ACCEPTANCE OF TERMS
1.1 The website ("Website") is an internet based travel portal owned and operated by Max Holidays India Pvt. Ltd. (hereinafter referred as ‘Company’) a destination management company incorporated under the laws of India, with its ‘registered office’ at Delhi.
MAX HOLIDAYS INDIA PVT. LTD.
Office No. 809, B-09, ITL Twin Towers,
Netaji Subhash Palace, Pitam Pura,
New Delhi - 110034
1.2 Through the website, the Company shall provide you ("User") travel-related information, pricing, and reservations for hotels, travel packages, airlines, car rentals across India ("Services") and in other countries listed but not limited to in our tour packages, as more particularly described and defined in the ‘Booking Conditions’ relating to such services, as set out in Annex 1; These Services may be availed by the User, his family members, relatives and friends in India at any time during the year through vendors ("Service Providers").
1.3 This User Agreement ("Agreement") elaborates the terms and conditions on which the ‘Company’ shall provide the services to the User through its website networks. In addition to this Agreement and depending on the Services opted for by the User, the User shall be required to read and accept the relevant Booking Terms for such Service, which may be updated or modified from time to time by the ‘ Company’. Such conditions shall be deemed to be a part of this Agreement and in the event of a conflict between such conditions and this Agreement, the terms of this Agreement shall prevail.
1.4 Transaction on the Company website network is offered to the User on condition of acceptance without modification of all the terms, conditions and notices contained in this Agreement and the ‘Booking Conditions’, as may be posted on the website from time to time. It is clarified that use of the website (site network) by the user constitutes an acknowledgement and acceptance by the user of this Agreement and the ‘Booking Conditions’. In case of disagreement with terms, conditions and notices or any part of the same, the User must not transact on the website.
1.5 Additionally, the Service Provider may provide terms and guidelines that govern the service(s) offer or a particular feature of the same or the operating rules and policies applicable to each Service (for example: tour package, hotel reservations, flights etc.). The User shall be responsible for ensuring compliance with the terms and guidelines or operating rules and policies of the Service Provider with whom the User elects to deal, including terms and conditions set forth in a Service Providers' fare rules or contract of carriage. In the event of conflict between part/whole of the terms, conditions and notices contained in this Agreement and the additional/other terms and guidelines specified by the Service Provider the latter terms/guidelines shall prevail.
1.6 The ‘ Company’, at its sole discretion, reserves the right not to accept any order placed by the user through the website without assigning any reason thereof. Any contract to provide any service by the Company is not complete until full money towards the service Is received from the user and accepted by the ‘Company’.
MODIFICATION OF TERMS
1.7 The ‘ Company’ reserves the right to change the terms, conditions and notices under which the services are offered through the website, including but not limited to the charges for the services provided through the website. The user shall be responsible for regularly reviewing these terms and conditions.
1.9 The user agrees and undertakes not to sell, trade or resell or exploit for any commercial purposes, any portion of the Service. For the removal of doubt, it is clarified that the Website is not for commercial use but is specifically meant for personal use only.
1.10 The user further agrees and undertakes not to reverse-engineer, 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 website. Limited reproduction and copying of the content of the website is permitted provided that the name of Max Holidays India Pvt. Ltd is stated as the source. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the website is not permitted.
1.11 SINCE MAX HOLIDAYS ACTS ONLY AS A BOOKING AGENT, IT SHALL NOT HAVE ANY LIABILITY WHATSOEVER FOR ANY ASPECT OF THE ARRANGEMENTS BETWEEN THE SERVICE PROVIDER AND THE USER AS REGARDS THE STANDARDS AND TIMELINESS OF SERVICES PROVIDED BY THE SERVICE PROVIDERS. IN NO CIRCUMSTANCES SHALL MAX HOLIDAYS BE LIABLE FOR THE SERVICES PROVIDED BY THE SERVICE PROVIDER.
1.12 ALTHOUGH THE ‘ COMPANY’ MAKES REASONABLE COMMERCIAL EFFORTS TO ENSURE THAT THE DESCRIPTION AND CONTENT IN THE TOS AND ON EACH PAGE OF THE WEBSITE IS CORRECT, IT DOES NOT, HOWEVER, TAKE RESPONSIBILITY FOR CHANGES THAT OCCURRED DUE TO HUMAN OR DATA ENTRY ERRORS OR FOR ANY LOSS OR DAMAGES SUFFERED BY ANY USER DUE TO ANY INFORMATION CONTAINED HEREIN. ALSO, THE ‘ COMPANY’ IS NOT THE SERVICE PROVIDER AND CANNOT THEREFORE CONTROL OR PREVENT CHANGES IN THE PUBLISHED DESCRIPTIONS WHICH ARE BASED UPON INFORMATION PROVIDED BY THE SERVICE PROVIDERS.
