ACCEPTANCE OF TERMS
1.1
Forevacations.com website ("Website") is an internet based travel portal
owned and operated by Fore Representations & Travels Private Limited (“Fore Vacations"),
a company incorporated under the laws of India, with its registered office at J-9/59,
Rajouri Garden New Delhi-27.
1.2
Through the Website, Fore Vacations shall provide you ("User") travel-related information,
pricing, availability and reservations for airlines, hotels, holiday packages throughout
India ("Service"), as more particularly described and defined in the terms of service
("TOS") relating to such Service, as set out in Annex 1; This Service may be availed
by the User, his family members and friends in India at any time during the year
through vendors ("Service Providers").
1.3
This User Agreement ("Agreement") sets out the terms and conditions on which Fore
Vacations shall provide the Services to the User through the Website. In addition
to this Agreement and depending on the Services opted for by the User, the User
shall be required to read and accept the relevant TOS for such Service, which may
be updated or modified by Fore vacations from time to time. Such TOS shall be deemed
to be a part of this Agreement and in the event of a conflict between such TOS and
this Agreement, the terms of this Agreement shall prevail..
1.4
Use of the Website is offered to the User conditioned on acceptance without modification
of all the terms, conditions and notices contained in this Agreement and the TOS,
as may be posted on the Website from time to time. For the removal of doubts, it
is clarified that use of the Website by the User constitutes an acknowledgement
and acceptance by the User of this Agreement and the TOS. If the User does not agree
with any part of such terms, conditions and notices, the User must not use the Website.
1.5
Additionally, the Service Provider may provide terms and guidelines that govern
particular features, offers or the operating rules and policies applicable to each
Service (for example, flights, hotel reservations, packages, etc.). The User shall
be responsible for ensuring compliance with the terms and guidelines or operating
rules and policies of the Service Provider with whom the User elects to deal, including
terms and conditions set forth in a Service Providers' fare rules or contract of
carriage. In the event that any of the terms, conditions and notices contained in
this Agreement or the TOS conflict with the additional/other terms and guidelines
specified by the Service Provider, then the latter terms/guidelines shall prevail.
1.6
Fore Vacations at its sole discretion reserves the right not to accept any order
placed by the user through the website without assigning any reason thereof. Any
contract to provide any service by Fore Vacations is not complete until full money
towards the service is received from the user and accepted by Fore Vacations.
MODIFICATION OF TERMS
Fore Vacations reserves the right to change the terms, conditions and notices under
which the Services are offered through the Website, including but not limited to
the charges for the Services provided through the Website. The User shall be responsible
for regularly reviewing these terms and conditions.
PRIVACY POLICY
The User hereby consents, expresses and agrees that he has read and fully understands
the Privacy Policy of Fore Vacations in respect of the Website, as set out in Annex
2 The User further consents that the terms and contents of such Privacy Policy are
acceptable to him.
LIMITED USER
4.1
The User agrees and undertakes not to sell, trade or resell or exploit for any commercial
purposes, any portion of the Service. For the removal of doubt, it is clarified
that the Website is not for commercial use but is specifically meant for personal
use only..
4.2
The User further agrees and undertakes not to reverse engineer, 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 Website. Limited reproduction and copying of the content of the Website
is permitted provided that the Fore Vacation’s name is stated as the source. For
the removal of doubt, it is clarified that unlimited or wholesale reproduction,
copying of the content for commercial or non-commercial purposes and unwarranted
modification of data and information within the content of the Website is not permitted.
DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY
5.1
Fore Vacations has endeavored to ensure that all the information on the website
is correct, but Fore Vacations neither warrants nor makes any representations regarding
the quality, accuracy or completeness of any data or information contained. Fore
Vacations makes no warranty, express or implied, concerning the website and/or its
contents and disclaims all warranties of fitness for a particular purpose and warranties
of merchantability in respect of services, including any liability, responsibility
or any other claim, whatsoever, in respect of any loss, whether direct or consequential,
to any user or any other person, arising out of or from the use of the information
contained in the website.
5.2
Since Fore Vacations acts only as a booking agent, it shall not have any liability
whatsoever for any aspect of the arrangements between the service provider and the
user as regards the standards of services provided by the service providers. In
no circumstances shall Fore Vacations be liable for the services provided by the
service provider.
