You are prohibited from posting or transmitting any defamatory, libelous, obscene, pornographic, profane, threatening or unlawful, illegal material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law.
Track Holidays assumes no liability or responsibility arising from the contents of any communications containing any defamatory, erroneous, inaccurate, libelous, obscene or profane material. Track Holidays may change, edit, or remove any user material or conversations that are illegal, indecent, obscene or offensive, or that violates Track Holidays policies in any way.
Track Holidays will fully cooperate with any law enforcement authorities or court
order requesting or directing Track Holidays to disclose the identity of anyone
posting such materials.
Track Holidays Rights
If you send any communications or materials to the Site by electronic mail or otherwise,
including any comments, data, questions, suggestions or the like, all such communications
are, and will be treated by Track Holidays, as non confidential.
You hereby give up any and all claim that any use of such material violates any
of your rights including moral rights, privacy rights, proprietary or other property
rights, publicity rights, rights to credit for material or ideas, or any other right,
including the right to approve the way Track Holidays uses such material.
Any material submitted to this Site may be adapted, broadcast, changed, copied,
disclosed, licensed, performed, posted, published, sold, transmitted or used by
Track Holidays anywhere in the world, in any medium, forever.
Transmitted Material
Internet transmissions are never completely private or secure. You understand that
any message or information you send to this Site may be read or intercepted by others
unless there is a special notice that a particular message (for example, credit
card information) is encrypted (send in code). Sending a message to Track Holidays
does not cause Track Holidays to have any special responsibility to you.
The copyright in the contents of this website belong to Track Holidays. Accordingly
Track Holidays reserves all rights. Copying of part or all the contents of this
website without permission of Track Holidays is prohibited except to the extent
that such copying/printing is necessary for the purposes of availing of the paid
services provided.
Contests and interactions
This Site may contain contests that require you to send in material or information
about yourself or offer prizes. Each contest has its own rules, which you must read
and agree to before you participate.
Disclaimer
The material in this Site could include technical inaccuracies or typographical
errors. Track Holidays may make changes or improvements at any time.
The materials on this site are provided on an As is basis, without warranties
of any kind either expressed or implied. Information, software, products, and services
contained on this website, and the inclusion or offering of any products or services
on this website does not constitute any endorsement or recommendation of such products
or services by Track Holidays, its affiliates and their respective suppliers. To
the fullest extent permissible pursuant to applicable law, Track Holidays disclaims
all warranties of merchantability, relating to the information and description of
the hotel , air or any other travel products displayed on this website (including,
without limitation, the pricing, photographs, list of hotel amenities, general product
descriptions, etc.), much of which information is provided by the respective suppliers.
Hotel or any other ratings displayed on this website are intended as only general
guidelines, and Track Holidays, its affiliates and their respective suppliers do
not guarantee the accuracy of the ratings. Track Holidays, its affiliates and their
respective suppliers make no guarantees about the availability of specific products
and services. Track Holidays may make improvements and/or changes on this website
at any time.
Track Holidays does not warrant that the functions contained in this site will be
uninterrupted or error free, that defects will be corrected, or that this site or
the servers that make it available are free of viruses or other harmful components,
but shall endeavor to ensure your fullest satisfaction
Track Holidays does not warrant or make any representations regarding the use of
or the result of the use of the material on the site in terms of their correctness,
accuracy, reliability, or otherwise, insofar as such material is derived from other
service providers such as airlines, hotel owners and tour operators.
You acknowledge that this Website is provided only on the basis set out in these
terms and conditions. Your uninterrupted access or use of this Website on this basis
may be prevented by certain factors outside our reasonable control including, without
limitation, the unavailability, inoperability or interruption of the Internet or
other telecommunications services or as a result of any maintenance or other service
work carried out on this Website. Track Holidays does not accept any responsibility
and will not be liable for any loss or damage whatsoever arising out of or in connection
with any ability/inability to access or to use the Site.
You also acknowledge that through this Site, Track Holidays merely provides intermediary
services in order to facilitate highest quality services to you. Track Holidays
is not the lastmile service provider to you and therefore, Track Holidays shall
not be or deemed to be responsible for any lack or deficiency of services provided
by any person (airline, travel/tour operator, hotel, facility or similar agency)
you shall engage or hire or appoint pursuant to or resulting from, the material
available in this Site. Track Holidays, its affiliates, and their respective suppliers hereby disclaim all warranties and conditions with regard to this information, software,
products, and services, including all implied warranties and conditions of merchantability,
satisfactory quality, fitness for a particular purpose, title.
Track Holidays will not be liable to you or to any other person for any direct,
indirect, incidental, punitive or consequential loss, damage, cost or expense of
any kind whatsoever and howsoever caused from out of your usage of this Site. In
no event shall Track Holidays, its affiliates ,and their respective suppliers be
liable for any direct, indirect, punitive, incidental, special, or consequential
damages arising out of, or in any way connected with, your access to, display of
or use of this website or with the delay or inability to access, display or use
this website (including, but not limited to, your reliance upon opinions appearing
on this web site; any computer viruses, information, software, linked sites, products,
and services obtained through this website; or otherwise arising out of the access
to, display of or use of this website) whether based on a theory of negligence,
contract, tort, strict liability, or otherwise, and even if the Track Holidays group
companies, the Track Holidays affiliates and their respective suppliers have been
advised of the possibility of such damages.
