This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the
amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a
computer system and does not require any physical or digital signatures.
This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the
Your use of a Holidaybay website, including www.Holidaybay.com (hereinafter referred to as "the Website" and/ or “Holidaybay”) and its related sites, services, products and tools, is governed by the following terms and conditions as applicable to the Website and for other Holidaybay Private Limited websites, affiliate companies, franchisees, agents and assigns. Some aspects of the Services also allow and relate to booking and scheduling various activities, experiences, adventures, stays and hotel rooms. This User Agreement for the Website shall come into effect on 0000 hours India Standard Time 26th September, 2013 ("User Agreement"). By mere use of the Website, You shall be contracting with Holidaybay Global Private Limited a company incorporated under Companies Act, 1956 with registered office at B/607, Krishnakunj, SalasarBrijBhoomi, Bhayandar (West), Thane - 401101, Maharashtra, India.
For the purpose of the User Agreement, wherever the context so requires "You" or “User” shall mean any natural or legal person who has agreed to become a buyer or a seller on the Website by providing Registration Data while registering on the Website as registered User using the computer systems of the Website and accepted this electronic version / electronic record of the User Agreement and has allocated himself a unique identification user name ("User ID" and "Password") to become Registered User. The term “We”, “Us”, “Our” shall mean Holidaybay and Holidaybay.com.
As a User, this User Agreement shall be effective and binding upon your 'acceptance'. 'Acceptance' shall mean your affirmative action in clicking on 'check box' and on the 'Submit’ button as provided on the registration (Sign Up) page or clicking on 'Buy' button while transacting as Guest User or such other actions that implies your acceptance.
If you do not agree or are not willing to be bound by the terms and conditions of this User Agreement and Holidaybay’s Rules and Policies , please do not click on the "check box " and/or on the "Sumbit" button and/or "Buy" button and do not seek to obtain access to or otherwise use the Website.
- Membership Eligibility
Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a member of the Website and shall not sell, purchase or bid for any items on the Website. As a minor if you wish to purchase or sell an item on the Website such purchase or sale may be made by your legal guardian or parents who have registered as users of the Website. Holidaybayreserves the right to terminate your membership and refuse to provide you with access to the Website if it is brought to Holidaybay's notice or if it is discovered that you are under the age of 18 years.Business Entity Registration:
If you are registering as a business entity, you represent that you are duly authorized by the business entity to accept this User Agreement and you have the authority to bind that business entity to this User Agreement.Guest User:
If you are browsing the website as a Guest User, you shall not be allowed to buy, sell or list product or services on Website.
- Your Account and Registration Obligations
If You use the Website, You shall be responsible for maintaining the confidentiality of your Display Name and Password and You shall be responsible for all activities that occur under your Display Name and Password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the this User Agreement, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Website and refuse to provide You with access to the Website.
- Electronic and Mobile Communications
When You use the Website or send emails or other data, information or communication to Holidaybay.com, You agree and understand that You are communicating with Holidaybay.com through electronic records and You consent to receive communications via electronic records from Holidaybay.com periodically and as and when required. ByeBye.com will communicate with You by email or electronic records on the Holidaybay.com Website which will be deemed adequate service of notice/electronic record.Holidaybay.com and/ or the concerned Merchant may send booking confirmation & update You on the booking status and/or any further information via SMS (short messaging service) on the mobile number given by You at the time of booking or listing. You hereby unconditionally consents such intimation via SMS by Holidaybay.com in accordance with the 'Do not disturb' guidelines of Telecom Regulatory Authority of India (TRAI) or such other authority in India and abroad.
- Website Services and Fees.