5.3
Although Fore Vacations makes reasonable commercial efforts to ensure that the description
and content on each page of the website is correct, it does not, however, takes
responsibility for changes that occurred due to human or data entry errors or for
any loss or damages suffered by any user due to any information contained herein.
also, Fore Vacations is not the service provider and cannot therefore control or
prevent changes in the published descriptions which are based upon information provided
by the service providers.
5.4
Fore Vacations does not endorse any advertiser on its website in any manner. The
users are requested to verify the accuracy of all information on their own before
undertaking any reliance on such information.
5.5
Fore Vacations does not, by offering travel related services to particular destinations,
represent or warrant that travel to such destinations is without risk, and shall
not be liable for damages or losses that may result from travel to such destinations
5.6
In no event shall Fore Vacations be liable for any direct, indirect, punitive, incidental,
special, consequential damages or any other damages resulting from: (a) the use
or the inability to use the services; (b) the cost of procurement of substitute
goods and services or resulting from any goods, information or services purchased
or obtained or messages received or transactions entered into through the services;
(c) unauthorized access to or alteration of the user's transmissions or data; (d)
any other matter relating to the services; including, without limitation, damages
for loss of use, data or profits, arising out of or in any way connected with the
use or performance of the website.
Neither shall Fore Vacations be responsible for the delay or inability to use the
website or related services, the provision of or failure to provide services, or
for any information, software, products, services and related graphics obtained
through the website, or otherwise arising out of the use of the website, whether
based on contract, tort, negligence, strict liability or otherwise. Further, Fore
Vacations shall not be held responsible for non-availability of the website during
periodic maintenance operations or any unplanned suspension of access to the website
that may occur due to technical reasons or for any reason beyond Fore Vacation's
control. The user understands and agrees that any material and/or data downloaded
or otherwise obtained through the website is done entirely 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.
These limitations, disclaimer of warranties and exclusions apply without regard
to whether the damages arise from (a) breach of contract, (b) breach of warranty,
(c) negligence, or (d) any other cause of action, to the extent such exclusion and
limitations are not prohibited by applicable law.
The maximum liability on part of Fore Vacations 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 less any cancellation,
refund or others charges, as may be applicable. In no case the liability shall include
any consequential loss, damage or additional expense whatsoever.
LINKS TO THIRD PARTY SITES
6.1
The Website may contain links to other websites ("Linked Sites"). The Linked Sites
are not under the control of Fore Vacations or the Website and Fore Vacations 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.
Fore Vacations is not responsible for any form of transmission, whatsoever, received
by the User from any Linked Site. Fore Vacations is providing these links to the
User only as a convenience, and the inclusion of any link does not imply endorsement
by Fore Vacations or the Website of the Linked Sites or any association with its
operators or owners including the legal heirs or assigns thereof.
6.2
Fore Vacations is not responsible for any errors, omissions or representations on
any Linked Site. Fore Vacations does not endorse any advertiser on any Linked Site
in any manner. The Users are requested to verify the accuracy of all information
on their own before undertaking any reliance on such information.
PROHIBITION AGAINST UNLAWFUL USE
As a condition of the use of the Website, the User warrants that they will not use
the Website for any purpose that is unlawful or illegal under any law for the time
being in force within or outside India or prohibited by this Agreement and/or the
TOS including both specific and implied. In addition, the Website shall not be used
in any manner, which could damage, disable, overburden or impair it or interfere
with any other party's use and/or enjoyment of the Website. The User shall refrain
from obtaining or attempting to obtain any materials or information through any
means not intentionally made available or provided for or through the Website.
USE OF COMMUNICATION SERVICES
8.1
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 for the use of the website
contained elsewhere herein.
8.2
Fore Vacations has no obligation to monitor the Communication Services. However,
Fore Vacations reserves the right to review materials posted through Communication
Service and to remove any materials in its sole discretion. Fore Vacations reserves
the right to terminate the User's access to any or all of the Communication Services
at any time without notice for any reason whatsoever.
8.3
Fore Vacations reserves the right at all times to disclose any information as is
necessary to satisfy or comply with any applicable law, regulation, legal process
or governmental request, or to edit, refuse to post or to remove any information
or materials, in whole or in part, in Fore Vacation's sole discretion.
8.4
Fore Vacations does not control or endorse the content, messages or information
found in any communication service and, therefore, Fore Vacations specifically disclaims
any liability or responsibility whatsoever with regard to the communication services
and any actions resulting from the user's participation in any communication service.
