AGREEMENT
BETWEEN USER AND SHARPHOLIDAYS.COM
The
Sharpholidays web sites are offered to you conditioned
on your acceptance without modification of the
terms, conditions, and notices contained herein.
Your use of the Sharpholidays web site constitutes
your agreement to all such terms, conditions,
and notices. If you do not agree with any part
of the following terms, conditions and notices,
you must not use the services of Sharpholidays.
Additionally,
the Sharpholidays web site may contain terms that
govern particular features or offers (for example,
packages, flights etc.) 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 Sharpholidays
web site, then these terms shall prevail.
MODIFICATION
OF THESE TERMS OF USE
Sharpholidays
reserves the right to change the terms, conditions,
and notices under which the Sharpholidays web
sites are offered, including but not limited to
the charges associated with the use of the Sharpholidays
web site. You are responsible for regularly reviewing
these terms and conditions. Sharpholidays has
endeavored to ensure that all the information
on theSharpholidayssite is correct, but Sharpholidaysneither
warrants nor makes any representations regarding
the accuracy or completeness of any data or information
contained.
LIMITED
USER
Unless
otherwise specified, theSharpholidays web site
is not for commercial use. It is specifically
meant for personal use only. The user shall not
modify, copy, distribute, transmit, display, perform,
reproduce, publish, license, create derivative
works from, transfer, or sell any information,
software, products or services obtained from this
site.
ALTERATION
IN PUBLISHED DESCRIPTION / CONTENT
Although
the Company makes every effort to ensure that
the description and content on each page of the
site is correct, it does not, however, take responsibility
for changes occurred due to human, data entry
errors. Also, Sharpholidays does not own or operate
airlines and other suppliers and cannot therefore
control or prevent changes in the published descriptions.
Sharpholidays, therefore, reserves the right to
make such changes which will be intimated to you
before the confirmation invoice is made.
LIABILITY
OF Sharpholidays
Since
Sharpholidays acts only as a booking agent, it
has no liability whatsoever for any aspect of
the arrangements between the supplier and the
customer as regard to the standard of service.
In no circumstances shall Sharpholidays will be
liable for the services provided by the supplier.
LINKS
TO THIRD PARTY SITES
The
Sharpholidays web sites may contain links to other
web sites ("Linked Sites"). The Linked
Sites are not under the control of Sharpholidays
and Sharpholidays 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. Sharpholidays is
not responsible for any form of transmission received
from any Linked Site. Sharpholidays is providing
these links to you only as a convenience, and
the inclusion of any link does not imply endorsement
by us of the site or any association with its
operators.
PROHIBITION
AGAINST UNLAWFUL USE
As
a condition of your use of the Sharpholidays web
sites, the user warrants that they will not use
the Sharpholidays web site for any purpose that
is unlawful or prohibited by these terms, conditions,
and notices. In addition the Site shall not be
used in any manner, which could damage, disable,
overburden, or impair it or interfere with any
other party's use and enjoyment of the Site. The
user shall refrain from obtaining or attempt to
obtain any materials or information through any
means not intentionally made available or provided
for through the Site.
USE
OF COMMUNICATION SERVICES
The
Sharpholidays web sites may contain services such
as email, chat, bulletin board services, information
related to various tourist spots, news groups,
forums, communities, personal web pages, calendars,
and/or other message (collectively, "Communication
Services"), you agree to use the Communication
Services only to post, send and receive messages
and material that are proper and related to the
particular Communication Service. By way of example,
and not as a limitation, you agree that when using
a Communication Service, you will not:
-
Defame,
abuse, harass, stalk, threaten or otherwise
violate the legal rights (such as rights of
privacy and publicity) of others.
-
Publish,
post, upload, distribute or disseminate any
inappropriate, profane, defamatory, infringing,
obscene, indecent or unlawful topic, name,
material or information.
-
Upload
files that contain software or other material
protected by intellectual property laws (or
by rights of privacy of publicity) unless
you own or control the rights thereto or have
received all necessary consents.
-
Upload
files that contain viruses, corrupted files,
or any other similar software or programs
that may damage the operation of another's
computer.
-
Advertise
or offer to sell or buy any goods or services
for any business purpose, unless such Communication
Service specifically allows such messages.
-
Conduct
or forward surveys, contests, pyramid schemes
or chain letters.
-
Download
any file posted by another user of a Communication
Service that you know, or reasonably should
know, cannot be legally distributed in such
manner.
-
Falsify
or delete any author attributions, legal or
other proper notices or proprietary designations
or labels of the origin or source of software
or other material contained in a file that
is uploaded.
-
Violate
any code of conduct or other guidelines, which
may be applicable for any particular Communication
Service.
-
Harvest
or otherwise collect information about others,
including e-mail addresses, without their
consent.
-
Violate
any applicable laws or regulations.
Sharpholidays
has no obligation to monitor the Communication
Services. However, Sharpholidays reserves the
right to review materials posted to a Communication
Service and to remove any materials in its sole
discretion. Sharpholidays reserves the right to
terminate the users accesses to any or all of
the Communication Services at any time without
notice for any reason whatsoever.
Sharpholidays
reserves the right at all times to disclose any
information as necessary to satisfy 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 Sharpholidays's sole discretion.
The
user should take particular care while disclosing
any identifying information in any Communication
Service, which may be identifiable.
Sharpholidays
does not control or endorse the content, messages
or information found in any Communication Service
and, therefore, Sharpholidays specifically disclaims
any liability with regard to the Communication
Services and any actions resulting from the users
participation in any Communication Service.
Materials
uploaded to a Communication Service may be subject
to posted limitations on usage, reproduction and/or
dissemination, User is responsible for adhering
to such limitations if they download the materials.