Membership on the Website is free. Holidaybay.com does not charge any fee for browsing and buying on the Website. Holidaybay allows Users to book activities, adventures, stays, rooms and experiences (each an "Experience") and Products with independent activity providers, tour operators, hotels and other suppliers (each a "Merchant" or “Seller”). When booking an Experience or buying a Product/ Item/ Goods, User will have to provide certain identifying information (such as mobile telephone number and email address) that will be used by the Seller to confirm User’s identity prior to participation in the Experience or buying a Product. Once booked, Holidaybay will provide User with an e-mail confirmation. Other uses of User information may include, but are not limited to, responding to requests for certain services, customizing the content you see, and communicating with you about new services.For security purposes, a Seller may require that User present a valid Photo ID, such as a passport or driver’s license. This is for identification purposes and helps Holidaybay, and Sellers, prevent fraud.
The sellers referenced through Holidaybay are independent contractors and not agents or employees of company. Holidaybay is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers or from any personal injuries, death, property damage, or other damages or expenses resulting therefrom.Sellers/ Merchants must enter into a "Merchant Agreement" with Company prior to establishing an account on Holidaybay. The Merchant Agreement includes additional terms governing the relationship with Holidaybay and use of Holidaybay.com, including the economic terms of such Sellers’s relationship with Holidaybay including but not limited to the Commissions charged and our Credit Policy. Accordingly, User hereby acknowledges, accepts and agrees to this Agreement. Merchant’s use of Holidaybay .com is subject to compliance with this Agreement and the Merchant Agreement. To the extent that there is a conflict between this Agreement and the Merchant Agreement, the Merchant Agreement shall govern.Holidaybay.com reserves the right to change its Commissions and Credit policies from time to time. In particular, Holidaybay.com may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event Holidaybay.com reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Commissions, Fee and Credit policies shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all commissions and fees shall be quoted in Indian Rupees and be payable to Holidaybay Global Private Limited within such time as specified in the invoice.4.1 How fee is charged and payment schedule: We process online payments on Merchants behalf and send the money to Merchant/ Seller after deducting our commission/ service fees. Merchants do not have to deal with online payments as we take care of it. All we need from merchants are some banking and accounting information for us to set-up online bank transfer account. We have a weekly payment cycle. Every Friday, money (order final value minus our service fees/ commissions) will be electronically transferred for all Completed Orders occurred two weeks back to your mentioned bank account.4.2 Taxes: You are responsible for paying all fees associated with the use of the Website and you agree to bear any and all applicable taxes, charges, cessesetc levied thereon.4.3 Non Payment: Holidaybay.com reserves the right to issue a warning, temporarily /indefinitely suspend or terminate your membership of the Website and refuse to provide you with access to the Website in case of non-payment of fees by you to Holidaybay.com. Holidaybay.com also reserves the right to take legal action in case of non-payment of fees by you to Holidaybay.com.
- Use of the Website
5.1. You understand and agree that Holidaybay.com and the Website merely provides hosting services to its Users and persons browsing / visiting the Website. All items
advertised / listed and the contents therein are advertised and listed by Users and are third party user generated contents. Holidaybay.com neither originates nor initiates the
transmission nor selects the sender and receiver of the transmission nor selects the information contained in the transmission. Holidaybay.com has no control over the third party
user generated contents.
5.2. You agree, undertake and confirm that your use of the Website shall be strictly governed by the following binding principles:
- "Your Information" is defined as any information you provide to us or other users of the Website ("Users") in the registration (as Registered User, buying or listing process,
in the feedback area or through any e-mail feature. You are solely responsible for Your Information, and we act only as a passive conduit for your online distribution and
publication of Your Information.
- Your Information (or any items listed):
You shall not host, display, upload, modify, publish, transmit, update or share any information or share/list(s) any information or item that:
(a) belongs to another person and to which You does not have any right to;
(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
(c) is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
(d) harm minors in any way;
(e) infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items;
(f) involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
(g) violates any law for the time being in force;
(h) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(i) impersonate another person;
(j) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
(k) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
(l) shall not be false, inaccurate or misleading;
(m) shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
(n) shall not create liability for us or cause us to lose (in whole or in part) the services of our internet service providers (ISP) or other suppliers;
(o) shall not link directly or indirectly to or include descriptions of items, goods or services that: are prohibited under the User Agreement or any other applicable law for the time being in force including but not limited to the Drugs and Cosmetics Act, 1940, the Drugs And Magic Remedies (Objectionable Advertisements) Act, 1954, the Indian Penal Code, 1860, Information Technology Act 2000 as amended time to time and rules there under; are identical to other items you have up for sale but are priced lower than your item's price, are concurrently listed for sale at a lower price on a web site other than the Website;
4. You represent and confirm that you shall be the sole and exclusive legal owner of all items, products, services, rooms or experiences of any description that you wish to offer for sale on the Website. You shall have absolute right, title and authority to deal in and offer for sale such products, services, rooms or experiences.