1.13 THE COMPANY DOES NOT, BY OFFERING TRAVEL RELATED SERVICES TO PARTICULAR DESTINATIONS, REPRESENT OR WARRANT THAT TRAVEL TO SUCH DESTINATIONS IS WITHOUT RISK, AND SHALL NOT BE LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.
1.14 IN NO EVENT SHALL THE ‘COMPANY’ BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SERVICES; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF THE USER'S TRANSMISSIONS OR DATA; (D) ANY OTHER MATTER RELATING TO THE SERVICES; 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 WEBSITE.
NEITHER SHALL THE ‘COMPANY’ BE RESPONSIBLE FOR THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES 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. FURTHER, THE ‘ COMPANY’ SHALL NOT BE HELD RESPONSIBLE FOR NON-AVAILABILITY OF THE WEBSITE DURING PERIODIC MAINTENANCE OPERATIONS OR ANY UNPLANNED SUSPENSION OF ACCESS TO THE WEBSITE THAT MAY OCCUR DUE TO TECHNICAL REASONS OR FOR ANY REASON BEYOND CONTROL OF THE ‘ COMPANY. THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE 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.
THESE LIMITATIONS, DISCLAIMER OF WARRANTIES AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW.
THE MAXIMUM LIABILITY ON PART OF THE ‘COMPANY’ 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.
USE OF COMMUNICATION SERVICES
1.15 The Website may contain services such as email, chat, bulletin board services, news updates, articles, blogs, information related to various tourist spots, news groups, forums, communities, personal web pages, calendars, and/or other message (hereinafter collectively referred to as "Communication Services"). The User agrees and undertakes 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, the User agrees and undertakes that when using a communication service, the user will not:
(a) Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
(b) Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
(c) Upload files that contain software or other material protected by intellectual property laws unless the User owns or controls the rights thereto or have received all necessary consents;
(d) Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the website or another's computer;
(e) Advertise or offer to sell or buy any goods or services for any business purpose, unless such communication service specifically allows such messages;
(f) Conduct or forward surveys, contests, pyramid schemes or chain letters;
(g) download any file posted by another user of a communication service that the user know, or reasonably should know, cannot be legally distributed in such manner;
(h) 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;
(i) Violate any code of conduct or other guidelines, which may be applicable for or to any particular communication service;
(j) Violate any applicable laws or regulations for the time being in force in or outside the region of travel; and
(k) Violate any of the terms and conditions of this Agreement or any other terms and conditions for the use of the website contained elsewhere herein.
1.16 The ‘ Company’ has no obligation to monitor the communication services. However, it reserves the right to review materials posted through communication service and to remove any materials in its sole discretion. The ‘ Company’ reserves the right to terminate the user's access to any or all of the communication services at any time without notice for any reason whatsoever.
1.17 The ‘ Company’ reserves the right to charge listing fees for certain listings, as well as transaction fees based on certain completed transactions using services of the ‘Company’. The ‘Company’ further reserves the right to alter any and all fees from time to time, without notice.
The User shall be liable to pay all applicable charges, fees, duties, taxes, levies and assessments for availing the services of the ‘ Company’. Any additional Govt taxes or hike in service price due to any sudden change in the currency rate, diesel/petrol charges, road tax, toll taxes and/or any other element of the travel service shall also be payable by the user availing services of the ‘ Company’.
1.18 Registration of the user on the website is optional. If the user opts to register himself on the website, upon completion of the registration process, the user shall receive a user id and password. The user agrees and undertakes at all times to be responsible for maintaining the confidentiality of the password and user id, and shall be fully responsible for all activities that occur by use of such password or user id. Further, the user agrees not to use any other party's under id and password for any purpose whatsoever without proper authorization from such party.
1.19 User is responsible for the security of his password and for all transactions undertaken using the same through our service. The Password entered by the user is transmitted in one-way encrypted form to our database and stored as such. Thus the Password may not be known even to the ‘ Company’ User confirms that he is the authorized holder of the credit card or the original account used in the transactions on the Max Holidays India Pvt. Ltd. websites. The ‘ Company’ will not be responsible for any financial loss, inconvenience or mental agony resulting from misuse of your ID/password/credit card number/account details number for using Max Holidays India Pvt. Ltd. services.
1.20 THE USER ALSO AGREES AND UNDERTAKES TO IMMEDIATELY NOTIFY THE COMPANY OF ANY UNAUTHORIZED USE OF THE USER'S PASSWORD OR USER ID AND TO ENSURE THAT THE USER LOGS OFF AT THE END OF EACH SESSION AT THE WEBSITE. THE ‘COMPANY’ SHALL NOT BE RESPONSIBLE FOR ANY, DIRECT OR INDIRECT, LOSS OR DAMAGE ARISING OUT OF THE USER'S FAILURE TO COMPLY WITH THIS REQUIREMENT.
