Effective Date: October 12, 2017
Website Covered: https://www.dewberryholidays.com
THE AGREEMENT: The use of this
website and services on this website operated by Dewberry Holidays LLP
(hereinafter referred to as "Owner") are subject to the
following Terms & Conditions (hereinafter the "Terms of Service"),
all parts and sub-parts of which are specifically incorporated by reference
here together with the Privacy Policy. Following are the Terms pf Service
governing your use of https://www.dewberryholidays.com (the "Website"),
all pages on the Website and any services provided by or on this Website
("Services").
By accessing either directly or through
a hyperlink, the Website, and/ or purchasing something from us, you engage in
our "Service" and agree to be bound by the Terms of Service including
those additional terms and conditions and policies referenced herein and/or
available by hyperlink. These Terms of Service apply to all users of the site,
including without limitation vendors, buyers, customers, merchants, browsers
and/ or contributors of content. You acknowledge and agree that the Website may
use your personal information in the manner described in our Privacy Policy
which sets forth how information collected about you is collected, used and
stored.
1) DEFINITIONS
The parties referred to in these Terms
of Service shall be defined as follows:
a) Owner, Us, We: The Owner,
as an agent of service providers, creator, operator, and publisher of
the Website, makes the Website, and certain Services on it, available to users.
Dewberry Holidays LLP, Owner, Us, We, Our, Ours and other first-person pronouns
will refer to the Owner, as well as all employees and affiliates of the Owner.
b) You, the User, the Client: You, as
the user of the Website, will be referred to throughout these Terms of Service
with second-person pronouns such as You, Your, Yours, or as User or Client. For
the purpose of these Terms of Service, the term "User" or
"you" shall mean any natural or legal person who person is
accessing the Website. The term '"Your" shall be construed
accordingly.
c) Parties: Collectively, the parties
to these Terms of Service (the Owner and You) will be referred to as Parties.
2) ASSENT & ACCEPTANCE
By using the Website, You warrant that You
have read and reviewed these Terms of Service and that You agree to be bound by
it. If You do not agree to be bound by these Terms of Service, please leave the
Website immediately. The Owner only agrees to provide use of this Website and
Services to You if You assent to these Terms of Service. Further, based on the
Services obtained by a User, additional terms and conditions in respect of the
specific Services may apply, which shall be deemed an agreement between the
Users and the Owner.
3) AGE RESTRICTION
You must be at least 18 (eighteen)
years of age to use this Website or any Services contained herein. By using
this Website, You represent and warrant that You are at least 18 years of age
and may legally agree to these Terms of Service. The Owner assumes no
responsibility or liability for any misrepresentation of Your age.
4) ABOUT THE SITE
The Website is an online store which
carries out sale of the following: Flights, Accommodation,
transportation....etc.
The Website operated by Dewberry
Holidays LLP act as an agent for different service providers like
airlines, cruises, hotels, cab operators, bus operators wholesale
companies and other suppliers and not responsible for services offered by
service providers.
We reserve the right to refuse service
or refuse to sell the products on the Website at our sole discretion to anyone
for any reason at any time.
The Website does not screen or censor
the users who register on and access the Website. You assume all risks
associated with dealing with other users with whom you come in contact through
the Website. You agree to use the Website only for lawful purposes without
infringing the rights or restricting the use of this Website by any third
party.
5) LICENSE TO USE WEBSITE
The Owner may provide You with certain
information as a result of Your use of the Website or Services. Such
information may include, but is not limited to, documentation, data, or
information developed by the Owner, and other materials which may assist in
Your use of the Website or Services ("Owner Materials"). Subject to
these Terms of Service, the Owner grants You a non-exclusive, limited,
non-transferable and revocable license to use the Owner Materials solely in
connection with Your use of the Website and Services. The Owner Materials may
not be used for any other purpose and this license terminates upon Your
cessation of use of the Website or Services or at the termination of these
Terms of Service.
You agree not to collect contact
information of other Users from the Website or download or copy any information
by means of unsolicited access so as to communicate directly with them or for
any reason whatsover.
