> Fascinating Disclaimer
AGREEMENT BETWEEN USER AND HOLIDAYINDIA.NET
holidayindia.net web site is operated by Fascinating Holiday and its affiliates (collectively, the 'HI’ web sites').
The Fascinating Holiday web sites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Fascinating Holiday web site constitutes your agreement to all such terms, conditions, and notices. If you do not agree with any part of the following terms, conditions and notices, you must not use the services of Fascinating Holiday
Additionally, the Fascinating Holiday web site may contain terms that govern particular features or offers (for example, packages, flights etc.) In the event that any of the terms, conditions, and notices contained herein conflict with the additional terms or other terms and guidelines contained with in Fascinating Holiday web site, then these terms shall prevail.
Fascinating Holiday reserves the right to change the terms, conditions, and notices under which the Fascinating Holiday web sites are offered, including but not limited to the charges associated with the use of the HOLIDAY INDIA web site. You are responsible for regularly reviewing these terms and conditions. Fascinating Holiday has endeavored to ensure that all the information on the Fascinating Holiday site is correct, but Fascinating Holiday neither warrants nor makes any representations regarding the accuracy or completeness of any data or information contained.
Unless otherwise specified, the Fascinating Holiday web site is not for commercial use. It is specifically meant for personal use only. The user shall not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from this site.
ALTERATION IN PUBLISHED DESCRIPTION / CONTENT
Although Company Fascinating Holiday makes every effort to ensure that the description and content on each page of the site is correct, it does not, however, take responsibility for changes occurred due to human, data entry errors or for any loss or damages suffered by any user due to any information contained herein. Also, Fascinating Holiday does not own or operate airlines and other suppliers and cannot therefore control or prevent changes in the published descriptions. Fascinating Holiday, therefore, reserves the right to make such changes and in the event of you placing an order with us or choosing to avail of our services, the same will be communicated to you before the confirmation invoice is made.
LIABILITY OF HOLIDAY INDIA
Since Fascinating Holiday acts only as a booking agent, it has no liability whatsoever for any aspect of the arrangements between the supplier and the customer as regard to the standard of service. In no circumstances shall Fascinating Holiday will be liable for the services provided by the supplier.
LINKS TO THIRD PARTY SITES
The Fascinating Holiday web sites may contain links to other web sites ("Linked Sites"). The Linked Sites are not under the control of HOLIDAY INDIA and Fascinating Holiday is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Fascinating Holiday is not responsible for any form of transmission, whatsoever, received from any Linked Site. Fascinating Holiday is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the site or any association with its operators or owners including the legal heirs or assigns thereof.
PROHIBITION AGAINST UNLAWFUL USE
As a condition of your use of the Fascinating Holiday web sites, the user warrants that they will not use the Fascinating Holiday web site for any purpose that is unlawful or illegal under any law for the time being in force within or outside India or prohibited by these terms, conditions, and notices. In addition the Site shall not be used in any manner, which could damage, disable, overburden, or impair it or interfere with any other party's use and/or enjoyment of the Site. The user shall refrain from obtaining or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
USE OF COMMUNICATION SERVICES
The Fascinating Holiday web sites may contain services such as email, chat, bulletin board services, information related to various tourist spots, news groups, forums, communities, personal web pages, calendars, and/or other message (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
· Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
· Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
· Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
· Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
· Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
· Conduct or forward surveys, contests, pyramid schemes or chain letters.
· Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
· Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
· Violate any code of conduct or other guidelines, which may be applicable for or to any particular Communication Service.
· Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
· Violate any applicable laws or regulations for the time being in force in or outside India.
Fascinating Holiday has no obligation to monitor the Communication Services. However, Fascinating Holiday reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Fascinating Holiday reserves the right to terminate the user’s access (es) to any or all of the Communication Services at any time without notice for any reason whatsoever.
Fascinating Holiday reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in HOLIDAY INDIA 's sole discretion.
The user should take particular care while disclosing any identifying information in any Communication Service, which may be identifiable.
Fascinating Holiday does not control or endorse the content, messages or information found in any Communication Service and, therefore, HOLIDAY INDIA specifically disclaims any liability with regard to the Communication Services and any actions resulting from the users participation in any Communication Service.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination, User is responsible for adhering to such limitations if they download the materials.
Fascinating Holiday reserves the right, in its sole discretion, to terminate the access to any or all Fascinating Holiday web sites and the related services or any portion thereof at any time, without notice.
