The following terms and conditions ("Terms" or "Terms of Use") apply to the use of our website www.Holidify.com ("Website") including the Trip Request (as defined below) services offered on the Website (the "Services"), and any content and functionality offered on or through our Website. These Terms are entered into between Holidify Travels Private Limited ("Holidify" or "we" or "us" or "our"), a company incorporated under the Companies Act, 2013 with its registered office at C-4E, PRT-8/294, JANAKPURI, WEST DELHI NEW DELHI: 110058 and the users of the Website ("you" or "your" or "yourself" or "user").By accessing and using this Website, you agree to each of the Terms set forth herein. If you do not agree to these Terms, please do not use the Website or Services.
By accessing the Website, you are agreeing to be bound by these Terms, all applicable laws and regulations, and agree that you are responsible for compliance with any local laws applicable to you. If you do not agree with any of these terms, you are prohibited from using or accessing this Website. The materials contained in this Website are protected by applicable copyright and trademark laws. You hereby provide your unconditional consent or agreements to us, as provided under Section 43A and Section 72A of the Information Technology Act, 2000.
These Terms is an electronic record in the form of an electronic contract formed under the Information Technology Act, 2000 and the rules made thereunder and the amended provisions pertaining to electronic documents / records in various statutes as amended by the Information Technology Act, 2000. These Terms of Use does not require any physical, electronic or digital signature.
Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Website and/or Services. If you are a minor i.e. under the age of 18 years but at least 13 years of age you may use the Website only under the supervision of a parent or legal guardian who agrees to be bound by these Terms.
If you submit your contact information and trip details through the Website (a "Trip Request"), Holidify will pass your Trip Request to up to three (3) Travel Agents (as defined below); except that if one of the Travel Agents is unable to service your itinerary, Holidify may submit your Trip Request to additional Travel Agents until such time as you have been connected with three (3) Travel Agents that may service your Trip Request.
The Trip Request may be called "Get Offers" or "Get Quotes" or other similar terms on the Website. All these terms and buttons do the same thing and will be referred to as Trip Request.
By submitting your Trip Request, you authorize Holidify to pass your Trip Request to Travel Agents and you are expressly inviting Travel Agents to contact you by telephone or email according to the preferences submitted by you at the numbers and email addresses you have provided in the Trip Request. You hereby consent to any such calls even if your phone number is on any Do Not Call list. By submitting a Trip Request, you furthermore authorize Holidify to follow up with you with respect to a Trip Request submitted by you and to contact you regarding any future Holidify promotions, Services or other Services. By choosing to give your number to use our Services, you give your consent to receive SMS from Holidify. There is no charge or fee to you for submitting a Trip Request on Holidify.
For the purposes of these Terms, a "Travel Agent" is any person or entity who acts as an agent or a supplier of, sells or offers for sale any travel, transportation or vacation related services or arrangements.
HOLIDIFY IS NOT A TRAVEL AGENT. Holidify does not endorse or recommend the products or services of any particular Travel Agent. Your interactions with Travel Agents or persons or entities ("Other Parties") arising out of any dealings with a Travel Agent, this Website or Services, including engagement of services, payment and delivery of services, or any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such Travel Agents or Other Parties. You should make adequate investigation before proceeding with any online or offline transaction with any Travel Agent or Other Parties.
Website- Merely A Venue/Platform: The Website acts as a match-making platform for user(s) to negotiate and interact with Travel Agent or Other Parties for services or for entering into negotiations in respect thereof. Holidify or the Website are not parties to any negotiations that take place between the you and Travel Agent / Other Parties; and are further not parties to any agreement including an agreement for services or otherwise, concluded between the you and any Travel Agent / Other Parties. Holidify 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 Website or the ability of the Travel Agent or Other Parties providing services to complete a service or the ability of users availing services to complete a transaction.
While we collect basic KYC documents from Travel Agents. Users are cautioned that there may be risks of dealing with people acting under false pretences on the Website. Holidify cannot and does not confirm each Travel Agent’s purported identity on the Website, if it is itself subjected to fraudulent practice. Holidify encourages Users to transact with common prudence and evaluate the Travel Agents on its own with whom they would like to deal with
The Trip Request service relies on statements made by Travel Agents and user feedback and reviews to determine which Travel Agents to include in its database. Travel Agents and Other Parties are independent parties over which we have no control. The information and description given about the Travel Agents and their products are based on our inquiries and are believed to be accurate, but we cannot guarantee in respect thereof.