Any unauthorized use by you shall
terminate the permission or license granted to you by the Website and You agree
that you shall not bypass any measures used by the Owner to prevent or restrict
access to the Website.
6) INTELLECTUAL PROPERTY
You agree that the Website and all
Services provided by the Owner are the property of the Owner, including all
copyrights, trademarks, trade secrets, patents and other intellectual property
("Owner IP"). You agree that the Owner owns all right, title and interest
in and to the Owner IP and that You will not use the Owner IP for any unlawful
or infringing purpose. You agree not to reproduce or distribute the Owner IP in
any way, including electronically or via registration of any new trademarks,
trade names, service marks or Uniform Resource Locators (URLs), without express
written permission from the Owner.
a) In order to make the Website and
Services available to You, You hereby grant the Owner a royalty-free,
non-exclusive, worldwide license to copy, display, use, broadcast, transmit and
make derivative works of any content You publish, upload or otherwise make
available to the Website ("Your Content"). The Owner claims no
further proprietary rights in Your Content.
b) If You feel that any of Your
intellectual property rights have been infringed or otherwise violated by the
posting of information or media by another of Our users, please contact Us and
let Us know.
7) USER OBLIGATIONS
As a user of the Website or Services,
You may be asked to register with Us. When You do so, You will choose a user
identifier, which may be Your email address or another term, as well as a
password. You may also provide personal information, including, but not limited
to, Your name. You are responsible for ensuring the accuracy of this
information. This identifying information will enable You to use the Website
and Services. You must not share such identifying information with any third
party and if You discover that Your identifying information has been
compromised, You agree to notify Us immediately in writing. Email notification
will suffice. You are responsible for maintaining the safety and security of
Your identifying information as well as keeping Us apprised of any changes to
Your identifying information. Providing false or inaccurate information,
or using the Website or Services to further fraud or unlawful activity is
grounds for immediate termination of these Terms of Service. The Owner reserves
the right to refuse service, terminate accounts, or remove or edit content in
its sole discretion.
The User won't share his own sensitive
data like credit/debit card number, CVV, OTP, card expiry date, User IDs,
Passwords etc. with any individual including the employees or delegate of
Owner. If such information is requested by any of our employees or
representatives, you shall immediately inform us. Owner shall not be
responsible for any loss that user suffers for sharing previously mentioned
details.
8) PAYMENT & FEES
Should You register for any of the paid
Services on this website or purchase any product or service on this website,
You agree to pay Us the specific monetary amounts required for that product or
those Services. These monetary amounts ("Fees") will be described to
You during Your account registration and/or confirmation process. The final
amount required for payment will be shown to You immediately prior to purchase.
Payment for any on-going Services is billed automatically until You notify Us
that You would like to terminate Your access to the Services.
We reserve the right to refuse service
or refuse to sell the products on the Website at our sole discretion to anyone
for any reason at any time.
9) ACCEPTABLE USE
You agree not to use the Website or
Services for any unlawful purpose or any purpose prohibited under this clause.
You agree not to use the Website or Services in any way that could damage the
Website, Services or general business of the Owner.
a) You further agree not to use the
Website or Services:
I) To harass, abuse, or threaten others
or otherwise violate any person's legal rights;
II) To violate any intellectual
property rights of the Owner or any third party;
III) To upload or otherwise disseminate
any computer viruses or other software that may damage the property of another;
IV) To perpetrate any fraud;
V) To engage in or create any unlawful
gambling, sweepstakes, or pyramid scheme;
VI) To publish or distribute any
obscene or defamatory material;
VII) To publish or distribute any
material that incites violence, hate or discrimination towards any group;
VIII) To unlawfully gather information
about others.
