1. Your relationship with Health & Holiday
- 1.1. Your use of www.healthandholiday.co.in products, software, services and web sites (referred to collectively as the “Services” in this document and excluding any services provided to you by www.healthandholiday.co.in under a separate written agreement) is subject to the terms of a legal agreement between you and www.healthandholiday.co.in Health & Holiday is an Unit of Country Tours Net Which Is a Proprietorship Concern whose principal place of business is at 3 - A, Main Market, Near PKT - D, Fire Station, MCD Dispensary, Sarita Vihar New Delhi – 110076 (INDIA). This document explains how the agreement is made up, and sets out some of the terms of that agreement.
- 1.2. Unless otherwise agreed in writing with www.healthandholiday.co.in , your agreement with www.healthandholiday.co.in will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the “Universal Terms”.
- 1.3. Your agreement with www.healthandholiday.co.in will also include the terms of any Legal Notices applicable to the Services, in addition to the Universal Terms. All of these are referred to below as the “Additional Terms”. Where Additional Terms apply to a Service, these will be accessible for you to read either within, or through your use of, that Service.
- 1.4. The Universal Terms, together with the Additional Terms, form a legally binding agreement between you and www.healthandholiday.co.in in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the “Terms”.
- 1.5. If there is any contradiction between what the Additional Terms say and what the Universal Terms say, then the Additional Terms shall take precedence in relation to that Service.
2. Accepting the Terms
- 2.1. In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.
- 2.2. You can accept the Terms by:
(A) Clicking to accept or agree to the Terms, where this option is made available to you by www.healthandholiday.co.in in the user interface of its websites i.e. www.healthandholiday.co.in; www.charanpaharihotel.com; www.countrytours.in; www.countrytours.net; or any other website introduced in times to come for any Service; or
(B) By actually using the Services. In this case, you understand and agree that www.healthandholiday.co.in will treat your use of the Services as acceptance of the Terms from that point onwards.
- 2.3. You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with www.healthandholiday.co.in , or (b) you are a person barred from receiving the Services under the laws in India or other countries including the country in which you are resident or from which you use the Services.
- 2.4. Before you continue, you should print off or save a local copy of the Universal Terms for your records.
3. Language of the Terms
- 3.1. Where www.healthandholiday.co.in has provided you with a translation of the English language version of the Terms, you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with www.healthandholiday.co.in .
- 3.2. If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.
4. Provision of the Services by Health & Holiday
- 4.1. www.healthandholiday.co.in shall be constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which we provide may change from time to time without prior notice to you.
- 4.2. As part of this continuing innovation, you acknowledge and agree that www.healthandholiday.co.in may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at our sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform us when you stop using the Services.
- 4.3. You acknowledge and agree that if www.healthandholiday.co.in disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.
5. Use of the Services by you
- 5.1.In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to Health & Holiday will always be accurate, correct and up to date.
- 5.2. You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from India or other relevant countries).
- 5.3. You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by www.healthandholiday.co.in , unless you have been specifically allowed to do so in a separate agreement with us.
- 5.4. You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
- 5.5. Unless you have been specifically permitted to do so in a separate agreement with www.healthandholiday.co.in , you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
- 5.6. You agree that you are solely responsible for and that www.healthandholiday.co.in has no responsibility to you or to any third party for any breach of your obligations under the Terms and for the consequences including any loss or damage which www.healthandholiday.co.in may suffer of any such breach.
6. Your passwords and account security
- 6.1. You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
- 6.2. Accordingly, you agree that you will be solely responsible to www.healthandholiday.co.in for all activities that occur under your account.
- 6.3. If you become aware of any unauthorized use of your password or of your account, you agree to notify www.healthandholiday.co.in immediately at firstname.lastname@example.org .
7. Privacy and your personal information
- 7.2. You agree to the use of your data in accordance with our privacy policies.
8. Content in the Services
- 8.1. You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content”.
- 8.2. You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to our websites (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by us or by the owners of that Content, in a separate agreement.
- 8.3. www.healthandholiday.co.in reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service.
- 8.4. You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.
- 8.5. You agree that you are solely responsible for (and that www.healthandholiday.co.in has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which www.healthandholiday.co.in may suffer) by doing so.
9. Proprietary rights
- 9.1. You acknowledge and agree that Health & Holiday or its licensors own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by www.healthandholiday.co.in and that you shall not disclose such information without our prior written consent.
- 9.2. Unless you have agreed otherwise in writing with www.healthandholiday.co.in , nothing in the Terms gives you a right to use any of our trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
- 9.3. If you have been given an explicit right to use any of these brand features in a separate written agreement with Health & Holiday , then you agree that your use of such features shall be in compliance with that agreement, any applicable provisions of the Terms, and our brand feature
- 9.4. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
- 9.5. Unless you have been expressly authorized to do so in writing by www.healthandholiday.co.in , you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
10. Ending your relationship with Health & Holiday
- 10.1. The Terms will continue to apply until terminated by either you or Health & Holiday as set out below.
