1. MASTER USER AGREEMENT: ACCEPTANCE OF TERMS
This
Master User Agreement constitutes a binding contract between you, the
User, and Colorful Vacations Pvt. Ltd. with regard to the use of various
services that are provided by Colorful Vacations Pvt. Ltd.
1.1
Colorful Vacations Private Limited, a company incorporated under the
laws of India, with its principal office at 2F-CS-28 Ansal Plaza
Viashali, Ghaziabad-201012 (U.P), provides various travel related
services through its Website (www.colorfulvacations.com), retail
outlets, mobile-cellular technology as well as through its call-center.
1.2
Colorful Vacations Pvt. Ltd shall provide you ("User") travel-related
information, pricing, availability and reservations for airlines,
hotels, railway, holiday packages, bus and car rentals across cities and
rural areas throughout India ("Service"). This Service may be availed
by the User in India at any time during the year as is offered by
various third party vendors like airlines, hotels, etc. ("Service
Providers").
1.3 This Master User Agreement
(“Agreement”) is applicable to all Colorful Vacations Pvt. Ltd Services.
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
terms and conditions of service (“TOS”) for each such Service, which may
be updated or modified by Colorful Vacations from time to time. Such
TOS shall be deemed to be a part of this Agreement and in the event of a
conflict between such TOS and this Agreement, the terms of this
Agreement shall prevail.
1.4 Colorful Vacations Pvt.
Ltd Services are offered to the User conditioned on acceptance without
modification of all the terms, conditions and notices contained in this
Agreement and the TOS, as may be posted on the Website from time to
time. For the removal of doubts, it is clarified that availing of the
Services by the User constitutes an acknowledgement and acceptance by
the User of this Agreement and the TOS. If the User does not agree with
any part of such terms, conditions and notices, the User must not avail
Colorful Vacations Pvt. Ltd Services.
1.5 Additionally,
the Service Provider itself may provide terms and guidelines that
govern particular features, offers or the operating rules and policies
applicable to each Service (for example, flights, hotel reservations,
packages, 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, contract of
carriage or house rules.
1.6 Colorful Vacations Pvt.
Ltd 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 Colorful Vacations Pvt.
Ltd is not complete until full money towards the service is received
from the user and accepted by Colorful Vacations Pvt. Ltd .
2. MODIFICATION OF TERMS
Colorful
Vacations Pvt. Ltd 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.
3. PRIVACY POLICY
The
User hereby consents, expresses and agrees that he has read and fully
understands the Privacy Policy of Colorful Vacations Pvt. Ltd. The User
further consents that the terms and contents of such Privacy Policy are
acceptable to him.
4. LIMITED USER4.1 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 Colorful Vacations Pvt. Ltd Services,
including the use of the Website, is not for commercial use but is
specifically meant for personal use only.
4.2 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 Colorful Vacations Pvt. Ltd 's name 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.
5. DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY
5.1
Colorful Vacations Pvt. Ltd has endeavored to ensure that all the
information provided by it is correct, but Colorful Vacations neither
warrants nor makes any representations regarding the quality, accuracy
or completeness of any data or information. Colorful Vacations Pvt. Ltd
makes no warranty, express or implied, concerning the website and/or its
contents and disclaims all warranties of fitness for a particular
purpose and warranties of merchantability in respect of services,
including any liability, responsibility or any other claim, whatsoever,
in respect of any loss, whether direct or consequential, to any user or
any other person, arising out of or from the use of any such
information.
5.2 To the extent Colorful Vacations acts
only as a booking agent on behalf of third party service providers, it
shall not have any liability whatsoever for any aspect of the
arrangements between the service provider and the user as regards the
standards of services provided by the service providers. In no
circumstances shall Colorful Vacations be liable for the services
provided by the service provider.
5.3 Although Colorful
Vacations 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,
Colorful Vacations Pvt. Ltd is not the service provider and cannot
therefore control or prevent changes in the published descriptions or
oral representations, which are always based upon information provided
by the service providers.
5.4 Colorful Vacations Pvt.
Ltd does not endorse any advertiser on its website in any manner. The
users are requested to verify the accuracy of all information on their
own before undertaking any reliance on such information.
5.5
Colorful Vacations Pvt. Ltd 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.
5.6
In no event shall Colorful Vacations 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 availing services from
Colorful Vacations Pvt. Ltd .
Neither shall Colorful
Vacations be responsible for the delay or inability to use the website
or services, the provision of or failure to provide services, or for any
information, software, products, services and related graphics obtained
from Colorful Vacations Pvt. Ltd , whether based on contract, tort,
negligence, strict liability or otherwise. Further, Colorful Vacations
shall not be held responsible for non-availability of the website during
periodic maintenance operations or any unplanned suspension of access
to the services that may occur due to technical reasons or for any
reason beyond Colorful Vacations's control. The user understands and
agrees that any material and/or data downloaded or otherwise obtained
from Colorful Vacations Pvt. Ltd is done entirely at their own
discretion and risk and they will be solely responsible for any damage
to their computer systems or any other loss that results from 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 Colorful Vacations Pvt. Ltd arising under
any circumstances, in respect of any services availed, shall be limited
up to a maximum of 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.