You are prohibited from using the site
or its content: (a) for any unlawful purpose; (b) to solicit others to perform
or participate in any unlawful acts; (c) to infringe on any third party's
intellectual property or proprietary rights, or rights of publicity or privacy,
whether knowingly or unknowingly; (d) to violate any local, federal or
international law, statute, ordinance or regulation; ((e) to harass, abuse,
insult, harm, defame, slander, disparage, intimidate, or discriminate based on
gender, sexual orientation, religion, ethnicity, race, age, national origin, or
disability; (f) to submit false or misleading information or any content which
is defamatory, libelous, threatening, unlawful, harassing, indecent, abusive,
obscene, or lewd and lascivious or pornographic, or exploits minors in any way
or assists in human trafficking or content that would violate rights of
publicity and/or privacy or that would violate any law; (g) to upload or transmit
viruses or any other type of malicious code that will or may be used in any way
that will affect the functionality or operation of the Service or of any
related website, other websites, or the Internet; (h) to collect or track the
personal information of others; (i) to damage, disable, overburden, or impair
the Website or any other party's use of the Website; (j) to spam, phish, pharm,
pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or
(k) to interfere with or circumvent the security features of the Service or any
related website, other websites, or the Internet; (l) to personally threaten or
has the effect of personally threatening other Users. We reserve the right to
terminate your use of the Service or any related website for violating any of
the prohibited uses. The Company has the full authority to review all content
posted by Users on the Website. You acknowledge that the Website is not
responsible or liable and does not control the content of any information that
may be posted to the Website by You or other User of the Website and you are
solely responsible for the same. You agree that You shall not upload, post, or
transmit any content that you do not have a right to make available (such as,
the intellectual property of another party).
You agree to comply with all applicable
laws, statutes and regulations concerning your use of the Website and further
agree that you will not transmit any information, data, text, files, links,
software, chats, communication or other materials that is abusive, invasive of
another's privacy, harassing, defamatory, vulgar, obscene, unlawful, false,
misleading, harmful, threatening, hateful or racially or otherwise
objectionable, including without limitation material of any kind or nature that
encourages conduct that could constitute a criminal offense, give rise to civil
liability or otherwise violate any applicable local, state, provincial,
national, or international law or regulation, or encourage the use of
controlled substances.
We may, but have no obligation to,
monitor, edit or remove content that we determine in our sole discretion are
unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene
or otherwise objectionable or violates any party's intellectual property or these
Terms of Service.
You may not use our products for any
illegal or unauthorized purpose nor may you, in the use of the Service, violate
any laws in your jurisdiction (including but not limited to copyright laws).
10) COMMUNICATION
You understand that each time use the
Website in any manner, you agree to these Terms. By agreeing to these Terms,
you acknowledge that you are interested in availing and purchasing the Services
that you have selected and consent to receive communications via phone or
electronic records from the Website including e-mail messages telling you about
products and services offered by the Website (or its affiliates and partners)
and understanding your requirements. Communication can also be by posting any
notices on the Website. You agree that the communications sent to You by the
Website shall not be construed as spam or bulk under any law prevailing in any
country where such communication is received.
11) AFFILIATE MARKETING & ADVERTISING
The Owner, through the Website and
Services, may engage in affiliate marketing. The Owner may also accept
advertising and sponsorships from commercial businesses or receive other forms
of advertising compensation.
12) PRIVACY INFORMATION
Through Your Use of the Website and Services,
You may provide Us with certain information. By using the Website or the
Services, You authorize the Owner to use Your information in India and any
other country where We may operate.
a) Information We May Collect or
Receive: When You register for an account, You provide Us with a valid email
address and may provide Us with additional information, such as Your name or
billing information. Depending on how You use Our Website or Services, We may
also receive information from external applications You use to access Our
Website, or We may receive information through various web technologies, such
as cookies, log files, clear gifs, web beacons or others.
b) How We Use Information: We use the
information gathered from You to ensure Your continued good experience on Our
website, including through email communication. We may also track certain of
the passive information received to improve Our marketing and analytics, and
for this, We may work with third-party providers.
c) How You Can Protect Your Information: If You would like to disable
Our access to any passive information We receive from the use of various
technologies, You may choose to disable cookies in Your web browser. Please be
aware that the Owner will still receive information about You that You have
provided, such as Your email address. If You choose to terminate Your account,
the Owner will store information about You for such period as required to
complete the transaction entered into with you or such period as mandated under
the applicable laws.