5. In the event that any transaction or attempted transaction relating to any items, product or service which is in violation of this User Agreement or applicable law comes to your knowledge, you shall take all steps to inform Holidaybay of the same at email@example.com
6. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules there under as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including but not limited to the provisions of any applicable Exchange Control Laws or Regulations in Force, Customs Act, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of Government of India) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/ VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding your use of our service, payment facilities and your listing, purchase, solicitation of offers to purchase, and sale of items, products, services or experiences. You shall not engage in any transaction in an item, product, service or experiences, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force. 6a. You shall not, either alone or in conjunction with other Users, manipulate or attempt to manipulate the prices of any item or services being sold or purchased on the Website
7. From time to time, you shall be responsible for providing information relating to the items, products, services or experiences proposed to be sold by you. In this connection, you undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such items or services so as to mislead other Users in any manner.
8. It is possible that other users (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on the Website and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to your use of the Website, and that the recipient may use such information to harass or injure You. We does not approve of such unauthorized uses, but by using the Website You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the Website. Please carefully select the type of information that You publicly disclose or share with others on the Website.
9. You shall not attempt to or circumvent or manipulate our Fee structure, the billing process or Fees owed to Holidaybay.com as detailed and agreed in MOU/ Merchant Agreement signed by Merchants/Sellers.
10. You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve Our right to bar any such activity.
11. You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate means.
12. You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, or any other customer, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Website.
13. You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us including the terms Holidaybay and Holidaybay.com, or otherwise engage in any conduct or action that might tarnish the image or reputation, of Holidaybay or sellers on platform or otherwise tarnish or dilute any Holidaybay’s trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or Holidaybay’s systems or networks, or any systems or networks connected to the Website.
14. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.
15. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Us on or through the Website or any service offered on or through the Website. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
16. Holidaybay shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
17. User shall not, nor permit anyone else to, directly or indirectly: (i) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or underlying algorithms of all or any part of the Website; (ii) modify or create derivatives of any part of the Website; (iii) rent, lease, or use the Service for timesharing or service bureau purposes; or (iv) remove or obscure any proprietary notices on the Website. As between the parties, Holidaybay shall own all title, ownership rights, and intellectual property rights in and to the Service, and any copies or portions thereof.
18. User shall not use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website.
19. You shall not engage in advertising to, or solicitation of, other Users of the Website to buy or sell any products, services or experience, including, but not limited to, products or services related to that being displayed on the Website or related to us. You may not transmit any chain letters or unsolicited commercial or junk e-mails to other Users via the Website. It shall be a violation of this User Agreement to use any information obtained from the Website in order to harass, abuse, or harm any another person, or in order to contact, advertise to, solicit, or sell to another person other than Us without Our prior explicit consent. In order to protect Our Users from such advertising or solicitation, We reserve the right to restrict the number of messages or emails which a user may send to other Users or post on the Website in any 24-hour period which We deems appropriate in its sole discretion. You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as we, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
We reserve the right, but have no obligation, to monitor the materials posted on the Website. Holidaybay shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of this User Agreement. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE AND IN YOUR MESSAGES. Please be advised that such Content posted does not necessarily reflect Holidaybay’s views. In no event shall Holidaybay assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Website. You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortuous, or otherwise unlawful information.
20. Your correspondence or business dealings with, or participation in promotions of, advertisers or sellers found on or through the Website, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser/ seller. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or sellers on the Website.