6. LINKS TO THIRD PARTY SITES
6.1
The Website may contain links to other websites ("Linked Sites"). The
Linked Sites are not under the control of Colorful Vacations Pvt. Ltd or
the Website and Colorful Vacations Pvt. Ltd 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.
Colorful Vacations Pvt. Ltd is not responsible for any form of
transmission, whatsoever, received by the User from any Linked Site.
Colorful Vacations Pvt. Ltd is providing these links to the User only as
a convenience, and the inclusion of any link does not imply endorsement
by Colorful Vacations Pvt. Ltd or the Website of the Linked Sites or
any association with its operators or owners including the legal heirs
or assigns thereof.
6.2 Colorful Vacations Pvt. Ltd is
not responsible for any errors, omissions or representations on any
Linked Site. Colorful Vacations Pvt. Ltd does not endorse any advertiser
on any Linked Site in any manner. The Users are requested to verify the
accuracy of all information on their own before undertaking any
reliance on such information.
7. PROHIBITION AGAINST UNLAWFUL USE
As
a condition of the use of the Website, the User warrants that they will
not use the Website for any purpose that is unlawful or illegal under
any law for the time being in force within or outside India or
prohibited by this Agreement and/or the TOS including both specific and
implied. In addition, the Website 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 Website. The User shall
refrain from obtaining or attempting to obtain any materials or
information through any means not intentionally made available or
provided for or through the Website.
8. USE OF COMMUNICATION SERVICES
8.1
The Website 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
(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 India; 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.
8.2 Colorful Vacations Pvt. Ltd will review
materials posted through Communication Service and shall remove any
materials in its sole discretion. Colorful Vacations Pvt. Ltd 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.
8.3 Colorful Vacations Pvt. Ltd reserves
the right at all times to disclose any information as is necessary to
satisfy or comply with 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 Colorful Vacations
Pvt. Ltd 's sole discretion.
8.4 Colorful Vacations
Pvt. Ltd does not control or endorse the content, messages or
information found in any communication service and, therefore, Colorful
Vacations Pvt. Ltd specifically disclaims any liability or
responsibility whatsoever with regard to the communication services and
any actions resulting from the user's participation in any communication
service.
8.5 Materials uploaded to a Communication
Service may be subject to posted limitations on usage, reproduction
and/or dissemination. User is responsible for keeping himself updated of
and adhering to such limitations if they download the materials.
8.6
When you register with Colorful Vacations Pvt. Ltd .com, we or any of
our partners/affiliate/group companies may contact you from time to time
to provide the offers/information of such products/services that we
believe may benefit you.
9. TERMINATION/ACCESS RESTRICTION
Colorful
Vacations Pvt. Ltd reserves the right, in its sole discretion, to
terminate the access to the website and the related services or any
portion thereof at any time, without notice.
10. FEES PAYMENT
10.1
Colorful Vacations Pvt. Ltd reserves the right to charge listing fees
for certain listings, as well as transaction fees based on certain
completed transactions using the Colorful Vacations Pvt. Ltd Services.
Colorful Vacations Pvt. Ltd further reserves the right to alter any and
all fees from time to time, without notice.
10.2 The
User shall be liable to pay all applicable charges, fees, duties, taxes,
levies and assessments for availing the Colorful Vacations Pvt. Ltd
Services.
11. USER'S OBLIGATIONS AND USER ACCOUNT
11.1
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 availing the
Services under the laws of India or other applicable law.
11.2
To avail a Service through the Website, the User has and must continue
to maintain at his sole cost: (a) all the necessary equipments including
a computer and modem etc. to access the Website/avail Services; (b) own
access to the World Wide Web. The User shall be responsible for
accessing the Services and that access may involve third party fees
including, airtime charges or internet service provider’s charges which
are to be exclusively borne by the User.
11.3 The user
also understands that the services may include certain communications
from Colorful Vacations as service announcements and administrative
messages. The user understands and agrees that the services are provided
on an "as is" basis and that Colorful Vacations Pvt. Ltd does not
assume any responsibility for deletions, mis-delivery or failure to
store any user communications or personalized settings.
11.4
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. 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 Colorful Vacations. You confirm that you are
the authorised holder of the credit card or the original account holder
used in the transactions you make using the Colorful Vacations services.
Colorful Vacations Pvt. Ltd 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 Colorful
Vacations Pvt. Ltd Services.
11.5 The user also agrees
and undertakes to immediately notify Colorful Vacations Pvt. Ltd 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. Colorful
Vacations Pvt. Ltd shall not be responsible for any, direct or indirect,
loss or damage arising out of the user's failure to comply with this
requirement.