13) ASSUMPTION OF RISK
The Website and Services are provided
for communication purposes only. You acknowledge and agree that any information
posted on Our Website is not intended to be legal advice, medical advice, or
financial advice, and no fiduciary relationship has been created between You
and the Owner. You further agree that Your purchase of any of the products on
the Website is at Your own risk. The Owner does not assume responsibility or
liability for any advice or other information given on the Website.
14) SALE OF GOODS/SERVICES
The Owner may sell goods or services or
allow third parties to sell goods or services on the Website. The Owner
undertakes to be as accurate as possible with all information regarding the
goods and services, including product descriptions and images. However, the
Owner does not guarantee the accuracy or reliability of any product information
and You acknowledge and agree that You purchase such products at Your own risk.
For goods or services sold by others, the Owner assumes no liability for any product
and cannot make any warranties about the merchantability, fitness, quality,
safety or legality of these products. For any claim You may have against the
manufacturer or seller of the product, You agree to pursue that claim directly
with the manufacturer or seller and not with the Owner. You hereby release the
Owner from any claims related to goods or services manufactured or sold by
third parties, including any and all warranty or product liability claims.
We may, in our sole discretion, limit
or cancel quantities purchased per person, per household or per order. Any
orders including orders by or under the same customer account, the same credit
card, and/or orders that use the same billing and/or shipping address may be
subject to the above. We may restrict the sales of products or Services to any
person, geographic region or jurisdiction at our sole discretion as we may
decide on a case-by-case basis.
We further reserve an absolutely right
to refuse any order placed by any person and to limit or prohibit orders that,
in our sole judgment, appear to be placed by travel agents,tour
operators,consolidators, aggregators,resellers or distributors. If we cancel
your order, we will contact the e-mail and/or billing address/phone number
provided at the time the order was made.
We take care to accurately display the
colors and images of our products but, we cannot guarantee that your computer
or phone screen's display of any color will be accurate. We also do not provide
any warranties that the quality of any products, services, information, or
other material purchased or obtained by you will meet your expectations and
standards, or that any errors in the Service will be corrected. Prices and
descriptions of products are subject to change at any time without notice, at
our sole discretion. We may remove or discontinue any products from our site
without prior notice. Any offer for any product or service made on this site is
void where prohibited.
We may provide you with access to
third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools "as
is" and "as available" without any warranties, representations
or conditions of any kind and without any endorsement. We shall have no
liability whatsoever arising from or relating to your use of optional
third-party tools. Any use by you of optional tools offered through the site is
entirely at your own risk and discretion and you should ensure that you are
familiar with and approve of the terms on which tools are provided by the
relevant third-party provider(s).
CANCELLATION CHARGES:
(i) between 45 to 30 days, prior to
departure, 25% of tour cost
(ii) between 29 to 15 days, prior to
departure, 50% of tour cost
(iii) between 14 to 8 days, prior to
departure, 75% of tour cost
(iv) within 7days prior to departure or
no show, 100% of tour cost
Note :- Above is General Cancellation Charges ; May vary on case to case
basis.
REFUNDS:
Owner is only agent and any
services which are not delivered by service provider for any conditions
for which you are entitled for a refund is depend upon Owner getting the fund
from the such service provider. You agree that owner is not held liable for any
delay in refund or non refund from such service provider. In such occasions you
will contact the service provider directly for any claims.
REFUND MODE:
Refunds (if any) for cancellation will
be credited to the same account from which the initial transaction was made. We will process refund after receiving fund
from such airline, hotel, suppliers..etc. It would take at least 14 days to
process refunds. There is no refund payable for any services which are not
utilized for any reason whatsoever.
15) REVERSE ENGINEERING & SECURITY
You agree not to undertake any of the
following actions:
a) Reverse engineer, or attempt to
reverse engineer or disassemble any code or software from or on the Website or
Services;
b) Violate the security of the Website
or Services through any unauthorized access, circumvention of encryption or
other security tools, data mining or interference to any host, user or network.
16) DATA LOSS
The Owner does not accept
responsibility for the security of Your account or content. You agree that Your
use of the Website or Services is at Your own risk.