8.5
Materials uploaded to a Communication Service may be subject to posted limitations
on usage, reproduction and/or dissemination. User is responsible for keeping himself
updated of and adhering to such limitations if they download the materials.
8.6
When you register with Fore Vacations.com, we or any of our partners/affiliate/group
companies may contact you from time to time to provide the offers/information of
such products/services that we believe may benefit you.
TERMINATION/ACCESS RESTRICTION
Fore Vacations reserves the right, in its sole discretion, to terminate the access
to the website and the related services or any portion thereof at any time, without
notice.
FEES PAYMENT
10.1
Fore Vacations reserves the right to charge listing fees for certain listings, as
well as transaction fees based on certain completed transactions using the Fore
Vacations Services. Fore Vacations further reserves the right to alter any and all
fees from time to time, without notice.
10.2
The User shall be liable to pay all applicable charges, fees, duties, taxes, levies
and assessments for availing the Fore Vacations Services.
USER'S OBLIGATIONS AND USER ACCOUNT
11.1
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.
11.2
To avail a Service the User has and must continue to maintain at his sole cost:
(a) all the necessary equipments including a computer and modem etc. to access the
Website/avail Services; (b) own access to the World Wide Web. The User shall be
responsible for accessing the Services and that access may involve third party fees
including, airtime charges or internet service provider’s charges which are to be
exclusively borne by the User.
11.3
The user also understands that the services may include certain communications from
Fore Vacations as service announcements and administrative messages. The user understands
and agrees that the services are provided on an "as is" basis and that Fore Vacations
does not assume any responsibility for deletions, mis-delivery or failure to store
any user communications or personalized settings.
11.4
Registration of the User on the Website is optional. If the User opts to register
himself on the Website, upon completion of the registration process, the User shall
receive a user id and password. The User agrees and undertakes at all times to be
responsible for maintaining the confidentiality of the password and user id, and
shall be fully responsible for all activities that occur by use of such password
or user id. Further, the User agrees not to use any other party's under id and password
for any purpose whatsoever without proper authorization from such party.
You are responsible for the security of your password and for all transactions undertaken
using your password through our service. The Password entered by you is transmitted
in one- way encrypted form to our database and stored as such. Thus the Password
will not be known even to Fore Vacations. You confirm that you are the authorized
holder of the credit card or the original account holder used in the transactions
you make using the Fore Vacations services. Fore vacations will not be responsible
for any financial loss, inconvenience or mental agony resulting from misuse of your
ID/password/credit card number/account details number for using Fore vacations Services.
11.5
The user also agrees and undertakes to immediately notify Fore Vacations of any
unauthorized use of the user's password or user id and to ensure that the user logs
off at the end of each session at the website. Fore Vacations shall not be responsible
for any, direct or indirect, loss or damage arising out of the user's failure to
comply with this requirement.
11.6
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 Fore vacations has reasonable
grounds to suspect that such information is untrue, inaccurate, not current or incomplete,
Fore Vacations 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.
11.7
Furthermore, the User grants Fore Vacations the right to disclose to third parties
Registration Data to the extent necessary for the purpose of carrying out the Services.
BREACH
12.1
Without prejudice to the other remedies available to Fore Vacations under this agreement,
the tos or under applicable law, Fore Vacations may limit the user's activity, or
end the user's listing, warn other users of the user's actions, immediately temporarily/indefinitely
suspend or terminate the user's registration, and/or refuse to provide the user
with access to the website if:
(A) The user is in breach of this agreement, the tos and/or
the documents it incorporates by reference;
(B) Fore Vacations is unable to verify or authenticate any
information provided by the user; or
(C) Fore Vacations believes that the user's actions may
infringe on any third party rights or breach any applicable law or
otherwise result in any liability for the user, other users of the website and/or
Fore Vacations.
12.2
Fore vacations may at any time in its sole discretion reinstate suspended users.
Once the user have been indefinitely suspended the user may not register or attempt
to register with Fore Vacations or use the website in any manner whatsoever until
such time that the user is reinstated by Fore Vacations. Not withstanding the foregoing,
if the user breaches this agreement, the tos or the documents it incorporates by
reference, Fore Vacations reserves the right to recover any amounts due and owing
by the user to Fore vacations and/or the service provider and to take strict legal
action as Fore vacations deems necessary.
PROPRIETARY RIGHTS
13.1
Fore Vacations 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
Fore Vacations and shall not copy, transmit or create derivative works of such material
without express authorization from Fore Vacations.