- 10.2. If you want to terminate your legal agreement with us, you may do so by (a) notifying us at any time and (b) closing your accounts for all of the Services which you use, where we have made this option available to you. Your notice should be sent, in writing, to us at address which is set out at the beginning of these Terms.
- 10.3. www.healthandholiday.co.in may at any time, terminate its legal agreement with you if: (A) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or (B) We are required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or (C) the partner with whom we offer the Services to you has terminated its relationship with us or ceased to offer the Services to you; or (D) Our transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or (E) the provision of the Services to you in our opinion, is no longer commercially viable.
- 10.4. Nothing in this Section shall affect our rights regarding provision of Services
11. Exclusion of warranties
- 11.1. Nothing in these terms shall exclude or limit www.healthandholiday.co.in warranty or liability for losses which may not be lawfully excluded or limited by applicable law. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the limitations which are lawful in your jurisdiction will apply to you and our liability will be limited to the maximum extent permitted by law.
- 11.2. You expressly understand and agree that your use of the services is at your sole risk and that the services are provided “as is” and “as available.”
- 11.3. In particular, www.healthandholiday.co.in or its subsidiaries and affiliates, and its licensors do not represent or warrant to you that:
(a) Your use of the services will meet your requirements,
(b) Your use of the services will be uninterrupted, timely, secure or free from error,
(c) Any information obtained by you as a result of your use of the services will be accurate or reliable, and
(d) That defects in the operation or functionality of any software provided to you as part of the services will be corrected.
- 11.4. Any material downloaded or otherwise obtained through the use of the services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.
- 11.5. No advice or information, whether oral or written, obtained by you from www.healthandholiday.co.in or through or from the services shall create any warranty not expressly stated in the terms.
- 11.6. www.healthandholiday.co.in further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.
12. Limitation of liability
- 12.1. Subject to overall provision as stated above, you expressly understand and agree that www.healthandholiday.co.in , its subsidiaries and affiliates, and its licensors shall not be liable to you for: (a) Any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss; (b) Any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of: (i) Any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the services; (ii) Any changes which www.healthandholiday.co.in may make to the services, or for any permanent or temporary cessation in the provision of the services (or any features within the services); (iii) The deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the services; (iii) Your failure to provide us with accurate account information; (iv) Your failure to keep your password or account details secure and confidential.
- 12.2. The limitations on our liability to you in paragraphs mentioned above shall apply whether or not www.healthandholiday.co.in has been advised of or should have been aware of the possibility of any such losses arising.
13. Copyright and trade mark policies
- 13.1. It is our policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law and to terminating the accounts of repeat infringers.
- 14.1. Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.
15. Other content
- 15.1. The Services may include hyperlinks to other web sites or content or resources. www.healthandholiday.co.in may have no control over any web sites or resources which are provided by companies or persons other than www.healthandholiday.co.in .
- 15.2. You acknowledge and agree that www.healthandholiday.co.in is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
- 15.3. You acknowledge and agree that www.healthandholiday.co.in is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
16. Changes to the Terms
- 16.1. www.healthandholiday.co.in may make changes to the Universal Terms or Additional Terms from time to time.
- 16.2. You understand and agree that if you use the Services after the date on which the Universal Terms or Additional Terms have changed, we will treat your use as acceptance of the updated Universal Terms or Additional Terms.
17. General legal terms
- 17.1. Sometimes when you use the Services, you may (as a result of, or through your use the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.
- 17.2. The Terms constitute the whole legal agreement between you and www.healthandholiday.co.in and govern your use of the Services (but excluding any services which www.healthandholiday.co.in may provide to you under a separate written agreement), and completely replace any prior agreements between you and www.healthandholiday.co.in in relation to the Services.
- 17.3. You agree that www.healthandholiday.co.in may provide you with notices, including those regarding to the Terms, by email, regular mail, or postings on the Services.
- 17.4. You agree that if www.healthandholiday.co.in does not exercise or enforce any legal right or remedy which is contained in the Terms (or which www.healthandholiday.co.in has the benefit of under any applicable law), this will not be taken to be a formal waiver of rights of www.healthandholiday.co.in and that those rights or remedies will still be available to www.healthandholiday.co.in .
- 17.5. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
- 17.6.You acknowledge and agree that each member of the group of companies of which www.healthandholiday.co.in is the parent shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favour of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.
- 17.7. The Terms, and your relationship with www.healthandholiday.co.in under the Terms, shall be governed by the laws India without regard to its conflict of law’s provisions. You and www.naturecamp.co.in agree that the exclusive jurisdiction of the courts located Delhi, India to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that www.healthandholiday.co.in shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.