This section sets forth the terms and conditions under which FLYING SQUIRREL HOLIDAYSprovides the information on this Website, as well as the terms and conditions governing your use of this site. By making use of this site, you (i.e. “the User”) agree to be bound by the terms and conditions we have outlined belowand thus enter into abinding Agreement with FLYING SQUIRREL HOLIDAYS:
01. FLYING SQUIRREL HOLIDAYS has endeavored to ensure that all the information on the website is correct, but FLYING SQUIRREL HOLIDAYS neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data or information contained. FLYING SQUIRREL HOLIDAYS makes no warranty, expressed 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 the information contained in the website.
02. When you use the website for online booking of services, please ensure that all the information provided by you is accurate.FLYING SQUIRREL HOLIDAYS cannot be liable for any erroneous information given by you. FLYING SQUIRREL HOLIDAYS will not in any way be liable for any loss or inconvenience suffered by you as a result of erroneous information provided by you.
03. FLYING SQUIRREL HOLIDAYS shall be in no way responsible for the content of the advertisers. It may be noted that FLYING SQUIRREL HOLIDAYS does not in any way or in any manner endorse the products or services advertised on its website by third party advertisers. Users would be responsible for verifying the contents and information provided in such advertisements before making any decisions based on the same.
04. FLYING SQUIRREL HOLIDAYS 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.
05. 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 terms of services 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.
06. Information concerning FLYING SQUIRREL HOLIDAYS, their employees, customers, agents, or others on whom data is collected, stored, or processed is the property of FLYING SQUIRREL HOLIDAYS and is confidential except for the necessary disclosures required by law.
07. The website may contain services such as email, chat, bulletin board services, information related to various tourist spots, news groups, forums, communities, personal web pages, calendars, and/or other message (hereinafter collectively referred to as "communication services"). The user agrees and undertakes to use the communication services only to post, send and receive messages and material that are proper and related to the particular communication service. By way of example, and not as a limitation, the user agrees and undertakes that when using a communication service, the user will not:
- a. defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
- b. publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
- c. upload files that contain software or other material protected by intellectual property laws unless the user owns or controls the rights thereto or have received all necessary consents;
- d. upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the website or another's computer;
- e. advertise or offer to sell or buy any goods or services for any business purpose, unless such communication service specifically allows such messages;
- f. conduct or forward surveys, contests, pyramid schemes or chain letters;
- g. download any file posted by another user of a communication service that the user know, or reasonably should know, cannot be legally distributed in such manner;
- h. falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
- i. violate any code of conduct or other guidelines, which may be applicable for or to any particular communication service;
- j. violate any applicable laws or regulations for the time being in force in or outside India; and
- k. violate any of the terms and conditions of this agreement or any other terms and conditions
08. The User shall hold FLYING SQUIRREL HOLIDAYS fully indemnified and harmless in case any suit, action, application, revision, writ petition, execution proceedings, claim, demand or any other legal proceedings are initiated against FLYING SQUIRREL HOLIDAYS due to any action /s of the User in using the website.
09. FLYING SQUIRREL HOLIDAYS has no obligation to monitor the communication services. However, FLYING SQUIRREL HOLIDAYS reserves the right to review materials posted through communication service and to remove any materials in its sole discretion. FLYING SQUIRREL HOLIDAYS 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.
10. FLYING SQUIRREL HOLIDAYS 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, at FLYING SQUIRREL HOLIDAYS 's sole discretion.
11. The user shall be liable to pay all applicable charges, fees, duties, taxes, levies and assessments for availing the FLYING SQUIRREL HOLIDAYS services.
12. In consideration of use of the website, 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 using the website and/or receiving the services under the laws of India or other applicable law.
13. The user also understands that the services may include certain communications from FLYING SQUIRREL HOLIDAYSas service announcements and administrative messages. The user understands and agrees that the services are provided on an "as is" basis and that FLYING SQUIRREL HOLIDAYS does not assume any responsibility for deletions, mis-delivery or failure to store any user communications or personalized settings.
14. The information provided on this site is distributed with the understanding that FLYING SQUIRREL HOLIDAYS is not providing professional advice of any type. If you have a question requiring professional advice, such as question relating to law, tax or financial planning, please seek the advice of a qualified professional in the relevant field. WARRANTIES of FLYING SQUIRREL HOLIDAYS specifically disclaims all warranties with respect to this Web site or your use thereof, express, implied, or otherwise, including without limitation, all warranties of merchantability and fitness for a particular purpose. FLYING SQUIRREL HOLIDAYS shall not be liable for any damages resulting from the use or misuse of this site or the information on this site.
This disclaimer, limitation of liability and exclusions shall apply irrespective of whether the damages arise from (a) Breach of Warranty, (b) Negligence (c) Breach of Contract and (d) any other cause of action to the extent such limitation and exclusion are not rendered invalid by applicable law.
15. Registration of the user on the website is optional. You confirm that you are the authorized holder of the credit card or the original account holder used in the transactions you make for FLYING SQUIRREL HOLIDAYSservices.
16. The user also agrees to: (a) provide true, accurate and complete information about himself and his beneficiaries as prompted by the registration form ("registration data") on the website; and (b) maintain and promptly update the registration data to keep it true, accurate, current and complete. If the user provide any information that is untrue, inaccurate, not current or incomplete or FLYING SQUIRREL HOLIDAYS has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, FLYING SQUIRREL HOLIDAYS has the right to suspend or terminate the user's registration and refuse any and all current or future use of the website and/or any service.
17. Furthermore, the user grants FLYING SQUIRREL HOLIDAYS the right to disclose to third parties registration data to the extent necessary for the purpose of carrying out the services.
18. FLYING SQUIRREL HOLIDAYS 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 FLYING SQUIRREL HOLIDAYS and shall not copy, transmit or create derivative works of such material without express authorization from FLYING SQUIRREL HOLIDAYS.
19. The user agrees that FLYING SQUIRREL HOLIDAYS may under certain circumstances and without prior notice, immediately terminate the user's 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 terms of services, 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 terms of services.
20. It is made clear that all differences/disputes howsoever arising out of or in connection with this Agreement shall be resolved through discussion failing which, by arbitration. The discussions shall be held in the spirit of resolution of the issues that have arisen with the intention of resolving the issues amicably at the earliest. If the applicant is not satisfied with the outcome of the discussions, within 15 (fifteen) days from the receipt of the response, it shall resort to arbitration. In such circumstances, the parties shall be bound to submit all disputes and differences howsoever arising out of or in connection with this agreement to arbitration to be held in accordance with the regulations of The Indian Arbitration and Conciliation Act, 1996 and any amendments made thereof by one or more Arbitrators. The parties hereby agree that the decision of the Arbitrator/s shall be binding on them. The place of arbitration shall be Kolkata, India. The language to be used in the arbitration proceedings shall be English.
21. This agreement and each term of services shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts of Kolkata only.