We have no liability in case of any deficiency in services provided by Travel Agents and Other Parties and will not be liable to refund any amount that may have been paid by you to Travel Agents and/or Other Parties, due to any reason whatsoever, including but not limited to delay, cancellation, overbooking, strike, force majeure, terrorism, any fraudulent transaction and any other causes. We have no control and are not responsible for any additional expenses, delays, omissions, re-routing, or of acts of interreference by the government or legal authorities. No refund requests owing to cancelled or fulfilled leads would be entertained as these are beyond the scope of the Service since we have no role in monitoring the deal finalization, transactions or preferences of the users.
As a condition of your use of the Website and Services, you agree that you will not use the Website or Services for any purpose that is unlawful or that is prohibited by these Terms. You may not use the Website or Services in any manner that could damage, disable, overburden, or impair the Website or Services (or the network(s) connected to the Website or Services) or interfere with any other party’s use and enjoyment of the Website or Services. You may not attempt to gain unauthorized access to the Website or Services, other accounts, computer systems or networks connected to the Website or Services through hacking, password mining or any other means. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website or Services.
Holidify has the right to take any of the following actions in its sole discretion at any time and for any reason without giving you any prior notice:
You agree to (a) immediately notify Holidify of any unauthorized use of your account information or any other breach of security; and (b) ensure that you exit from your account at the end of each session. Holidify cannot and will not be liable for any loss or damage arising from your failure to comply with this section. You may be held liable for losses incurred by Holidify or any other user of or visitor to the Website due to authorized or unauthorized use of your account as a result of your failure in keeping your account information secure and confidential. You shall ensure that the account information provided by you in the Website’s registration form is complete, accurate and up-to-date. Use of another user’s account information for availing the services is expressly prohibited. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Holidify has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Holidify has the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof).
If you register with Holidify, Holidify will allow you to have an individual password selected by you, which will allow Holidify to establish a user account and process your Trip Request(s). You are responsible for keeping your password confidential and you are fully responsible for all activities that occur with the use of your password or account. You agree that you will not share your password with anyone else and if you discover any unauthorized use, you will immediately inform Holidify of such use.
From time to time, you may post or otherwise make available certain postings including Travel Agent feedback, reviews, ratings and testimonials (collectively, the "User Postings") on the Website or in response to Holidify generated emails. You understand that the posting or otherwise making available of such User Postings is the sole responsibility of the person or entity from whom such User Posting originated.
You agree that you are entirely responsible for each individual item of User Posting that you post or otherwise
make available via the Website and you shall not post or otherwise make available postings that are of the following nature:
(i) unlawful, harmful, deceptive, threatening, abusive, harassing, defamatory, invasive of another's privacy
, vulgar, obscene, or otherwise objectionable material;
(ii) harasses, degrades, intimidates or hateful toward an individual or group of individuals on the basis
of religion, gender, sexual orientation, race, ethnicity, age, or disability;
(iii) transmitting material that encourages conduct that constitutes a criminal offence or results in civil
liability or otherwise breaches any relevant laws, regulations or code of practice; and/or
(iv) use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party
software designed to modify or interfere with the Service.
You understand that Holidify does not control, and is not responsible for User Postings made available
through the Website, and that by using the Website or Services, you may be exposed to User Postings that are
defamatory, offensive, indecent, inaccurate, misleading, or otherwise objectionable. You acknowledge that Holidify
does not pre-screen or approve User Postings, but that Holidify shall have the right in its sole discretion to
refuse, delete or move any User Postings that are available via the Website or Holidify generated emails, for
violating the letter or spirit of these Terms or for any other reason.
You agree that you must evaluate, and bear all risks associated with the use of any User Postings, that
you may not rely on said User Postings, and that under no circumstances will Holidify be liable in any way
for any User Postings or for any loss or damage of any kind incurred as a result of the use of any User
Postings posted or otherwise made available via the Website or Holidify generated emails.
We respect other people's rights, and expect you to do the same.
Holidify grants you a non-exclusive, non-transferable, non-sublicensable, limited and revocable license
to access the Website and, if you register, the Services for the purpose of making legitimate connections
with Travel Agents and for no other purpose. Holidify reserves and retains all rights, including without
limitation all intellectual property rights, in the Website and Services, and grants a limited license as
expressly provided in the aforesaid paragraph.
All content that is made available in connection with the Website and Services is protected under copyright
laws and international conventions and is owned by Holidify.
Any reproduction, modification, creation of derivative works from or redistribution of any portion of the
Website or Services to any other server or location for further reproduction or redistribution is prohibited,
without the express written consent of Holidify. You may not decompile or disassemble, reverse engineer or
otherwise attempt to discover any source code contained in the Website or Services. Without limiting the
foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes,
any aspect of the Website or Services.
You grant, and you represent and warrant that you have the right to grant, to Holidify an irrevocable,
perpetual, non-exclusive, fully paid, royalty free, worldwide license to use, copy, perform, display,
and distribute your User Feedback and to prepare derivative works of, or incorporate into other works,
your User Feedback, and to grant and authorize sublicenses (through multiple tiers) of the foregoing.
