement between You as the user of the Web Site and Lifelong Associates Travel Private Limited (LATPL). The expressions “You” “Your” or “User(s)” refers to any person who accesses or uses the Web Site for any purpose.
By subscribing to or interacting with other User(s) on or entering into negotiations in respect of services on or using the Web Site in any manner for any purpose, You undertake and agree that You have fully read, understood and accepted the Agreement.
I. WEBSITE- MERELY A VENUE/PLATFORM
The Web Site acts as a match-making platform for User(s) to negotiate and interact with other User(s) for services or for entering into negotiations in respect thereof. LATPL or the Website are not parties to any negotiations that take place between the User(s) of the Web Site and are further not parties to any agreement including an agreement for services or otherwise, concluded between the User(s) of the Web Site. LATPL does not control and is not liable in respect of or responsible for the quality, safety, lawfulness or availability of the services offered on the Web Site or the ability of the User(s) providing services to complete a service or the ability of User(s) availing services to complete a transaction . This agreement shall not be deemed to create any partnership, joint venture, or any other joint business relationship between LATPL and any other party.
II. USER(S) ELIGIBILITY
User(s) represent and warrant that they have the right to avail or use the services provided by LATPL, including but limited to the Web Site (“HOPL’s Services”). LATPL’s Services can only be availed by those individuals or business entities, including companies and partnerships, which are authorised under applicable law to form legally binding agreements.
User(s) agree to abide by the Agreement and any other rules and regulations imposed by the applicable law. LATPL shall have no liability to the User(s) or anyone else for any content, information or any other material transmitted over LATPL’s Services, including any fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illicit material and that the risk of damage from such material rests entirely with each User(s). LATPL at it’s sole discretion reserves the right to refuse LATPL’s Services to anyone at any time.
III. USER(S) AGREEMENT
This Agreement applies to any person who accesses or uses the Web Site for any purpose. It also applies to any legal entity which may be represented by any person who accesses or uses the Web Site, under actual or apparent authority. User(s) may use this Web Site solely for their own personal or internal or commercial/business purposes.
This Agreement applies to all services offered on the Web Site, collectively with any additional terms and conditions that may be applicable in respect of any specific service used or accessed by User(s) on the Web Site. In the event of any conflict or inconsistency between any provision of this Agreement and any additional terms and conditions applicable in respect of any service offered on the Web Site, such additional terms and conditions applicable in respect of that service shall prevail over this Agreement.
By filling in the Inquiry form on the HolidaysWallet website or App, the user authorizes HolidaysWallet or any of its partner agencies, affiliates or advertisers to call or email the user.
IV. AMENDMENT TO USER(S) AGREEMENT
LATPL reserves the right to change, modify, amend, or update the Agreement from time to time without any prior notification to User(s) and such amended provisions of the Agreement shall be effective immediately upon being posted on the Web Site. If You do not agree to such provisions, You must stop using the service with immediate effect. Your continuous use of the service will be deemed to signify Your acceptance of the amended provisions of the Agreement.
V. INTELLECTUAL PROPERTY RIGHTS
LATPL is the sole owner and the lawful licensee of all the rights to the Web Site and its content (“Web Site Content”). Web Site Content means the design, layout, text, images, graphics, sound, video etc. of or made available on the Web Site. The Web Site Content embodies trade secrets and other intellectual property rights protected under worldwide copyright and other applicable laws pertaining to intellectual property. Except third party content all title, ownership and intellectual property rights in the Web Site and the Web Site Content shall remain in LATPL, its affiliates or licensor’s of the Web Site content, as the case may be.
All rights, not otherwise claimed under this Agreement by LATPL, are hereby reserved. Any information or advertisements contained on, distributed through, or linked, downloaded or accessed from any of the services contained on the Web Site or any offer displayed on or in connection with any service offered on the Web Site ("Website Information”) is intended, solely to provide general information for the personal or commercial/business use of the User(s), who fully accept any and all responsibility and liabilities arising from and out of the use of such Information. LATPL does not represent, warrant or endorse in any manner the accuracy or reliability of Website Information, or the quality of any service obtained by the User(s) as a result of any Website Information.
The Information (including third party information) is provided “as is” with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of the Information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchant ability and fitness for a particular purpose. Nothing contained in the Agreement shall to any extent substitute for the independent investigations and the sound technical and business judgment of the User(s). In no event shall LATPL be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to LATPL’s Services. LATPL reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the Information.