- Platform for Transaction and Communication
The Website is only a venue where Users may meet and interact with one another for their transactions. Holidaybay.com is not and cannot be a party to or control in any manner any transaction between two Users of the Website. Consequently:
1. All information available on the website and/ or other Holidaybay Global Private Limited websites relating to but not limited to price/ tariffs, availability, addition or deletion of any ancillary facilities or services, features, amenities offered, reservation and cancellation policies are information provided by the Seller and nothing stated therein shall be deemed to be a representation of fact by the Website. Additionally, the Seller itself may provide terms and guidelines that govern particular features or offers and policies applicable to a particular Experience or Product. The User shall be solely responsible for ensuring compliance with the terms, guidelines and policies of the Seller with whom the User elects to deal with.
2. All commercial / contractual terms are offered by and agreed to between buyers and sellers alone. The commercial / contractual terms include without limitation price, payment methods, payment terms, date, period and mode of delivery, warranties related to goods and services and after sales services related to goods and services and cancellation policies. Holidaybay.com does not have any control or determines or advises or in any way involves itself in the offering or acceptance of such commercial / contractual terms between buyers and sellers/ merchants.
3. Holidaybay.com is not responsible for any non-performance or breach of any contract entered into between Users. Holidaybay.com cannot and does not guarantee that the concerned Users will perform any transaction concluded on the Website. Holidaybay.com shall not and is not required to mediate or resolve any dispute or disagreement between Users. The User agrees that there can be exceptional circumstances where the Seller may be unable to honour confirmed bookings/ reservations/ sale due to various reasons like climatic conditions, labor unrest, insolvency, business exigencies, government decisions, operational and technical issues and force majure conditions. If Holidaybay is informed in advance of such situations where dishonor of bookings may happen, it will make its best efforts to provide similar alternative to its User or refund the booking amount minus the applicable service fees, if supported and refunded by that Seller.
4. Holidaybay.com does not make any representation or Warranty as to the attributes (such as quality, worth, marketability, etc.) of the items or services proposed to be sold or offered to be sold or purchased on the Website. In particular, Holidaybay.com does not implicitly or explicitly support or endorse the sale or purchase of any items or services on the Website. Holidaybay.com accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
5. Holidaybay.com does not make any representation or warranty as to the attributes (such as legal title, creditworthiness, identity, etc.) of any of its Users. You are advised to independently verify the bona fides of any particular User that you choose to deal with on the Website and use your best judgment in that behalf.
6. Holidaybay.com does not at any point of time during any transaction between buyer and seller on Website come into or takes of any of the goods, services or experiences offered by seller nor does it at any point gain title to or have any rights or claims over the goods, services or experiences offered by seller to buyer. Holidaybay may provide fulfilment and logistics services to certain merchants/sellers but still does not take possession or title of any product or service sold.
7. The Website is only a venue through which Users can reach a larger base to buy and sell items or services. Holidaybay.com is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Seller and the Buyer.
8. At no time shall any right, title or interest over the items vest with Holidaybay.com nor shall Holidaybay.com have any obligations or liabilities in respect of such contract. Holidaybay.com is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of items which are out of stock, sold out, overbooked or otherwise unavailable. All items are offered by sellers are only for a restricted time and only for the available supply as offered by sellers.
9. Holidaybay may add, change, discontinue, remove or suspend any listing, product or experience posted on the website, including features and specifications of products or experiences described or depicted on the Site, temporarily or permanently, at any time, without notice and without liability.
10. You release and indemnify Holidaybay.com and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Website and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Holidaybay.com cannot control the information provided by other Users which is made available on the Website. You may find other User's information to be offensive, harmful, inaccurate, or deceptive. Please use caution and practice safe trading when using the Website. Please note that there may be risks in dealing with foreign nationals, underage persons or people acting under false pretence.