All trademarks, logos, and service marks (collectively the "Marks") used in the Website and Services
are the property of Holidify or their respective owners. Your access to the Website and Services should
not be construed as the granting, by implication or otherwise, any license or right to use any marks or
any other proprietary rights, without the prior written consent of Holidify or the third-party owner
thereof, as shall be relevant.
The Website and Services may contain images of and/or links to third-party websites, whether in the form of advertising or otherwise ("Linked Websites"). The Linked Websites are not under the control of Holidify, and Holidify is not responsible for the contents of any Linked Website. Holidify is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Holidify of the site or any association with its operators.
Holidify is not responsible for any interactions between you and any Travel Agents, Other Parties or any other third parties, arising out of your use of this Website or Services.
The information, User Postings, and services included in or available through the Website or Holidify-generated emails may include inaccuracies or typographical errors.
Holidify makes no representations or warranties about the results that may be obtained by using the Services or the suitability, reliability, availability, timeliness, lack of viruses or other harmful components, and accuracy of the information, user postings, services, and related graphics contained within the Website for any purpose. All such information, user postings, services, and related graphics are provided “as is” without warranty of any kind. Holidify hereby disclaims all warranties and conditions with regard to this information, User Postings, services, and related graphics, including all implied warranties and conditions of merchantability, fitness for a particular purpose, workmanlike effort, title, and non-infringement.
Notwithstanding anything contained herein, Holidify accepts no liability if it is unable to perform a service as a result of: (i) a technical problem which is not in its control or for which it is not responsible; or (ii) the non or partial performance of another party upon which it is dependent to perform a service.
Holidify cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
Modifications and Interruption to the Services: We reserve the right to modify or discontinue all or any portion of our Services with or without notice to you. We will not be liable if we choose to exercise this right. You acknowledge and accept that we do not guarantee continuous, uninterrupted or secure access to our Services, or that operation of our Services will be uninterrupted or error free. You understand that usage of our Services may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
You shall indemnify and hold harmless Holidify, its owner, licensee, affiliates (as applicable) and their
respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable
attorneys' fees, made by any third party or penalty imposed due to or arising out of your breach of these Terms,
Privacy Policy (as defined below) and other terms and conditions, or your violation of any law, rules or regulations
or the rights (including infringement of intellectual property rights) of a third party.
In no event shall Holidify 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 related with the use of the Website, Trip Request, or Services (including, without
limitation, services provided by Travel Agents or other parties), with the delay or inability to use the Website
or Services, the provision of or failure to provide Services, or for any information, user content, service, and
related graphics obtained through the Website, or otherwise arising out of the use of the Website, whether based
on contract, tort, negligence, strict liability, or otherwise. If you are dissatisfied with any portion of the
Website or Services, or with any of these Terms, your sole and exclusive remedy is to discontinue using the Website and Services.
If there is a dispute between you and any Travel Agent or other party arising out of or related to the Trip
Request and/or the Services, you understand and agree that Holidify is under no obligation to become involved.
In the event that you have such a dispute, you hereby release Holidify, its officers, employees, agents, successors,
and assigns from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown,
suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes.
You also agree that in case Holidify is included in any such dispute or legal proceedings, Holidify shall be
entitled to get its name removed from such legal proceedings, and these Terms shall be binding on you, and
shall be deemed to be an authorization by you to get Holidify's name removed from any such legal proceedings.
You agree that as Holidify does not charge any fee for Services provided to you, there is no consideration
flowing from you to Holidify, and hence Holidify cannot be legally liable to you for any part of the Services.
If you do pursue any legal case against a Travel Agent, our role shall be limited to providing you with
the identification documents that we have collected from such Travel Agent, to enable you to take recourse
against the delinquent Travel Agent directly.
Please report any violations of these Terms of which you become aware by flagging the posting(s) for review, or by emailing to [email protected]. Holidify's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.
Holidify's collection and use of information about you is subject to our Privacy Policy.
You acknowledge that Holidify retains the right to add, delete, modify, discontinue, or to make any change whatsoever in the Website and Services, or any aspect or feature thereof, as Holidify in its sole discretion deems appropriate.
Holidify reserves the right to change/modify these Terms at any time. Updated versions of the Terms will appear on this Website or Services and shall be effective immediately. You are responsible for regularly reviewing these Terms. Continued use of the Website or Services after any such change constitutes your consent to such changes/modifications.
When you use the Website or send emails or other data, information or communication to us, you agree and understand that you are communicating with us through electronic records and you consent to receive communications via electronic records from us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.
These terms and conditions are governed by and construed in accordance with the laws of India and you irrevocably submit to the exclusive jurisdiction of the courts in Bengaluru, India.
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