Terms and Conditions - N1Holidays
Master User Agreement: Acceptance of Terms
This Master User Agreement constitutes a binding contract between you, the User, and N1 Hospitality and Management Services. with regard to the use of various services that are provided by N1Holidays.com .
1.1 N1Hospitality and Management Services ("N1Holidays"), a company incorporated under the laws of India, with its principal office at A 202,Atharva Infrastructure Ltd, Besa nagpur (MH) 440034, provides various travel related services through its Website (www.n1holidays.com).
1.2 N1Holidays 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/s "). These Services 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 N1Holiday 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 N1Holidays 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 N1Holiday 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 N1Holiday 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 N1Holiday 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 N1Holiday is not complete until full money towards the service is received from the User and accepted by N1Holiday.
2. Modification of Terms
N1Holidays 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.
4. Limited User
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 N1Holiday Services, including the use of the Website, is not for commercial use but is specifically meant for personal use only.
5.1 N1Holiday has endeavored to ensure that all the information provided by it is correct, but N1Holiday neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data or information. N1Holiday 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 N1Holiday acts only as a booking agent and facilitator of Services 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 and rendering of services by the service providers. In no circumstances shall N1Holiday be liable for the services provided by the service provider.
5.3 Although N1Holiday 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, N1Holiday is not the service provider and cannot therefore control or prevent changes in the published descriptions or representations, which are always based upon information provided by the service providers. N1Holiday acts only as a facilitator of Services and shall not be held liable for any changes, deficiencies, disputes, etc. related to the services being provided by Service Providers, including the matters related to delays in refunds or no refunds, of the fares and charges paid to Service Providers.
5.4 N1Holiday 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 N1Holiday 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 N1Holiday 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 N1Holiday.
Neither shall N1Holiday be responsible for the delay or inability to use/avail the Website or Services, the provision of or failure to provide services by Service Provider, or for any information, software, products, services and related graphics obtained from N1Holiday, whether based on contract, tort, negligence, strict liability or otherwise. Further, N1Holiday 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 N1Holiday's control. The User understands and agrees that any material and/or data downloaded or otherwise obtained from Website/N1Holiday 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 N1Holiday 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 User/customer for providing the services less any cancellation, refund or others charges, as may be applicable. In no case N1Holiday shall be liable for any consequential loss, damage or additional expense whatsoever. In no event N1Holiday shall be liable for any kind of refunds/returns of charges/fee/fares paid to Service Provider for rendering the services to User/customer.
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 N1Holiday or the Website and N1Holiday 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. N1Holiday is not responsible for any form of transmission, whatsoever, received by the User from any Linked Site. N1Holiday is providing these links to the User only as a convenience, and the inclusion of any link does not imply endorsement by N1Holiday or the Website of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof.
6.2 N1Holiday is not responsible for any errors, omissions or representations on any Linked Site. N1Holiday 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 N1Holiday will review materials posted through Communication Service and shall remove any materials in its sole discretion. N1Holiday 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.
8.2 N1Holiday 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 N1Holiday's sole discretion.
8.4 N1Holiday does not control or endorse the content, messages or information found in any communication service and, therefore, N1Holiday 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.
9. Termination/Access Restriction
N1Holiday 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 N1Holiday reserves the right to charge listing fees for certain listings, as well as transaction fees based on certain completed transactions using the N1Holiday Services. N1Holiday 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 N1Holiday 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 N1Holiday as Service announcements and administrative messages. The User understands and agrees that the Services are provided on an "as is" basis and that N1Holiday does not assume any responsibility for deletions, mis-delivery or failure to store any User communications or personalized settings.
11.4 Furthermore, the User grants N1Holiday the right to disclose to third parties Registration Data to the extent necessary for the purpose of carrying out the Services.
13. Proprietary Rights
13.1 N1Holiday 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 N1Holiday and shall not copy, transmit or create derivative works of such material without express authorization from N1Holiday.
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.
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 N1Holiday 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 N1Holiday 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 N1Holiday and its agents as their agent for this purpose.
The 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.
The User agrees to indemnify, defend and hold harmless N1Holiday 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 N1Holiday 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.
If 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 N1Holiday may terminate this Agreement and a Service with or without cause at any time to be effective immediately.
19.2 The User agrees that N1Holiday 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 N1Holiday through a written notice to the other. N1Holiday 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 N1Holiday 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 N1Holiday 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. 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 court of Nagpur.