1.21 The User also agrees to:
(a) provide true, accurate and complete information about himself and his beneficiaries as prompted by the registration form ("Registration Data") on the Website, and
(b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If the User provide any information that is untrue, inaccurate, not current or incomplete or Max Holidays India Pvt. Ltd. has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, The Company has the right to suspend or terminate the User's registration and refuse any and all current or future use of the website and/or any service.
USER'S OBLIGATIONS AND USER ACCOUNT
1.22 In consideration of use of the website, the user represent and confirm that the user is of legal age to enter into a binding contract and is not a person barred from using the Website and/or receiving the services under the laws of India or other applicable law.
1.23 THE ‘ COMPANY’ MAY AT ANY TIME IN ITS SOLE DISCRETION REINSTATES SUSPENDED USERS. ONCE THE USER HAVE BEEN INDEFINITELY SUSPENDED THE USER MAY NOT REGISTER OR ATTEMPT TO REGISTER WITH THE ‘ COMPANY’ OR USE THE WEBSITE IN ANY MANNER WHATSOEVER UNTIL SUCH TIME THAT THE USER IS REINSTATED BY THE ‘ COMPANY’ NOTWITHSTANDING THE FOREGOING, IF THE USER BREACHES THIS AGREEMENT, THE BOOKING CONDITIONS OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, THE ‘ COMPANY’ RESERVES THE RIGHT TO RECOVER ANY AMOUNTS DUE AND OWING BY THE USER TO THE ‘ COMPANY’ AND/OR THE SERVICE PROVIDER AND TO TAKE STRICT LEGAL ACTION AS THE ‘ COMPANY’ DEEMS NECESSARY.
TERMINATION OF AGREEMENT AND SERVICES
1.24 Either the User or THE ‘ Company’ may terminate this Agreement and a service with or without cause at any time to be effective immediately
1.25 The user agrees that the ‘ Company’ may under certain circumstances and without prior notice, immediately terminates the user's user id and access to the website/services. causes for termination may include, but shall not be limited to, breach by the user of this Agreement or the Booking Conditions, requests by enforcement or government agencies, requests by the user, non-payment of fees owed by the user in connection with the services as specified in the applicable Booking Conditions.
a) discontinue use of the website/service; and
b) notify the Company of such discontinuance.
1.27 Upon termination of the service, user's right to use the website/services and software shall immediately cease. The user shall have no right and the ‘Company’ shall have no obligation thereafter to execute any of the user's uncompleted tasks or forward any unread or unsent messages to the User or any third party. Once the user's registration or the Services are terminated, cancelled or suspended, any data that the user has stored on the website may not be retrieved later
1.28 Online Card Payments
Visa and MasterCard payments are processed through a secure online payment gateway system through our website www.maxholidays.com You need not worry about your credit card information falling into the wrong hands because your bank will authorize the credit card transaction directly without any information passing through us. In approximately 25-30 seconds (depending on your Internet connection) your bank will issue, using the online payment gateway, an authorization code and confirmation of completion of transaction(s).
The payment gateway on www.maxholidays.com (website network), is powered by Dialect and it uses the latest 128 bit encryption technology and other sophisticated methods to protect your credit card information. You can book your product using SSL encryption (the internet standard for secure transactions). In fact, transacting online with a credit card at the website is even safer than using a credit card at a restaurant because we do not retain your credit card information. You can be assured that Max Holidays India Pvt. Ltd. offers you the highest standards of security currently available on the Internet so as to ensure that your transaction experience is private, safe and secure.
1.30 Payment Declination
If the payment on the credit card is declined for some reason, alternate payment instructions must be received by you from the ‘ Company’; failure to make payment on time may result cancellation of your order and all previous payments will be forfeited.
You are responsible for the security of your password and for all transactions undertaken using your password through our service. The password entered by you is transmitted in one- way encrypted form to our database and stored as such. Thus the password will not be known even to the ‘ Company’. You confirm that you are the authorized holder of the credit card or the original account holder used in the transactions you make using the Max Holidays India Pvt. Ltd. services. The ‘ Company’ will not be responsible for any financial loss, inconvenience or mental agony resulting from misuse of your ID/password/credit card number/account details number for using Max Holidays India Pvt. Ltd. services.
1.32 Transaction confirmation
You should not take any action based on information on the website until you have received a confirmation of your transaction. In case of confirmations to be received by email, if you do not receive a confirmation of your purchase/transaction within the stipulated time period, first look into your "spam" or "junk" folder to verify that it has not been misdirected, and if still not found, please contact Max Holidays India Pvt. Ltd.
