1. GENERAL CONDITIONS
1.1 Scope and Definitions
1.1.1 The below mentioned General Conditions will apply to all the Services provided by M/s HOLIDAYRIDER (“HolidayRider”)
1.2 Acceptance of Conditions
1.2.1 The following conditions will be applicable to all the Subscribers to the website www.HolidayRider.com. The Subscribers signify their acceptance to these Conditions in full and agree to be bound by them. It is also agreed by the Subscribers that no access to the Services will be permitted unless the Conditions are accepted in full. No Subscriber is entitled to accept part of the Conditions. If a Subscriber does not agree to the Conditions then such Subscriber shall not use the Services which include consultation being provided by HolidayRider on its website.
2. USE OF THE SERVICE
2.1 User Account and Accuracy of Information
2.1.1 In order to use the Services, each Subscriber may create a User Account and agree to provide required personal information and documents requested by HolidayRider.
2.1.2 In particular, a Subscriber can visit the website and search for the medical solution of his/her problem. HolidayRider host many articles from the experts including doctors which provide the best possible solution to a medical problem. Further, a Subscriber can also subscribe to the new letters or updates as to articles on various medical problems.
2.1.3 Subscribers agree and accept that all of the information provided by them to HolidayRider while setting up their User Account or at any other time, shall be true, proper, correct, complete and accurate in all respects. Subscribers also agree and understand that HolidayRider does not undertake any verification to confirm the accuracy of any information provided by the Subscribers on the Site or on the Mobile Application. HolidayRider will not be liable to any Subscriber in the event, any information provided by another Subscriber is false, incomplete, inaccurate, misleading or fraudulent.
2.2.1 HolidayRider website contains general information about medical conditions and certain treatments for such medical conditions. The information is not advice, and should not be treated as such. HolidayRider and its affiliates or employees do not directly or indirectly practice medicine, nor do they dispense medical advice, diagnosis, treatment or any other medical service as part of this Site. All the subscriber agrees that they shall consult a doctor before acting upon the information provided on the website.
2.2.2 On the website there are many sponsors and many vendors selling their respective products and services. All the Subscriber understands that all such vendors are independent and are not the affiliates of HolidayRider. All subscribers shall follow the instructions and respective Terms and Condition of the independent vendors before using the services and products sold by such vendors. HolidayRider shall in no way be responsible for any loss suffered by the subscribers owing to the use of such third party products and services.
2.2.3. If any suggestions, proposals, plans, or other materials, provided by the Subscribers then the Subscriber agrees that HolidayRider can display the comment as testimony and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
2.2.4 HolidayRider may, but have no obligation to, monitor, edit or remove content that HolidayRider determine in its sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. Subscribers agree that their comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. Subscribers further agree that their comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website.
3.1 HolidayRider is not charging any fee for information being displayed on its website or mobile application. Subscribers are requested to use their discretion and are requested to consult a specialist doctor before acting on the information provided on the website.
4. LIMITATION OF LIABILITY
4.1 The information hosted on the website is provided on “as is” basis without any representations or warranties, express or implied by the HolidayRider. Further, HolidayRider makes no representations or warranties in relation to the medical information provided on the website. Without prejudice, to the generality of the foregoing paragraph, HolidayRider does not warrant that the information on the website will be constantly available, or available at all; and the information on the website is complete, true, accurate, up-to-date, or non-misleading. On becoming a Subscriber with HolidayRider i.e. accessing the website, Subscribers acknowledge and agree to waive any and all rights to, or claims for, damages (including special and consequential damages), costs, expenses, proprietary or any other compensation of any kind whatsoever against the HolidayRider and HolidayRider’s partners, that arise directly or indirectly with respect to Subscribers use and/or reliance on the information provided in the Site or Mobile Application or otherwise.