Disclaimer: Pricing on any product(s)or experience(s) as is reflected on the Website may due to some technical issue, typographical error or product information published by seller may be incorrectly reflected and in such an event seller may cancel such your order(s).
Payments for items on the Website can be made through the electronic transactions, as may be permitted by Holidaybay.com to the website seller(s) in its sole discretion. Charges occur at the time of purchase or shortly thereafter. Holidaybay does not accept payment forms other than those specified on the applicable payment screen. User agrees to pay for its purchases through 3rd party payment gateways and agrees that Holidaybay and/ or it assigns may charge User’s selected payment instrument for any such payments. Holidaybay reserves the right to charge additional fees and service charges that may be charged to Users in connection with transactions We process online payments on merchant’s behalf and send the money to merchant after deducting our service fees and/ or commissions. Merchants do not have to deal with online payments as we take care of it. All we need from merchants some banking and accounting information for us to set-up online bank transfer account. We have a weekly payment cycle. Every Friday, money (order final value minus our service fees/ commissions) will be electronically transferred for all Completed Orders occurred two weeks back to your mentioned bank account.
Without limiting other remedies, Holidaybay.com may limit your activity, immediately remove your information or end your listing, warn other Users of your actions, immediately temporarily/ indefinitely suspend or terminate or block your membership, and/or refuse to provide you access to the Website in the event, but not limited to:
2. If Holidaybay.com is unable to verify or authenticate any information you provide; or
3. If it is believed that your actions may cause legal liability for you, other Users or Holidaybay.com.
Holidaybay.com may at any time at its sole discretion reinstate suspended Users. A User that has been suspended or blocked may not register or attempt to register with Holidaybay.com or use the Website in any manner whatsoever until such time that such User is reinstated by Holidaybay.com.
Notwithstanding the foregoing, if you breach the User Agreement or the documents it incorporates by reference, Holidaybay.com reserves the right to recover any amounts due and owing by you to Holidaybay.com and to take strict legal action including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against you.
All purchases on the Website are a firm commitment to purchase ("Vouchers") for experiences or products made by Holidaybay's merchants/ sellers, booking and scheduling various activities, experiences, adventures, stays and purchases other items/ goods and products.
If you are the purchaser for any item, service or experience, you are obligated to complete the transaction with the seller. By purchasing on an item you agree to be bound by the conditions of sale included in the item's or service’s description (or linked to from the description) so long as those conditions of sale are not in violation of the User Agreement or unlawful. In case of consumer goods, sellers on the Website may or may not specify the retail prices of the items being sold. You are advised to independently verify the retail prices of such items if you so desire.
Holidaybay.com strongly advises you not to test the site with false purchases, as it will put you at substantial personal legal risk. It is an offence to use a false name, other false personal information or a known invalid/ unauthorized credit/ debit/ cash card and such other infrastructure directly through Bank or financial institution infrastructure or indirectly through Payment Aggregator. Wilfully entering erroneous or fictitious bids may result in prosecution by Holidaybay.com.
Please be aware that even if you do not give Holidaybay.com your real name, your Web browser transmits a unique address to us, which can be used by law enforcement officials to identify you. If you are a registered buyer on the Website we encourage you to post feedback on the seller after the transaction is closed.
- Voucher Purchases, Fulfilments and Shipping.
Voucher purchases can only be made by Users with a Holidaybay.com account. You can create an account by either using Facebook Connect or by signing up for a Holidaybay User account at Holidaybay.com while you are making your purchase.
Vouchers can be applied only to the specific activity, experience, stay or item offered by Merchant. There is a limit one (1) Voucher per redemption. Only one Voucher can be used per order unless otherwise specified by the applicable Merchant. Vouchers have no cash value. If used for items of lesser value, cash will not be refunded by Holidaybay. Merchant refunds are at the applicable Merchant's sole discretion.