You agree to defend and indemnify Track Holidays, its affiliates, and their respective
suppliers and any of their officers, directors, employees and agents from and against
any claims, causes of action, demands, recoveries, losses, damages, fines, penalties
or other costs or expenses of any kind or nature including but not limited to reasonable
legal and accounting fees, brought by third parties as a result of:
(a) your breach of this Agreement or the documents referenced herein; or (b) your
violation of any law or the rights of a third party
Notwithstanding anything else to the contrary contained elsewhere herein or otherwise
at law, Track Holidays liability (whether by way of indemnification to you or
otherwise) shall be restricted to a maximum of INR 1000/- (Indian Rupees One Thousand
only).
Availability
The products and services displayed on the Site may not be available for purchase
in your particular country or locality. The reference to such products and services
on the Site does not imply or warrant that these products or services will be available
at any time in your particular geographical location. You should check with your
local Track Holidays authorized representative for the availability of specific
products and services in your area.
Terms and Conditions of Use
Track Holidays may add to, change or remove any part of these Terms and Conditions
of Use at any time, without notice. Any changes to these Terms and Conditions of
Use or any terms posted on this Site apply as soon as they are posted. By continuing
to use this Site after any changes are posted, you are indicating your acceptance
of those changes.
Track Holidays may add, change, discontinue, remove or suspend any other Content
posted on this Site, including features and specifications of products described
or depicted on the Site, temporarily or permanently, at any time, without notice
and without liability.
Track Holidays reserves the right to undertake all necessary steps to ensure that
the security, safety and integrity of Track Holidays systems as well as its clients
interests are and remain, well protected.
Towards this end, Track Holidays may take various steps to verify and confirm the
authenticity, enforceability and validity of orders placed by you.
If Track Holidays, in its sole and exclusive discretion, concludes that the said
orders are not or do not reasonably appear to be, authentic, enforceable or valid,
then Track Holidays may cancel the said orders at any time up to 5 hours before
the scheduled time of departure of the relevant flight or 5 hours before the expected
date of visit to any property booked through Track Holidays.
General Provisions
You may travel to certain destinations which involve greater risks than others,
entirely at your risk as to cost and consequences.
Track Holidays requests you to consult your local authorities and evaluate travel
prohibitions, warning, announcements, and advisories issued by them before booking
travel to certain international destinations.
By offering for sale travel to particular international destinations, Track Holidays
does not represent or warrant that travel to such point is advisable or without
risk. Track Holidays does not accept liability for damages, losses, or delays that
may result from improper documents for entry, exit, length of stay, or from travel
to such destinations.
Track Holidays, its affiliates and their respective suppliers are not liable for
the acts, errors, omissions, representations, warranties, breaches or negligence
of any air carriers, hotels or other suppliers or for any personal injuries, death,
property damage, or other damages or expenses resulting there from.
Track Holidays, its affiliates and their respective suppliers have no liability
and will make no refund in the event of any delay, cancellation, overbooking, strike,
force majeure or other causes beyond their direct control, and they have no responsibility
for any additional expense, omissions, delays, rerouting or acts of any government
or authority.
Track Holidays reserves its exclusive right in its sole discretion to alter, limit
or discontinue the Site or any material posted herein, in any respect. Track Holidays
shall have no obligation to take the needs of any User into consideration in connection
therewith.
Track Holidays reserves its right to deny in its sole discretion any user access
to this Site or any portion hereof without notice.
You agree to abide by the terms and conditions of purchase imposed by any supplier
with whom you elect to deal, including, but not limited to, payment of all amounts
when due and with the suppliers rules and restrictions regarding availability and
use of fares, products, or services. You acknowledge that some thirdparty providers
offering certain services and/or activities may require you to sign their liability
waiver prior to participating in the service and/or activity they offer. You understand
that any violation of any such suppliers rules and restrictions may result in cancellation
of your reservation(s), in your being denied access to the applicable travel product
or services, in your forfeiting any monies paid for such reservation(s), and/or
in Track Holidays debiting your account for any costs we incur as a result of such
violation.
No waiver by Track Holidays of any provision of these Terms and Conditions shall
be binding except as set forth in writing and signed by its duly authorized representative.
If any dispute arises between you and Track Holidays during your use of the Site
or thereafter, in connection with and arising from your use or attempt to use this
Site, the dispute shall be referred to arbitration. The place of arbitration shall
be New Delhi. The arbitration proceedings shall be in the English language.
The said arbitration proceedings shall be governed and construed in accordance with
the Arbitration and Conciliation Act, 1996 and modifications thereof as in force
at the relevant time.
These terms and conditions are governed by and shall be construed in accordance
with the laws of the Republic of India and any dispute shall exclusively be subject
to the jurisdiction of the appropriate Courts situated at New Delhi, India.
|