THIRD PARTY ACCOUNT INFORMATION
By using the Account Access service, the user authorizes Fascinating Holiday and its agents to access third party sites designated by them or on their behalf for retrieving requested information, thereby appointing Fascinating Holiday and its agents as their agent for this limited purpose. While registering the user will choose a password and is responsible for maintaining the confidentiality of the password and account. The user is fully responsible for all activities that occur while using their password or account. It is the duty of the user to notify HOLIDAY INDIA immediately of any unauthorized use of their password or account or any other breach of security. Fascinating Holiday will not be liable for any loss that may be incurred by the user as a result of unauthorized use of their password or account, either with or without their knowledge. The user shall not use anyone else's password at any time.
Fascinating Holiday reserves the right to charge listing fees for certain listings, as well as transaction fees based on certain completed transactions using the Services. Fascinating Holiday further reserves the right to alter any and all fees from time to time, without notice.
The user shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of the Services.
USING THE SERVICES
Fascinating Holiday is responsible only for the transactions that are done by the user through Fascinating Holiday. Fascinating Holiday will not be responsible for screening, censoring or otherwise controlling transactions, including whether the transaction is legal and valid as per the laws of the land of the user. The user warrants that they will abide by all such additional procedures and guidelines, as modified from time to time, in connection with the use of the services. The user further warrants that they will comply with all applicable laws and regulations regarding use of the services.
In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular Fascinating Holiday web site, then these terms shall control.
HOLIDAYINDIA.com (HI) is not responsible for any errors, omissions or representations on any of our pages or on any links on any of their pages. Fascinating Holiday does not endorse any advertiser on our web pages in any manner. The users are requested to verify the accuracy of all information on their own before undertaking any reliance.
The linked sites are not under the control of Fascinating Holiday and HOLIDAY INDIA is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Fascinating Holiday is providing these links to the users only as a convenience, and the inclusion of any link does not imply endorsement of the site by Fascinating Holiday.
Fascinating Holiday hereby expressly disclaims any implied warranties imputed by the laws of any jurisdiction. Fascinating Holiday considers itself and intends to be subject to the jurisdiction only of the courts of NCT of Delhi, India. If the user does not agree with any of the disclaimers above they are advised not to read the material on any of the Fascinating Holiday pages. The user expressly agrees that use of the services is at their sole risk. The services are provided on an "as is" and "as available" basis. Fascinating Holiday may change the features or functionality of the services at any time, in their sole discretion. Fascinating Holiday expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. The information, software, products, and services included in or available through the Fascinating Holiday web sites may include inaccuracies or typographical errors. Changes are may be periodically added to the information herein. Fascinating Holiday may make improvements and/or changes in the Fascinating Holiday web sites at any time. Any advice received except through an authorized representative of Fascinating Holiday via the Fascinating Holiday web sites should not be relied upon for any decisions. Fascinating Holiday at its sole discretion reserves the right not to accept any customer order without assigning any reason thereof. Any contract to provide any service by Fascinating Holiday is not complete until full money towards the service is received from the customer and accepted by Fascinating Holiday. The maximum liability on part of Fascinating Holiday arising under any circumstances, in respect of any services offered on the site, shall be limited to the refund of total amount received from the customer for availing the services less any cancellation, refund or others charges, as may be applicable. In no case the liability shall include any consequential loss, damage or additional expense whatsoever.
In no event shall Fascinating Holiday and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Fascinating Holiday web site(s). Neither shall Fascinating Holiday be responsible for the delay or inability to use the Fascinating Holiday web sites or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Fascinating Holiday web site(s), or otherwise arising out of the use of the Fascinating Holiday web site(s), whether based on contract, tort, negligence, strict liability or otherwise. The user understands and agrees any material and/or data downloaded or otherwise obtained through the use of the Service is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.
Fascinating Holiday may provide the user with content such as sound, photographs, graphics, video or other material contained in sponsor advertisements or information. This material may be protected by copyrights, trademarks, or other intellectual property rights and laws. The user may use this material only as expressly authorized by HOLIDAY INDIA and may not copy, transmit or create derivative works of such material without express authorization.
The user acknowledges and agrees that they shall not upload post, reproduce, or distribute any content on or through the Services that is protected by copyright or other proprietary right of a third party, without obtaining the permission of the owner of such right. Any copyrighted or other proprietary content distributed with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject the user to personal liability or criminal prosecution.
Fascinating Holiday reserves the right to change the terms, conditions, and notices under which the Fascinating Holiday web sites are offered, including but not limited to the charges. The user is responsible for regularly reviewing these terms and conditions.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, the Fascinating Holiday web sites are for your personal and non-commercial use. The user may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Fascinating Holiday web site(s).