If you redeem a Voucher for less than its face value, you will not be entitled to a credit, cash or a new Voucher equal to the difference between the face value and the amount you redeemed, unless otherwise required by law. Vouchers cannot be combined with any other vouchers, third party certificates, coupons, or promotions, unless otherwise specified by applicable Merchant. Holidaybay.com from time to time may offer certain fulfilment services to Merchants/ Sellers for items they wish to sell/ list, however, Sellers remain responsible for the overall shipping quality, time it takes for the delivery, and cost of shipping. Holidaybay.com may provide pick-up, storage, and delivery services to Sellers but all of these services are provided as contract or outsourced services on behalf of Sellers. At no time, Holidaybay.com takes title or ownership of any product or inventory.
All the merchants selling at Holidaybay.com are well screened by our team before they are brought on board. We assure you that all the products and services you buy from our website, regardless of the merchant are genuine, authentic, products and services being sold by well reputed and honorable merchants at the best prices possible.
12.1 If Holidaybay.com has suspicion or knowledge, that any of its members are involved in any activity that is intended to provide claims or information that is false, misleading or not genuine, then Holidaybay.com may while reserving its rights to initiate civil and/or criminal proceedings against member may also at its sole discretion suspend, block, restrict, cancel the user id of User.
12.2 Holidaybay.com reserves its right to initiate civil and/or criminal proceedings against a user who, files an invalid and/or false claims or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, Holidaybay.com may at its sole discretion suspend, block, restrict, cancel the user id [and its related user ids] of such user and/or disqualify that member and any related members from availing protection through this program.
12.3 Any person who, knowingly and with intent to injure, defraud or deceive, files a Fraudulent Complaint containing false, incomplete, or misleading information may be guilty of a criminal offence and will be prosecuted to the fullest extent of the law.
As a registered member, you may list experiences, activities, stays and / or products for sale on the Website in accordance with the Listing Policies more fully detailed at Holidaybay.com Rules and Policies which Policy is incorporated by way of reference in this Agreement. You must be legally able to sell the item(s) you list for sale on our Website. You must ensure that the listed items do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. Listings may only include text descriptions, graphics and pictures that describe your item for sale. All listed items must be listed in an appropriate category on the Website. All listed items must be kept in stock for successful fulfilment of sales. All listings must comply with Holidaybay.com Rules and Policies which Policy is incorporated by way of reference in this Agreement.
The listing description of the item must not be misleading and must describe actual condition of the activity, experience, stay, item or product. If the product description does not match the actual conditions, you agree to refund any amounts that you may have received from the buyer. You agree not to list a single product in multiple quantities across various categories on the site. Holidaybay.com reserves the right to delete such multiple listings of the same product listed by you in various categories.
Holidaybay.com uses third party payment providers to receive payments from buyers onsellers behalf. Holidaybay.com is not responsible for delays or erroneous transaction execution or cancellation of orders due to payment issues. Holidaybay.com takes utmost care to work with 3rd party payment providers, but does not control their systems, processes, technology and work flows, hence cannot be held responsible for any fault at the end of payment providers. Further, Holidaybay.com does not release the payment to Sellers until the order has been received by Buyers and they are satisfied with it. The Sellers should expect 2 to 3 weeks of delay from the time the payment received by Holidaybay s.com on behalf of Seller to when Holidaybay.com is able to send the payment to Sellers. The Seller payment is typically net of the service fee and / or commission charged by Holidaybay.com for its services.
We encourage Registered buyers on the Website to provide feedback to seller and/ or the activity, experience, stay, product after the transaction has closed, this helps all Users to know what is the Experience all about. Please remember that you cannot retract the feedback once you have left it. Your feedback will be displayed along with your user ID. Holidaybay.com will not be responsible for the feedback that you post on the Website and you should be careful about making comments that are not factual in nature and should not post defamatory or illegal or offensive/obscene contents.
You may not take any actions that may undermine the integrity of the feedback system. If you continue to receive negative feedback ratings, Holidaybay.com reserves the right to suspend your membership, and you will be unable to list, buy or bid on the Website.
Feedback Export - You acknowledge that your feedback consists of comments left by other Users and You. As feedbacks are not designed for any purpose other than for facilitating trading between the Users, you agree that you shall not market or export your Website feedback rating in any venue other than on the Website until and unless explicitly allowed by Holidaybay to do so.