13.2
The User acknowledges and agrees that they shall not upload post, reproduce or distribute
any content on or through the Website that is protected by copyright or other proprietary
right of a third party, without obtaining the permission of the owner of such right.
Any copyrighted or other proprietary content distributed on or through the Website
with the consent of the owner must contain the appropriate copyright or other proprietary
rights notice. The unauthorized submission or distribution of copyrighted or other
proprietary content is illegal and could subject the User to personal liability
or criminal prosecution.
RELATIONSHIP
None of the provisions of this Agreement, terms and conditions, notices or the right
to use the Website by the User contained herein or any other section or pages of
the Website and/or the Linked Sites, shall be deemed to constitute a partnership
between the User and Fore Vacations and no party shall have any authority to bind
or shall be deemed to be the agent of the other in any way. It may be noted, however,
that if by using the Website, the User authorizes Fore Vacations and its agents
to access third party sites designated by them or on their behalf for retrieving
requested information, the User shall be deemed to have appointed Fore Vacations
and its agents as their agent for this purpose.
HEADINGS
The headings and subheadings herein are included for convenience and identification
only and are not intended to describe, interpret, define or limit the scope, extent
or intent of this Agreement, the TOS or the right to use the Website by the User
contained herein or any other section or pages of the Website or any Linked Sites
in any manner whatsoever.
INTERPRETATION OF NUMBER AND GENDERS
The terms and conditions herein shall apply equally to both the singular and plural
form of the terms defined. Whenever the context may require, any pronoun shall include
the corresponding masculine and feminine. The words "include", "includes" and "including"
shall be deemed to be followed by the phrase "without limitation". Unless the context
otherwise requires, the terms "herein", "hereof", "hereto", "hereunder" and words
of similar import refer to this Agreement as a whole.
INDEMNIFICATION
The User agrees to indemnify, defend and hold harmless Fore Vacations from and against
any and all losses, liabilities, claims, damages, costs and expenses (including
legal fees and disbursements in connection therewith and interest chargeable thereon)
asserted against or incurred by Fore Vacations that arise out of, result from, or
may be payable by virtue of, any breach or non-performance of any representation,
warranty, covenant or agreement made or obligation to be performed by the User pursuant
to this Agreement and/or the TOS.
SEVERABILITY
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.
TERMINATION OF AGREEMENT AND SERVICES
19.1
Either the User or Fore Vacations may terminate this Agreement and a Service with
or without cause at any time to be effective immediately..
19.2
The User agrees that Fore Vacations may under certain circumstances and without
prior notice, immediately terminate the User's user id and access to the Website/Services.
Causes for termination may include, but shall not be limited to, breach by the User
of this Agreement or the TOS, requests by enforcement or government agencies, requests
by the User, non-payment of fees owed by the User in connection with the Services
as specified in the applicable TOS.
19.3
This Agreement may be terminated by either the User or Fore Vacations through a
written notice to the other. Fore vacations shall not be liable to the User or any
third party for termination of any Service. Should the User object to any terms
and conditions of this Agreement, any TOS or become dissatisfied with the Service
in any way, the User's only recourse is to immediately: (a) discontinue use of the
Website/Service; and (b) notify Fore Vacations of such discontinuance.
19.4
Upon termination of the Service, User's right to use the Website/Services and software
shall immediately cease. The User shall have no right and Fore Vacations shall have
no obligation thereafter to execute any of the User's uncompleted tasks or forward
any unread or unsent messages to the User or any third party. Once the User's registration
or the Services are terminated, cancelled or suspended, any data that the User has
stored on the Website may not be retrieved later.
NOTICES
All notices and communications (including those related to changes in the TOS, Service,
termination of Service etc.,) shall be in writing, in English and shall deemed given
if delivered personally or by commercial messenger or courier service, or mailed
by registered or certified mail (return receipt requested) or sent via email/facsimile
(with acknowledgment of complete transmission) to the following address.
(a) If to Fore vacations, at
vacations@forerepresentations.com
or at the address posted on the Website.
Notice shall be deemed to have been served 48 hours after it has been sent, dispatched,
displayed, as the case may be, unless, where notice has been sent by email, it comes
to the knowledge of the sending party, that the email address is invalid.
GOVERNING LAW
This agreement and each TOS shall be governed by and constructed in accordance with
the laws of India without reference to conflict of laws principles and disputes
arising in relation hereto shall be subject to the exclusive jurisdiction of the
courts of Delhi.