HolidaysWallet and related icons and logos are registered trademarks or trademarks or service marks of LATPL in India and are protected under applicable copyright, trademark and other proprietary and intellectual property rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
All Web Site Content including Website Information is copyrighted to LATPL excluding any third party content and any links to any third-party websites being made available or contained on the Web Site. User(s) may not use any trademark, service mark or logo of any independent third parties without prior written approval from such parties.
LATPL respects the intellectual property rights of others, and we expect our User(s) to do the same. User(s) agree to not copy, download or reproduce the Web Site Content, Information or any other material, text, images, video clips, directories, files, databases or listings available on or through the Web Site for the purpose of re-selling or re-distributing, mass mailing (via email, wireless text messages, physical mail or otherwise) operating a business competing with HOPL, or otherwise commercially exploiting the LATPL Content.
URL’s/ Sub-domain names assigned by LATPL to User(s) (including both paid and free User(s)) are the exclusive property of HOPL and it cannot be assumed to be permanent in any case. LATPL reserves the right, without prior notice, at any point of time, to suspend or terminate or restrict access to or edit any URL's/Sub-domain names.
VI. LINKS TO THIRD PARTY SITES
Links to third party sites are provided on Web Site as a convenience to User(s). User(s) acknowledge and agree that LATPL does not have any control over the content of such websites and/ or any information, resources or materials provided therein.
LATPL reserves the right terminate the membership of any registered User(s) temporarily or permanently for any of the following reasons:
- If any false information in connection with their account registered with LATPL is provided by such User(s), or if such User(s) are engaged in fraudulent or illegal activities.
- If such User(s) breaches any provisions of the Agreement.
- If such User(s) utilizes the Web Site to send spam messages or repeatedly publish the same product information.
- If such User(s) posts any material that is not related to international trade or business cooperation.
- If such User(s) impersonates or unlawfully uses another person’s or business entity’s name to post information or conduct business in any manner.
- If such User(s) is involved in unauthorized access, use, modification, or control of the Web Site database, network or related services.
- If such User(s) obtains by any means another registered User(s) Username and/or Password.
- If any User(s) involves in such a transaction or activity which is fraudulent in nature.
In any case of termination, no subscription fee paid by the User(s) will be refunded. User(s) acknowledge that inability to use the Web Site wholly or partially for whatever reason may have adverse effect on their business. User(s) hereby agree that in no event shall LATPL be liable to any User(s) or any third parties for any inability to use the Web Site (whether due to disruption, limited access, changes to or termination of any features on the Web Site or otherwise), any delays, errors or omissions with respect to any communication or transmission, or any damage (direct, indirect, consequential or otherwise) arising from the use of or inability to use the Web Site or any of its features.
VIII. REGISTERED USER(S)
To become a registered User(s) of the Web Site a proper procedure has been made available on the Web Site which is for the convenience of User(s) so that they can easily log-in and log-out.
User(s) can become registered User(s) by filling an on-line registration form on the Web Site by providing the required information (including name, contact information, details of User(s) business, etc.). User(s) registering on the Web Site on behalf of business entities represent and warrant that: (a) they have the requisite authority to bind such business entity this Agreement; (b) the address provided by such User(s) at the time of registration is the principal place of business of such business entity; and (c) all other information provided to LATPL during the registration process is true, accurate, current and complete. For purposes of this provision, a branch or representative office of a User(s) will not be considered a separate entity and the principal place of business of the User(s) will be deemed to be that of its head office.
User(s) agree that by registering on the Web Site, they consent to the inclusion of their personal data in LATPL’s on-line database and authorize HOPL to share such information with other User(s). LATPL may refuse registration and deny the membership and associated User ID and Password to any User(s) for whatever reason. LATPL may suspend or terminate a registered membership at any time without any prior notification in interest of LATPL or general interest of its User(s) without assigning any reason thereof and there shall arise no further liability on LATPL of whatsoever nature due to the suspension or termination of the User account. User(s) registered on the Web Site are in no manner a part of or affiliated to LATPL.
IX. DATA PROTECTION
X. POSTING YOUR CONTENT ON WEB SITE
Some content displayed on the Web Site is provided or posted by third parties. User(s) can post their content on some of the sections/services of the Web Site using the self-help submit and edit tools made at the respective sections of the Web Site. User(s) may need to register and/or pay for using or availing some of these services.
User(s) understand and agree that LATPL in such case is not the author of the content. User(s) further understand and agree LATPL is not responsible for the accuracy, propriety, lawfulness or truthfulness of any third party content made available on the Web Site and shall not be liable to any User(s) in connection with any damage suffered by the User(s) on account of the User(s)’s reliance on such content. LATPL shall not be liable for a User(s) activities on the Web Site, and shall not be liable to any person in connection with any damage suffered by any person as a result of any User's conduct.