Feedback Import - We do not provide the technical ability to allow you to import feedback from other websites to Holidaybay.com because without the corresponding feedback it does not reflect your true online reputation within our community.
- Export and Trade Controls
User agrees not to import, export, re-export, or transfer, directly or indirectly, any part of the Service or any information provided on or pursuant to the Website except in full compliance with all Government of India, foreign and other applicable laws and regulations.
- Travel Considerations
When User uses the Website to gather information or make bookings, please keep in mind that certain destinations and activities may involve greater risk than others, and that experiences and adventures are inherently unpredictable activities. Holidaybay urges User to review travel prohibitions, warnings, announcements and advisories issued by the Government and other sources prior to booking travel.
User is responsible for knowing and complying with all applicable passport, visa, and other travel documentation requirements, for obtaining proper and adequate insurance coverage, and for ensuring that User and User’s travel group take appropriate health, safety, and security precautions prior to, during, and after your travel. While Holidaybay may, from time to time, provide information through the services relevant to these topics or any other aspect of the travel experience, such information is for convenience only, and is not warranted to be current, complete, or accurate. By informing User of or facilitating any arrangements involving any particular destinations or activities, Holidaybay does not represent or warrant that travel to those destinations or participation in those activities is advisable or without risk. Informing user of specific risks associated with particular destinations or activities, does not constitute a representation or warranty that there are not other risks associated with those destinations. User acknowledges and agrees that user is not liable for any damages or losses (including but not limited to any property damage, theft, personal injury, illness, or death) that may occur during or result from any travel or associated activities. User will be in the best position to evaluate current conditions and determine the relative safety and wisdom of user’s actions while travelling and User must use independent judgment and caution when choosing whether to participate in particular activities.
- Cancellation Policy:
The User agrees that cancellations of reservations for Experiences and or Products will be subject to the cancellation policy of the Seller. The User agrees that in situations due to any technical or other failure in Holidaybay, services committed earlier may not be provided or may involve substantial modification. In such cases, Holidaybay shall refund the entire amount received from the User for availing such services minus the applicable cancellation, refund, credit card merchant service fee or other service fees (if any), which shall completely discharge any and all liabilities of Holidaybay against such non-provision of services or deficiencies. Additional liabilities, if any, shall be borne by the User.
All content included on the Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Holidaybay or its content suppliers and protected by Indian and international copyright laws. The compilation of all content on the Website is the exclusive property of Holidaybay and protected by Indian and international copyright laws. All software used on (or provided through) the Website is the property of Holidaybay or its software suppliers and protected by Indian and international copyright laws.
- No Warranty:
Holidaybay.com and its suppliers, affiliates and service provider provide the Website and services on "as is" and “as available” basis and without any Warranty or condition, express, implied or statutory and specifically disclaim any implied Warranties of title, merchantability, fitness for a particular purpose and non-infringement. You expressly agree that your use of the Website is at your risk. Holidaybay makes no warranty that (i) the service is free of viruses or other harmful components, or (ii) the results of using the service will meet user's requirements No advice or information, whether oral or written, which the User obtains from Holidaybay or through its services shall create any warranty.
- Limitation of Liability:
In no event shall Holidaybay.com or its suppliers, affiliates and service providers be liable under contract, tort, strict liability, negligence or any other legal theory for any direct, indirect, incidental, special, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Website, its services or this agreement (however arising). Holidaybay.com's liability in any circumstance is limited to the amount of service charges, if any, paid by you to Holidaybay. Holidaybay.com, its associates, affiliates and service providers and technology partners make no representations or Warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website will be error free and/or uninterrupted. Consequently, Holidaybay.com assumes no liability whatsoever for any monetary or other damage suffered by you on account of: 1. Delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website; 2. Any interruption or errors in the operation of the Website. You expressly understand and agree that shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Holidaybay.com has been advised of the possibility of such damages).