17) INDEMNIFICATION
You agree to defend and indemnify the
Owner and any of its affiliates (if applicable) and hold Us harmless against
any and all legal claims and demands, including reasonable attorney's fees,
which may arise from or relate to Your use or misuse of the Website or
Services, Your breach of these Terms of Service, or Your conduct or actions.
You agree that the Owner shall be able to select its own legal counsel and may
participate in its own defense, if the Owner wishes.
18) SPAM POLICY
You are strictly prohibited from using
the Website or any of the Owner's Services for illegal spam activities,
including gathering email addresses and personal information from others or sending
any mass commercial emails.
19) THIRD-PARTY LINKS & CONTENT
The Owner may occasionally post links
to third party websites or other services. You agree that the Owner is not
responsible or liable for any loss or damage caused as a result of Your use of
any third party services linked to from Our Website.
20) MODIFICATION & VARIATION
The Owner may, from time to time and at
any time without notice to You, modify these Terms of Service. You agree that
the Owner has the right to modify these Terms of Service or revise anything
contained herein. You further agree that all modifications to these Terms of
Service are in full force and effect immediately upon posting on the Website
and that modifications or variations will replace any prior version of these Terms
of Service, unless prior versions are specifically referred to or incorporated
into the latest modification or variation of these Terms of Service.
a) To the extent any part or sub-part
of these Terms of Service is held ineffective or invalid by any court of law,
You agree that the prior, effective version of these Terms of Service shall be
considered enforceable and valid to the fullest extent.
b) You agree to routinely monitor these
Terms of Service and refer to the Effective Date posted at the top of these
Terms of Service to note modifications or variations. You further agree to
clear Your cache when doing so to avoid accessing a prior version of these
Terms of Service. You agree that Your continued use of the Website after any
modifications to these Terms of Service is a manifestation of Your continued
assent to these Terms of Service.
c) In the event that You fail to
monitor any modifications to or variations of these Terms of Service, You agree
that such failure shall be considered an affirmative waiver of Your right to
review the modified Agreement.
21) ENTIRE AGREEMENT
This Agreement constitutes the entire
understanding between the Parties with respect to any and all use of this
Website. This Agreement supersedes and replaces all prior or contemporaneous
agreements or understandings, written or oral, regarding the use of this
Website.
22) SERVICE INTERRUPTIONS
The Owner may need to interrupt Your
access to the Website to perform maintenance or emergency services on a
scheduled or unscheduled basis. You agree that Your access to the Website may
be affected by unanticipated or unscheduled downtime, for any reason, but that
the Owner shall have no liability for any damage or loss caused as a result of
such downtime.
23) TERM, TERMINATION & SUSPENSION
The Owner may terminate these Terms of
Service with You at any time for any reason, with or without cause. The Owner
specifically reserves the right to terminate these Terms of Service if You
violate any of the terms outlined herein, including, but not limited to,
violating the intellectual property rights of the Owner or a third party,
failing to comply with applicable laws or other legal obligations, and/or
publishing or distributing illegal material. If You have registered for an
account with Us, You may also terminate these Terms of Service at any time by
contacting Us and requesting termination. Please keep in mind that any
outstanding fees will still be due even after termination of Your account. At
the termination of these Terms of Service, any provisions that would be
expected to survive termination by their nature shall remain in full force and
effect.
24) NO WARRANTIES
You agree that Your use of the Website
and Services is at Your sole and exclusive risk and that any Services provided
by Us are on an "As Is" basis. The Owner hereby expressly disclaims
any and all express or implied warranties of any kind, including, but not
limited to the implied warranty of fitness for a particular purpose and the
implied warranty of merchantability. The Owner makes no warranties that the
Website or Services will meet Your needs or that the Website or Services will
be uninterrupted, error-free, or secure. The Owner also makes no warranties as
to the reliability or accuracy of any information on the Website or obtained
through the Services. You agree that any damage that may occur to You, through
Your computer system, or as a result of loss of Your data from Your use of the
Website or Services is Your sole responsibility and that the Owner is not
liable for any such damage or loss.
