Terms & Conditions
Hello and welcome to Ferna Holidays
This platform allows its users to connect with each other or with service providers/businesses in their city. They can also book a service provider. Please read these terms/agreements carefully.Once accepted, these terms become a legal commitment between you and https://www.fernaholidays.com/
Terms & Conditions
In terms of the Information Technology Act, 2000, this document is an electronic record generated by a computer system and it does not require any physical or digital signatures. This document is published in accordance with the provisions of applicable laws and regulations which require publishing the rules, regulations, privacy policy and terms & conditions for access or usage of www.fernaholidays.com. Terms “You” or “User”, whenever the context so requires, for the purposes of these Terms, shall mean any natural or legal person (defined hereinafter) who may create by registering an account on this Website or agree to avail our services through this website URL, or otherwise access our Website. The expressions “We”, “Us”, “Our”, “Website” shall mean www.fernaholidays.com/ or its affiliates or agents or partners. These terms and conditions (“Terms”) apply to your use of this Website. You agree to be bound by these Terms by accessing or using this Website. You may create your account by registering on this Website and/or purchase the leads through this Website as governed by these Terms. We reserve the sole right of updating these Terms from time to time without any prior notice. Your continued use of the Website post any such update to these Terms would be an agreement to acceptance on your part to the revisions made herein and you are thus giving your consent for these.
General Working and User Registration
Users who are competent to contract under the Indian Contract Act, 1872, are eligible to register themselves as members on this Website and can avail our services. Persons who are competent to contract would mean and include every person who, (i) has completed 18 years of age (as per The Indian Majority Act, 1875); (ii) is of sound mind and (iii) not disqualified from contracting by any law for the time being in force in India. It is required for you to visit the URL and register on the Website by feeding certain personal details and thereby you agree to provide accurate, true, present and complete information about yourself as in the registration form. If you provide untrue, inaccurate, not current or incomplete information, or we have reasonable grounds to suspect that you have provided such information, then the Website may (in addition to any other rights or remedies available to us) reject registration, leading to suspension of access to all current or future use of the Website and the services (or any portion thereof) permanently without any prior notice. When you sign-up, you will share your personal information via registration automatically which will be stored in our database which will be maintained and used in accordance to the Privacy Policy.
Termination of Services
We reserve all rights to suspend, terminate or deny your access to the services without any prior notice, for any possible reason including violation of Terms. In case termination/suspension/denial of access is due to non-payment or late renewals then too we will not be held liable for the same.
Privacy Guidelines
For user registration process, you will be required to choose a strong password and you shall provide correct information on our website while creating your account. You will be responsible to maintain the confidentiality of your password. We reserve all rights to access, share, communicate, convey, and disseminate some or all of the customer specific information to the extent it is permissible under the applicable laws in India, in order to provide better services to the Users. We make sure to store and protect your personal information which includes sensitive financial information, if collected, by employing adequate and reasonable security measures in accordance with Information Technology Act, 2000 and the Rules thereunder.
Access Rights to Content
A variety of information, text, graphics, data and other materials (“content”) is available on the website. The content available on the Website shall be used solely for your non-commercial use and/or to benefit from the products, services intimated on the website. No right, title or interest in any content is transferred to you, whether as a result of downloading or reproducing such content or otherwise. The website reserves complete ownership, title and full intellectual property rights in all content uploaded by Us. Except as expressly authorized by this Terms, you may not use, alter, copy, distribute, transmit, or derive another work from any Content obtained from the Website or the service. Complete ownership, title and full intellectual property rights in all works/content uploaded by any user on the website belongs to such user. The website grants you a nonexclusive, non-transferable, revocable, limited rights to view the content retrieved from the website only for your personal, non-commercial use, provided that you do not remove or obscure any copyright notice, trademark notice, or other proprietary rights notices displayed on or in conjunction with the Content. You may not use any content available via the website in any other manner or for any purpose without the prior written permission of the website. All rights not expressly granted in this Terms are expressly reserved to Us www.fernaholidays.com/ may at any time modify, discontinue, or suspend its operation of this website, or any part thereof, temporarily or permanently, without notice to you.