You shall indemnify and hold harmless Holidaybay.com and (as applicable) Holidaybay.com's parent, subsidiaries, affiliates, third-parties and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of your breach of the User Agreement, Holidaybay.com Rules and Policies, or the documents they incorporates by reference, or your violation of any law, rules or regulations or the rights of a third party.
- Force Majure:
Holidaybay shall not be liable for delays or inabilities in performance or non-performance in whole or in part of its obligations due to any causes that are not due to its acts or omissions and are beyond its reasonable control, such as acts of God, fire, strikes, embargo, acts of government, acts of terrorism or other similar causes, problems at Sellers end, etc. In such event, the User affected will be promptly given notice as the situation permits.
None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between you and Holidaybay.com and you shall have no authority to bind Holidaybay.com in any manner whatsoever.
Except as explicitly stated otherwise, any notices shall be given by postal mail on behalf of Holidaybay.com to Holidaybay Global Private Limited Attn: Legal Department, at B/607, Krishnakunj,, SalasarBrijBhoomi, Bhayandar (West), Thane - 401101, Maharashtra, India (in the case of Holidaybay.com) or to the email address you provide to us during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
If any clause of the User Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the User Agreement.
This Agreement sets forth the entire understanding and agreement between You and Holidaybay.com with respect to the subject matter hereof.
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Holidaybay shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Holidaybay 's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sub-licensable by User except with Holidaybay's prior written consent. Holidaybay on its sole discretion may transfer, assign or delegate this Agreement and its rights and obligations without consent.
Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement
24A. Disputes Resolutions:
Generally, transactions are conducted smoothly on Holidaybay.com. However there may be some cases where both the Buyers and Sellers may face issues. At Holidaybay.com, we have a Dispute Resolution process in order to resolve disputes between Buyers and Sellers.
A 'Dispute' can be defined as a disagreement between a Buyer and a Seller in connection with a transaction on the Website. Disputes are filed as a result of a disagreement between the Buyer and the Seller. Disputes arise out of an issue that is raised by either party not being completely satisfied with the resolution of their complaint/issue.
It is important that before a Buyer/Seller raises a dispute, they should attempt to solve the issue. Please note that whenever a Buyer raises a dispute, the Seller's payment for that order is put on hold immediately until the issue is resolved.
How is a 'dispute' resolved? Whenever there is a disagreement, the Seller and Buyer can write to grievance@ Holidaybay.com in order to raise a dispute. Disputes can be raised at a particular transaction level.
In case the Seller rejects the cancellation or return request of the Buyer, and Buyer raises a dispute, then Holidaybay.com will try to mediate and resolve the dispute between both the parties. If the dispute is resolved in favour of the Buyer, a refund is provided once the product (if needed) is returned to the Seller. If the dispute is settled in favour of the Seller, Buyer is not entitled to any refund.
24B. Grievance Officer:
In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer is published herewith: Rajesh Math. Contact Information: XXXXXXXXXXXXXXXXXXX; Email grievance@Holidaybay.com.
If any dispute arises between you and Holidaybay.com during your use of the Website or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement, or the documents they incorporates by reference, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by Holidaybay.com. The place of arbitration shall be Mumbai, Maharashtra, India. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.
- Interpretation of Terms:
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, feminine and neutral form. 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.
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.
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, terms and conditions, notices, or the right to use this website by the User contained herein or any other section or pages of the Websites or its affiliate websites or any provision hereof in any manner whatsoever.
In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular affiliate website, then these terms shall control.
None of the provisions of any agreement, terms and conditions, notices, or the right to use this website by the User contained herein or any other section or pages of the Websites or its affiliate websites, shall be deemed to constitute a partnership between the User and Holidaybay and no party shall have any authority to bind or shall be deemed to be the agent of the other in any way.
- Governing Law:
The User Agreement or the documents they incorporates by reference shall be governed and construed in accordance with the laws of India.
This document is an electronic record in terms of Information Technology Act, 2000 and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.