User(s) solely represent, warrant and agree to:
- Provide LATPL with true, accurate, current and complete information to be displayed on the Web Site;
- Maintain and promptly amend all information provided on the Web Site to keep it true, accurate, current and complete.
User(s) hereby grant LATPL an irrevocable, perpetual, worldwide and royalty-free, sub-licensable (through multiple tiers) license to display and use all information provided by them in accordance with the purposes set forth in the Agreement and to exercise the copyright, publicity and database rights User(s) have in such material or information, in any form of media, third party copyrights, trademarks, trade secret rights, patents and other personal or proprietary rights affecting or relating to material or information displayed on the Web Site, including but not limited to rights of personality and rights of privacy, or affecting or relating to products that are offered or displayed on the Web Site (hereafter referred to as “Third Party Rights”).
User(s) hereby represent, warrants and agree that User(s) shall be solely responsible for ensuring that any material or information posted by User(s) on the Web Site or provided to the Web Site or authorized by the User(s) for display on the Web Site, does not, and that the service represented thereby do not, violate any Third Party Rights, or is posted with the permission of the owner(s) of such Third Party Rights. User(s) hereby represent, warrant and agree that they have the right to , offer, the services offered and displayed on the Web Site, and that such offer, of those services violates no Third Party Rights.
User(s) agree that they will not use LATPL Content and/or LATPL's Services to send junk mail or spamming. Further, registered User(s) of the Web Site agree that they will not use the Email Account to publish, distribute, transmit or circulate any unsolicited advertising or promotional information. User(s) further hereby represent, warrant and agree that any content, material or information submitted to LATPL for display on the Web Site or transmitted or sought to be transmitted through HOPL’s Services does not and shall at no point:
- Contain fraudulent information or make fraudulent offers or attempt to make fraudulent offers or otherwise promote other illegal activities;
- Belong to another person and to which User(s) do not have any right to;
- Be part of a scheme to defraud other User(s) of the Web Site or for any other unlawful purpose;
- Be intended to deceive or mislead the addressee about the origin of such messages or to communicate any information which is grossly offensive or menacing in nature;
- Relate to sale of services that infringe or otherwise abet or encourage the infringement or violation of any third party's copyright, patent, trademarks, trade secret or other proprietary right or rights of publicity or privacy, or any other Third Party Rights;
- Violate any applicable law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
- Be defamatory, abusive libellous, unlawfully threatening, unlawfully harassing, grossly harmful, indecent, seditious, blasphemous, paedophilic, hateful, racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, leading to breach of confidence, or otherwise unlawful or objectionable in any manner whatever;
- Be vulgar, obscene or contain or infer any pornography or sex-related merchandising or any other content or otherwise promotes sexually explicit materials or is otherwise harmful to minors;
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- Contain any material that constitutes unauthorized advertising or harassment (including but not limited to spamming), invades anyone's privacy or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law or regulation;
- Solicit business from any User(s) in connection with a commercial activity that competes with HOPL;
- Threaten 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 any other nation.
- Contain any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information or that are designed to interrupt, destroy or limit the functionality of any computer resource; Link directly or indirectly to or include descriptions of services that are prohibited under the prevailing law; or
- Otherwise create any liability for LATPL or its affiliates.
LATPL reserves the right in its sole discretion to remove any material/content/photos/offers displayed on the Web Site which in LATPL’s reasonable belief is unlawful or could subject LATPL to liability or in violation of the Agreement or is otherwise found inappropriate in LATPL's opinion. In connection with any of the foregoing, LATPL reserves the right to suspend or terminate the Account of any User(s) as deemed appropriate by LATPL at its sole discretion. User(s) agree that LATPL shall have no liability to any User(s), including liability in respect of consequential or any other damages, in the event LATPL takes any of the actions mentioned in this provision.
User(s) understand and agree that the Web Site acts as a content integrator and is not responsible for the information provided by User(s) displayed on the Web Site. LATPL does not have any role in developing the third Party content displayed on the Web Site.
XI. INTERACTION BETWEEN USERS
LATPL provides an on-line platform for exchanging information between its users. LATPL does not represent the traveller or the travel agent in actual transactions that takes place between the travel and travel agents and does not control and is not liable to or responsible for the quality, safety, lawfulness of the services offered on the Web Site or the ability of the travel agents to complete agreed service or the ability of traveller to complete the service transaction.. User(s) are cautioned that there may be risks of dealing with foreign nationals or people acting under false pretenses on the Web Site. Web Site uses several techniques to verify the accuracy and authenticity of the information provided by User(s). LATPL however, cannot and does not confirm each User(s)’s purported identity on the Web Site. LATPL encourages User(s) to transact with common prudence and evaluate the User(s) with whom they would like to deal with.