www.fernaholidays.com/ Trademarks and Property of the Advertising Services
The client acknowledges that it is not authorized to use www.fernaholidays.com/ name or any of its trademarks without the prior written consent of www.fernaholidays.com. Fernaholidays owns the intellectual property rights related to the Advertising Services, including but not limited to the print and digital advertisements, the Website and video. The client undertakes not to reproduced same without www.fernaholidays.com/ prior written consent. Notwithstanding the foregoing and provided the client is not in default of payment of Fees, upon expiry of the Initial Term client may obtain all transferable intellectual property associated with their Website and video. Communication, Indemnity & Disclaimer of Warranties and Liability
Users will be required to register their valid phone numbers and e-mail addresses to facilitate any sort of communication via email or phone call. We may also use your e-mail address to send you updates, newsletters, changes to features of the service, and the like to provide you better services. You agree to indemnify, defend and hold harmless www.fernaholidays.com/ Webs and its affiliates, agents, employees, directors, officers, agents, vendors and suppliers from and against any liability, losses, claims, damages, demands, investigations, inquiries, suits, costs and expenses (including legal fee and costs incidental thereto) asserted against or incurred by www.fernaholidays.com/ that arise out of or otherwise relating to your use of the website, including without limitation any obligation to be performed by you pursuant to these Terms. Further, you agree to hold www.Natfoo.in harmless against any claims made by any third party due to, or arising out of or otherwise relating to your use of the website, any claim arising out of damage caused to third party by you, breach of these Terms by you, or your violation of any rights of another, including any intellectual property rights. Notwithstanding anything to the contrary, our entire liability towards you under these Terms or otherwise shall only be in connection with refund of the money charged from you for any particular product or service, under which the unlikely liability arises. You understand and acknowledge that you are availing our services and transacting on our website at your own risk. We shall neither be liable nor responsible for any actions or inactions of the user. We further expressly disclaim any warranties, conditions, representations and stipulations (express or implied) in respect of quality, reliability, accuracy, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products displayed or transacted on our website.
Limitation of Liability
The website and its affiliates or partners take no responsibility for any consequence relating directly or indirectly to any action or inaction taken based on the content available on the website. You must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. You specifically acknowledge that the website and its affiliates or partners are not liable for any defamatory, offensive or illegal conduct by the user or any third party. Additionally, in no event the website will or its affiliates or partners be liable for any special, indirect, incidental, punitive, or consequential damages, including, without limitation, any loss of use, loss of profits, loss of data, cost of procurement of substitute products or services, or any other such damages, howsoever caused, and on any theory of liability, whether for breach of contract, tort (including negligence and strict liability), or otherwise resulting from the use of, or the inability to use the website or its content; the cost of procurement of substitute services, provided by the website; unauthorized access to or alteration of your transmissions or data; the statement or conduct of any third party on the website; or any other matter relating to the website. These limitations will apply whether or not the website has been advised of the possibility of such damages and notwithstanding any failure of essential purpose of any limited remedy.
Disclaimer and Waiver
No warranties are made that the website will meet your requirements, or that access to the Website will be uninterrupted, timely, secure, or error-free, or that defects, if any, will be corrected. The website makes no warranties as to the accuracy, or reliability of any information provided through the Website. Any failure on our part to exercise any provision or right under these Terms, shall not constitute a waiver by us of that provision or right.
Governing Law and Dispute Resolution
The present Terms shall be governed and construed in accordance with the laws of India, without regard to its conflict of law provisions. All disputes shall be decided by single arbitrator mutually appointed by both parties. In case the parties cannot mutually nominate an arbitrator, the arbitrator’s appointment shall be governed in accordance with the Arbitration and Conciliation Act 1996, amendment act (2015) or any statutory enactment thereof. Any arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of the arbitration award; the award of which is binding on both parties. All administrative fees and expenses of arbitration will be divided equally between you and us. In all arbitrations, each party will bear the expense of its own lawyers and preparation. The seat of arbitration shall be as per mutual understanding of both parties and all proceedings shall be conducted in English.
Last Updated : 05th May 2023