11.6 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 Colorful Vacations Pvt. Ltd has reasonable grounds to
suspect that such information is untrue, inaccurate, not current or
incomplete, Colorful Vacations Pvt. Ltd 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.
11.7
Furthermore, the User grants Colorful Vacations Pvt. Ltd the right to
disclose to third parties Registration Data to the extent necessary for
the purpose of carrying out the Services.
12. BREACH
12.1
Without prejudice to the other remedies available to Colorful Vacations
Pvt. Ltd under this agreement, the TOS or under applicable law,
Colorful Vacations Pvt. Ltd may limit the user's activity, or end the
user's listing, warn other users of the user's actions, immediately
temporarily/indefinitely suspend or terminate the user's registration,
and/or refuse to provide the user with access to the website if:
(a) the user is in breach of this agreement, the TOS and/or the documents it incorporates by reference;
(b) Colorful Vacations Pvt. Ltd is unable to verify or authenticate any information provided by the user; or
(c)
Colorful Vacations Pvt. Ltd believes that the user's actions may
infringe on any third party rights or breach any applicable law or
otherwise result in any liability for the user, other users of the
website and/or Colorful Vacations Pvt. Ltd .
12.2
Colorful Vacations Pvt. Ltd may at any time in its sole discretion
reinstate suspended users. Once the user have been indefinitely
suspended the user may not register or attempt to register with Colorful
Vacations Pvt. Ltd or use the website in any manner whatsoever until
such time that the user is reinstated by Colorful Vacations Pvt. Ltd .
Notwithstanding the foregoing, if the user breaches this agreement, the
TOS or the documents it incorporates by reference, Colorful Vacations
Pvt. Ltd reserves the right to recover any amounts due and owing by the
user to Colorful Vacations Pvt. Ltd and/or the service provider and to
take strict legal action as Colorful Vacations Pvt. Ltd deems necessary.
13. PROPRIETARY RIGHTS
13.1
Colorful Vacations Pvt. Ltd 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 Colorful
Vacations Pvt. Ltd and shall not copy, transmit or create derivative
works of such material without express authorization from Colorful
Vacations Pvt. Ltd .
13.2 The User acknowledges and
agrees that they shall not upload, post, reproduce or distribute any
content on or through the Website 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 on or through the Website 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.
14. RELATIONSHIP
None
of the provisions of this Agreement, terms and conditions, notices or
the right to use the Website by the User contained herein or any other
section or pages of the Website and/or the Linked Sites, shall be deemed
to constitute a partnership between the User and Colorful Vacations
Pvt. Ltd and no party shall have any authority to bind or shall be
deemed to be the agent of the other in any way. It may be noted,
however, that if by using the Website, the User authorizes Colorful
Vacations Pvt. Ltd and its agents to access third party sites designated
by them or on their behalf for retrieving requested information, the
User shall be deemed to have appointed Colorful Vacations Pvt. Ltd and
its agents as their agent for this purpose.
15. HEADINGSThe
headings and subheadings herein are included for convenience and
identification only and are not intended to describe, interpret, define
or limit the scope, extent or intent of this Agreement, the TOS or the
right to use the Website by the User contained herein or any other
section or pages of the Website or any Linked Sites in any manner
whatsoever.
16. 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.
17. INDEMNIFICATIONThe User agrees to indemnify, defend and hold harmless Colorful Vacations Pvt. Ltd from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Colorful Vacations Pvt. Ltd that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by the User pursuant to this Agreement and/or the TOS.
18. SEVERABILITYIf any provision of this Agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of this Agreement shall continue to be in full force and effect.
19. TERMINATION OF AGREEMENT AND SERVICES
19.1 Either the User or Colorful Vacations Pvt. Ltd may terminate this Agreement and a Service with or without cause at any time to be effective immediately.
19.2 The User agrees that Colorful Vacations Pvt. Ltd may under certain circumstances and without prior notice, immediately terminate 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 TOS, 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 TOS.
19.3 This Agreement may be terminated by either the User or Colorful Vacations Pvt. Ltd through a written notice to the other. Colorful Vacations Pvt. Ltd shall not be liable to the User or any third party for termination of any Service. Should the User object to any terms and conditions of this Agreement, any TOS or become dissatisfied with the Service in any way, the User's only recourse is to immediately: (a) discontinue use of the Website/Service; and (b) notify Colorful Vacations Pvt. Ltd of such discontinuance.
19.4 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 Colorful Vacations Pvt. Ltd 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.
20. NOTICES
All notices and communications (including those related to changes in the TOS, 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 Colorful Vacations Pvt. Ltd , at info@colorfulvacations.com and/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 Colorful Vacations Pvt. Ltd Service.
(c) If to a registered User, at the communication and/or email address specified in the registration form.
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.
21. 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 Delhi, Delhi.