1.33 INTERPRETATION OF NUMBER AND GENDERS
The terms and conditions herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine and feminine. The words "include", "includes" and "including" shall be deemed to be followed by the phrase "without limitation". Unless the context otherwise requires, the terms "herein", "hereof", "hereto", "hereunder" and words of similar import refer to this Agreement as a whole.
1.34 GOVERNING LAW
THIS AGREEMENT AND EACH TOS SHALL BE GOVERNED BY AND CONSTRUCTED IN ACCORDANCE WITH THE LAWS OF INDIA WITHOUT REFERENCE TO CONFLICT OF LAWS PRINCIPLES AND DISPUTES ARISING IN RELATION HERETO SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE COURTS OF NEW DELHI.
All notices and communications (including those related to changes in the Booking Terms, Service, termination of service etc., shall be in writing, in English and shall deemed given if delivered personally or by commercial messenger or courier service, or mailed by registered or certified mail (return receipt requested) or sent via email/facsimile (with acknowledgment of complete transmission) to the following address:
(a) If to the ‘ Company’, at email@example.com under CC at firstname.lastname@example.org or at the address posted on the website.
(b) If to a non-registered user, at the communication and/or email address specified in the application form availing of a service by the Company.
(c) If to a registered user, at the communication and/or email address specified in the registration form.
(d) Notice shall be deemed to have been served 48 hours after it has been sent, dispatched, displayed, as the case may be, unless, where notice has been sent by email, it comes to the knowledge of the sending party, that the email address is invalid.
User hereby understands and agrees that the use KAILASH-YATRA.ORG is at user's sole risk. Neither KAILASH-YATRA.ORG, its affiliates nor any of their respective employees, agents, third party content providers or licensors warrant that KAILASH-YATRA.ORG will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of KAILASH-YATRA.ORG, or as to the accuracy, reliability or content of any information, service, or merchandise provided through KAILASH-YATRA.ORG.
KAILASH-YATRA.ORG is provided on an "as is" basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement.
This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action. KAILASH-YATRA.ORG does not warrant that defects would be corrected or make any representations regarding the use or the results of the use of the materials in this site in terms of their correctness, accuracy, reliability, or otherwise. You (and not KAILASH-YATRA.ORG) assume the entire cost of all necessary servicing, repair or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. User specifically acknowledges that KAILASH-YATRA.ORG is not liable for the defamatory, offensive or illegal conduct of other users or third-parties and that the risk of injury from the foregoing rests entirely with user.
In no event will KAILASH-YATRA.ORG, or any person or entity involved in creating, producing or distributing KAILASH-YATRA.ORG or the KAILASH-YATRA.ORG software, be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use KAILASH-YATRA.ORG user hereby acknowledges that the provisions of this section shall apply to all content on KAILASH-YATRA.ORG.
In addition to the terms set forth above, neither KAILASH-YATRA.ORG, nor its affiliates, information providers or content partners shall be liable regardless of the cause or duration, for any errors, in accuracies, omissions, or other defects in, or untimeliness or unauthenticity of, the information contained within KAILASH-YATRA.ORG, or for any delay or interruption in the transmission there of to the user, or for any claims or losses arising there from or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages. Neither KAILASH-YATRA.ORG nor its affiliates, information providers or content providers warrant or guarantee the timeliness, sequence, accuracy or completeness of this information. Additionally, there are no warranties as to the results obtained from the use of the information. The information and content included on the website may change without notice.
Copyright @ 2015 Max Holidays India Pvt. Ltd. All rights reserved
All content included on this website, including the information, data, software, graphs, video, typefaces, graphics, music, sounds, images, illustrations, maps, designs, icons, written and other material and compilations (collectively, "Content") are intellectual property and copyrighted works of Max Holidays India Pvt. Ltd. Any unauthorized commercial exploitation, copy or reproductions or storage of information or works retrieved from this website, in all forms, media and technologies now existing or hereafter developed, is an offence and subject to the Copyright Act.
The website name and logo is a Trade Mark of the Company. Other product and company names identified on this website may be the Trade Mark, Trade Name, Service Mark, Logo, Symbol or other proprietary designation of a third party. The use on this website of any name, trademark, trade name, service mark, logo, symbol or other proprietary designation or marking of or belonging to any third party, and the availability of specific goods or services from such third party through this website, should not be construed as an endorsement or sponsorship of this website by any such third party, or the participation by such third party in the offering of goods, services or information through this website.
Using our company or business name, logo, designs, or other trademark-protected materials in a manner that may mislead or confuse others with regard to its brand or business affiliation may be considered a trademark policy violation.