User(s) agree to fully assume the risks of any transactions (“Transaction Risks”) conducted on the basis of any content, information or any other material provided on the Web Site and further assume the risks of any liability or harm of any kind arising due to or caused in connection with any subsequent activity relating to any services that are the subject of any such transaction.
- Such risks include, but are not limited to, misrepresentation of services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective services, unlawful services, delay or default in transaction or payment, cost miscalculations, breach of warranty, breach of contract and transportation accidents.
- Such risks also include the risks that of services offered or displayed on the Web Site may violate or may be asserted to violate Third Party Rights, and the risk that that User(s) may incur costs of defense or other costs in connection with third parties' assertion of Third Party Rights, or in connection with any claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants.
- Such risks further include the risks that consumers, other end-users of services or others claiming to have suffered injuries or harms relating to services originally obtained by User(s) of the Web Site as a result of the transactions in connection with using any content, information or any other material provided on the Web Site may suffer harms and/or assert claims arising from their use of such services.
User(s) agree that LATPL shall not be liable or responsible for any damages, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may occur/arise as a result of or in connection with any Transaction Risks. User(s) are solely responsible for all of the terms and conditions of the transactions conducted on, through or as a result of use of any content, information or any other material provided on the Web Site , including, without limitation, terms regarding payment, returns, warranties, , insurance, fees, taxes, , licenses, fines, permits, handling, transportation etc.. In the event of a dispute with any party to a transaction, User(s) agrees to release and indemnify LATPL (and our agents, affiliates, directors, officers, associates and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction
XII. LIMITATION OF LIABILITY/DISCLAIMER
The features and services on the Web Site are provided on an "as is" and "as available" basis, and LATPL hereby expressly disclaims any and all warranties, express or implied, including but not limited to any warranties of condition, quality, durability, performance, accuracy, reliability, merchantability or fitness for a particular purpose. All such warranties, representations, conditions, undertakings and terms are hereby excluded. LATPL makes no representations or warranties about the validity, accuracy, correctness, reliability, quality, stability or completeness of any information provided on or through the Web Site. LATPL does not represent or warrant that the offer, display, of services offered or displayed on the Web Site does not violate any Third Party Rights; and LATPL makes no representations or warranties of any kind concerning any product or service offered or displayed on the Web site. Any material downloaded or otherwise obtained through the Web site is at the User(s) sole discretion and risk and the User(s) is solely responsible for any damage to its computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by the User(s) from Web Site or through or from the Web Site shall create or be deemed to create any warranty not expressly stated herein.
Under no circumstances shall LATPL be held liable for any delay or failure or disruption of the content or services delivered through the Web Site resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, flood, storms, explosions, Acts of God, natural calamities, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties. User(s) hereby agree to indemnify and save LATPL, its affiliates, directors, associates, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from their use of the Web Site (including but not limited to the display of User(s) information on the Web Site) or from User(s)’s breach of any of the terms and conditions of this Agreement. User(s) hereby further agree to indemnify and save LATPL, its affiliates, directors, officers, associates and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from User(s)’s breach of any representations and warranties made by the User(s) to LATPL.
LATPL shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, strict liability or otherwise or any other damages resulting from any of the following:
- The use or the inability to use the Web Site;
- Any defect in data, information or services obtained from a User(s) or a third-party service provider through the Web Site;
- Violation of Third Party Rights or claims or demands that any User(s)’s offer, display, of services offered or displayed on the Web Site may violate or may be asserted to violate Third Party Rights; or claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants;
- Unauthorized access by third parties to data or private information of any User(s);
- Statements or conduct of any User(s) of the Web Site; or
- Any matters relating to Premium Services however arising, including negligence.
All notices or demands to or upon LATPL shall be effective if in writing and shall be deemed to be duly made when sent to The Grievance officer as may be stated in this agreement. All notices or demands to or upon a User(s) 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 User(s) on the Web Site, or by posting such notice or demand on an area of the Web Site that is publicly accessible without a charge.
Notice to a User(s) shall be deemed to be received by such User(s) if and when Web Site is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User(s), or immediately upon Web Site’s posting such notice on an area of the Web Site that is publicly accessible without charge.
XIV. GOVERNING LAW AND DISPUTE RESOLUTIONS