4.2 HolidayRider nor its affiliates, shall be liable to the Subscribers for any incidental, consequential, special, indirect or exemplary damages arising out of its information hosted on its website, including lost profits or costs of cover, loss of use or business interruption or the like, regardless of whether the party was advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, HolidayRider shall have no monetary liability to any Subscriber for any cause (regardless of the form of action) under or relating to this agreement.
5. EXCLUSION OF WARRANTIES
5.1 Subscribers acknowledge and agree that HolidayRider will be using the information provided on the website and Mobile Application at Subscriber’s own risk and that HolidayRider and the affiliates are in no way responsible, and provide no warranty (express or implied) and / or guaranty of any kind with respect to, the information provided therein.
5.2 The services and products are provided on an “as is” and “with all faults” basis and HolidayRider and its suppliers expressly disclaim all warranties, express or implied, including but not limited to, the implied warranties of non-infringement, merchantability, satisfactory quality, accuracy, title and fitness for a particular purpose. This disclaimer of warranties is an essential condition of the agreement.
6. GENERAL TERMS
6.1 Intellectual Property
6.1.1 Subscribers acknowledge and agree that the statutory and other proprietary rights in respect of patents, designs, copyright, trademarks, trade secrets, processes, formulae, systems, drawings, data, specifications, documents, and other like rights relating to the Services or displayed or referred to on the HolidayRider’s website and on Mobile Application are owned by the Company or in some cases third parties. The Subscriber must not reproduce copy, transmit, adapt, publish or communicate or otherwise exercise the intellectual property rights in the whole or any part of the material contained on the HolidayRider’s Site and on Mobile Application except with the prior written consent of HolidayRider.
6.3 Compliance with Law
6.3.1 HolidayRider may disclose information that is necessary to comply with any applicable law, regulation, legal process or governmental request. In addition, we may disclose any information when it is necessary to prevent physical harm or financial loss or in connection with suspected or actual illegal activity.
6.4.1 HolidayRider may update its Policies from time to time. HolidayRider will notify you of any changes by posting the new Policy on this page. You are advised to review this Policy periodically for any changes. Changes to this Policy are effective when they are posted on this page.
6.5.1 Subscriber’s use of the Service in entirely at his/her own risk. The HolidayRider makes no representation or warranty about the accuracy or suitability of the Services or about the information or links provided on the Site or on Mobile Application. HolidayRider and its officers, employees and agents accept no responsibility for any loss or damage however caused (including through negligence) that the Subscribers may suffer directly or indirectly.
6.5 FORCE MAJEURE
6.5.1 Subscribers agree and understand that HolidayRider, HolidayRider’s affiliates and Associates and Partner may not be able to perform their respective obligations in an event of Force Majeure and shall not be liable for any losses suffered by Subscribers in the event of Force Majeure.
7.1 Subscribers hereby agree that any and all disputes, claims, questions, or disagreements arising out of or in relation to these Terms and Conditions. The Parties shall endeavour to settle such disputes amicably through discussion within a period of 30 days from the date of notice by either party of the dispute. Failure to which shall lead to initiation of Arbitration proceedings as specified under the law of arbitration applicable in India, i.e. the Arbitration and Conciliation Act, 1996 (as amended or substituted) from time to time.
7.2 Notice for the Arbitration shall be served within 30 days of failure of parties to settle the dispute amicably through discussion. The dispute(s) shall be referred to a Sole Arbitrator. The venue of Arbitration shall be (Madhya Pradesh) India and the proceedings shall be conducted in English language. Further, the notice served on the email ID of the Subscriber(s) shall be deemed to be considered as valid service of the notice.
8. Governing Law and Jurisdiction
8.1 This Agreement shall be governed by the laws of India in all material particular and each Party hereby submits to the exclusive jurisdiction of the Courts of Delhi.
9.1 In the event that any provision of this T&C is declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable or indications of the same are received by either of the Parties from any relevant competent authority, the Parties shall amend that provision in such reasonable manner that achieves the intention of the parties without illegality or it may be severed from this T&C and the remaining provisions of this T&C shall remain in full force and effect.