All information, software, products,
services and related graphics are provided on this site is "as is"
and "as available" basis with without warranty of any kind, either
expressed or implied. The Website disclaims all warranties, expressed or
implied including, without limitation, all implied warranties of
merchantability, fitness for a particular purpose, title and non-infringement
or arising from a course of dealing, usage, or trade practice. Company makes no
representation about the suitability of the information, software, products,
and services contained on this Website for any purpose, 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.
The Website makes no warranty that the
use of the Website will be uninterrupted, timely, secure, without defect or
error free. You expressly agree that use of the site is at your own risk. The
Website shall not be responsible for any content found on the Website.
Your use of any information or
materials on this site or otherwise obtained through use of this Website is
entirely at your own risk, for which we shall not be liable. It shall be your
own responsibility to ensure that any products, services or information
available through this website meet your specific requirements.
The Website assumes no responsibility
for the accuracy, currency, completeness or usefulness of information, views,
opinions or advice in any material contained on the Website. Any information of
third parties or advertisers is made available without doing any changes and so
the Website cannot guarantee accuracy and is not liable to any inconsistencies
arising thereof. All postings, messages, advertisements, photos, sounds,
images, text, files, video or other materials posted on, transmitted through,
or linked from the Website, are solely the responsibility of the person from whom
such Content originated and the Website does not control, and is not
responsible for Content available on the Website.
There may be instances when incorrect
information is published inadvertently on our Website or in the Service such as
typographical errors, inaccuracies or omissions that may relate to product
descriptions, pricing, promotions, offers, product shipping charges, transit
times and availability. Any errors, inaccuracies or omissions, may be corrected
at our discretion at any time and we may change or update information or cancel
orders if any information in the Service or on any related website is
inaccurate at any time without prior notice (including after you have submitted
your order).
We undertake no obligation to update,
amend or clarify information in the Service or on any related website,
including without limitation, pricing information, except as required by law.
No specified update or refresh date applied in the Service or on any related
website, should be taken to indicate that all information in the Service or on
any related website has been modified or updated.
The Website shall not be responsible
for any interaction between you and the other users of the Website. Under no
circumstances will the Website be liable for any goods, services, resources or
content available through such third party dealings or communications, or for
any harm related thereto. The Website is under no obligation to become involved
in any disputes between you and other users of the Website or between you and any
other third parties. You agree to release the Website from any and all claims,
demands, and damages arising out of or in connection with such dispute.
You agree and understand that while the
Website has made reasonable efforts to safeguard the Website, it cannot and
does not ensure or make any representations that the Website or any of the
information provided by You cannot be hacked by any unauthorised third parties.
You specifically agree that the Website shall not be responsible for
unauthorized access to or alteration of Your transmissions or data, any
material or data sent or received or not sent or received, or any transactions
entered into through the Website.
You hereby agree and confirm that the
Website shall not be held liable or responsible in any manner whatsoever for
such hacking or any loss or damages suffered by you due to unauthorized access
of the Website by third parties or for any such use of the information provided
by You or any spam messages or information that You may receive from any such
unauthorised third party (including those which are although sent representing
the name of the Website but have not been authorized by the Website) which is
in violation or contravention of this Terms of Service or the Privacy Policy.
You specifically agree that the Website
is not responsible or liable for any threatening, defamatory, obscene,
offensive or illegal content or conduct of any other party or any infringement
of another's rights, including intellectual property rights. You specifically agree
that the Website is not responsible for any content sent using and/or included
in the Website by any third party.
The Website has no liability and will
make no refund in the event of any delay, cancellation, strike, force majeure
or other causes beyond their direct control, and they have no responsibility
for any additional expense omissions delays or acts of any government or
authority.
You will be solely responsible for any
damages to your computer system or loss of data that results from the download
of any information and/or material. Some jurisdictions do not allow the
exclusion of certain warranties, so some of the above exclusions may not apply
to you.