TERMINATION/ACCESS
RESTRICTION
Sharpholidays
reserves the right, in its sole discretion, to
terminate the access to any or all Sharpholidays
web sites and the related services or any portion
thereof at any time, without notice.
THIRD
PARTY ACCOUNT INFORMATION
By
using the Account Access service, the user authorizes
Sharpholidays and its agents to access third party
sites designated by them or on their behalf for
retrieving requested information, thereby appointing
Sharpholidays and its agents as their agent for
this limited purpose. While registering the user
will choose a password and is responsible for
maintaining the confidentiality of the password
and account. The user is fully responsible for
all activities that occur while using their password
or account. It is the duty of the user to notify
Sharpholidays immediately of any unauthorized
use of their password or account or any other
breach of security. Sharpholidays will not be
liable for any loss that may be incurred by the
user as a result of unauthorized use of their
password or account, either with or without their
knowledge. The user shall not use anyone else's
password at any time.
FEES;
PAYMENT
Sharpholidays
reserves the right to charge listing fees for
certain listings, as well as transaction fees
based on certain completed transactions using
the Services. Sharpholidays further reserves the
right to alter any and all fees from time to time,
without notice.
The
user shall be completely responsible for all charges,
fees, duties, taxes, and assessments arising out
of the use of the Services.
USING
THE SERVICES
Sharpholidays
is responsible only for the transactions that
are done by the user through Sharpholidays. Sharpholidays
will not be responsible for screening, censoring
or otherwise controlling transactions, including
whether the transaction is legal and valid as
per the laws of the land of the user. The user
warrants that they will abide by all such additional
procedures and guidelines, as modified from time
to time, in connection with the use of the services.
The user further warrants that they will comply
with all applicable laws and regulations regarding
use of the services.
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 Sharpholidays
web site, then these terms shall control.
DISCLAIMER
Sharpholidays
is not responsible for any errors, omissions or
representations on any of our pages or on any
links on any of their pages. Sharpholidays does
not endorse any advertiser on our web pages in
any manner. The users are requested to verify
the accuracy of all information on their own before
undertaking any reliance.
The
linked sites are not under the control of Sharpholidays
and Sharpholidays is not responsible for the contents
of any linked site or any link contained in a
linked site, or any changes or updates to such
sites. Sharpholidays is providing these links
to the users only as a convenience, and the inclusion
of any link does not imply endorsement of the
site bySharpholidays.
Sharpholidays
hereby expressly disclaims any implied warranties
imputed by the laws of any jurisdiction. Sharpholidays
considers itself and intends to be subject to
the jurisdiction only of the courts of NCT of
Delhi, India.
If
the user does not agree with any of the disclaimers
above they are advised not to read the material
on any of theSharpholidays pages.
The
user expressly agrees that use of the services
is at their sole risk. The services are provided
on an "as is" and "as available"
basis. Sharpholidays may change the features or
functionality of the services at any time, in
their sole discretion. Sharpholidays expressly
disclaims all warranties of any kind, whether
express or implied, including, but not limited
to the implied warranties of merchantability,
fitness for a particular purpose and non-infringement.
The
information, software, products, and services
included in or available through the Sharpholidays
web sites may include inaccuracies or typographical
errors. Changes are periodically added to the
information herein. Sharpholidays may make improvements
and/or changes in the Sharpholidays web sites
at any time. Any advice received except through
an authorised representative of Sharpholidays
via the Sharpholidays web sites should not be
relied upon for any decisions.
Sharpholidays
at its sole discretion reserves the right not
to accept any customer order without assigning
any reason thereof. Any contract to provide any
service by Sharpholidays is not complete until
full money towards the service is received from
the customer.
The
maximum liability on part of Sharpholidays arising
under any circumstances, in respect of any services
offered on the site, shall be limited to the refund
of total amount received from the customer for
availing the services. In no case the liability
shall include any consequential loss, damage or
additional expense whatsoever.
In
no event shall Sharpholidays and/or its suppliers
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 Sharpholidays web sites. Neither
shall Sharpholidays be responsible for the delay
or inability to use the Sharpholidays web sites
or related services, the provision of or failure
to provide services, or for any information, software,
products, services and related graphics obtained
through the Sharpholidays web sites, or otherwise
arising out of the use of theSharpholidays web
sites, whether based on contract, tort, negligence,
strict liability or otherwise. The user understands
and agrees any material and/or data downloaded
or otherwise obtained through the use of the Service
is done at their own discretion and risk and they
will be solely responsible for any damage to their
computer systems or loss of data that results
from the download of such material and/or data.
No
advice or information, whether oral or written,
which the user obtains from Sharpholidays or through
the services shall create any warranty not expressly
made herein. In case the user is not satisfied
with any services provided under this site or
any portion of the Sharpholidays web site, or
with any of these terms of use, their sole and
exclusive remedy is to discontinue using this
site.
PROPRIETARY
RIGHTS
Sharpholidays
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 Sharpholidays and may
not copy, transmit or create derivative works
of such material without express authorization.
The
user acknowledges and agree that they shall not
upload, post, reproduce, or distribute any content
on or through the Services 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 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.
MODIFICATION
OF THESE TERMS OF USE
Sharpholidays
reserves the right to change the terms, conditions,
and notices under which the Sharpholidays web
sites are offered, including but not limited to
the charges. The user is responsible for regularly
reviewing these terms and conditions.
PERSONAL
AND NON-COMMERCIAL USE LIMITATION
Unless
otherwise specified, the Sharpholidays web sites
are for your personal and non-commercial use.
The user may not modify, copy, distribute, transmit,
display, perform, reproduce, publish, license,
create derivative works from, transfer, or sell
any information, software, products or services
obtained from the Sharpholidays web sites.
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