In no event shall the Website 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 connected with the use or
performance of the site, with the delay or inability to use the site or related
services, the provision of or failure to provide Services, or to deliver the
products or for any information, software, products, services and related
graphics obtained through the site, or any interaction between you and other
participants of the Website or otherwise arising out of the use of the Website,
damages resulting from use of or reliance on the information present, whether
based on contract, tort, negligence, strict liability or otherwise, even if the
Website or any of its affiliates/suppliers has been advised of the possibility
of damages. If, despite the limitation above, the Company is found liable for
any loss or damage which arises out of or in any way connected with the use of
the Website and/ or provision of Services, then the liability of the Company
will in no event exceed, 50% (Fifty percent) of the amount you paid to the
Company in connection with such transaction(s) on this Website.
You accept all responsibility for, and
hereby agree to indemnify and hold harmless the company from and against, any
actions taken by you or by any person authorized to use your account, including
without limitation, disclosure of passwords to third parties. By using the
Website, you agree to defend, indemnify and hold harmless the indemnified
parties from any and all liability regarding your use of the site or
participation in any site's activities. If you are dissatisfied with the
Website, or the Services or any portion thereof, or do not agree with these
terms, your only recourse and exclusive remedy shall be to stop using the site.
25) LIMITATION ON LIABILITY
The Owner is not liable for any damages
that may occur to You as a result of Your use of the Website or Services, to
the fullest extent permitted by law. The maximum liability of the Owner arising
from or relating to these Terms of Service is limited to the lesser of Rs. 1000
(Rupees One Thousand only) or the amount You paid to the Owner in the last six
(6) months. This section applies to any and all claims by You, including, but
not limited to, lost profits or revenues, consequential or punitive damages,
negligence, strict liability, fraud, or torts of any kind.
26) GENERAL PROVISIONS:
a) LANGUAGE: All
communications made or notices given pursuant to these Terms of Service shall
be in the English language.
b) JURISDICTION, VENUE & GOVERNING
LAW: Through Your use of the Website or Services, You agree that the
laws of the India shall govern any matter or dispute relating to or arising out
of these Terms of Service, as well as any dispute of any kind that may arise
between You and the Owner, with the exception of its conflict of law
provisions. In case any litigation specifically permitted under these Terms of
Service is initiated, the Parties agree to submit to the exclusice jurisdiction
of the courts at Mathura, Uttar Pradesh, India. The Parties agree that this
choice of law, venue, and jurisdiction provision is not permissive, but rather
mandatory in nature. You hereby waive the right to any objection of venue,
including assertion of the doctrine of forum non conveniens or similar
doctrine.
c) ASSIGNMENT: This Agreement,
or the rights granted hereunder, may not be assigned, sold, leased or otherwise
transferred in whole or part by You. Should these Terms of Service, or the
rights granted hereunder, by assigned, sold, leased or otherwise transferred by
the Owner, the rights and liabilities of the Owner will bind and inure to any
assignees, administrators, successors and executors.
d) SEVERABILITY: If any part or
sub-part of these Terms of Service is held invalid or unenforceable by a court
of law or competent arbitrator, the remaining parts and sub-parts will be
enforced to the maximum extent possible. In such condition, the remainder of
these Terms of Service shall continue in full force.
e) NO WAIVER: In the event
that We fail to enforce any provision of these Terms of Service, this shall not
constitute a waiver of any future enforcement of that provision or of any other
provision. Waiver of any part or sub-part of these Terms of Service will not
constitute a waiver of any other part or sub-part.
f) HEADINGS FOR CONVENIENCE ONLY: Headings of
parts and sub-parts under these Terms of Service are for convenience and
organization, only. Headings shall not affect the meaning of any provisions of
these Terms of Service.
g) NO AGENCY, PARTNERSHIP OR JOINT
VENTURE: No agency, partnership, or joint venture has been created between
the Parties as a result of these Terms of Service. No Party has any authority
to bind the other to third parties.
h) FORCE MAJEURE: The Owner is
not liable for any failure to perform due to causes beyond its reasonable
control including, but not limited to, acts of God, acts of civil authorities,
acts of military authorities, riots, embargoes, acts of nature and natural
disasters, and other acts which may be due to unforeseen circumstances.
i) ELECTRONIC COMMUNICATIONS PERMITTED: Electronic
communications are permitted to both Parties under these Terms of Service,
including e-mail or fax. For any questions or concerns, please email Us at the
following address: info@dewberryholidays.com
