Introduction
Welcome to www.Holidaybuddie.com, owned and operated by Naturforsker. The terms “us”, “we”, “Company” and/or “Holidaybuddie”/ “Naturforsker” refer to both Holidaybuddie.com the website you are using or to Naturforsker, the company that owns and operates it. Together you and Holidaubuddie may be referred to as the “Parties” or separately as “Party”.
By using Holidaubuddie.com (the "Website"), the Holidaybuddie mobile app (the "App"), or any other Holidaybuddie platforms or services (collectively, the "Service" or "Services"), you agree to this Agreement. This applies to all users, regardless of registration or subscription status. The usage of www.Hoidaybuddie.com is bound by the Terms of Use set by www.Holidaybuddie.com. By creating an account in Holidaybuddie.com or by using our service you agree to be bound by these Terms of Use and our Privacy Policy, which is incorporated by reference into this Agreement and available through our Service (this “Agreement”). If you do not accept and agree to be bound by all of the terms of this Agreement, please do not use the Service. Failure to comply with any of the stipulated terms in this agreement may result in the suspension or termination of your account, and in some instances legal actions if required.
Holidaybuddie.com is an online platform where users can:
Create profiles
View other profiles
Interact with others
Arrange meetings for friendship or dating (with mutual consent)
Users are fully responsible for their submitted content and any resulting consequences.
Holidaybuddie.com is not involved in any transactions, contracts, or arrangements between users and third parties. Such agreements are solely between the users and the third parties involved.
2) Acceptance of Terms of Use Agreement
This Agreement is an electronic contract that establishes the legally binding terms you must accept to use the Service. Your use of our Services is also governed by the Privacy Policy, Cookie Policy, Payment Policy, Community Guidelines, Safety Tips, and any terms you agree to when purchasing additional features, products, or services ("Additional Terms Upon Purchase"). These are incorporated into this Agreement by reference. If you disagree with these terms, do not use our Services.
We may modify this Agreement at any time, subject to applicable law. Material changes will be posted here on terms and condition page with an updated effective date. We may notify you of changes via email or in your account notification or other means, but you are responsible for checking this page regularly. Your continued use of our Services indicates acceptance of any changes, making them legally binding. If you disagree with changes, stop using our Services immediately. Changes to the Limitation of Liability (Section 14) and Dispute Resolution (Section 15) require your explicit acceptance. We also reserve the right to modify subscription plan features.
Before creating a account in Holidaybuddie.com, ensure you meet our eligibility criteria. This section outlines what you can and cannot do when using our Services, as well as the rights you grant to Holidaybuddie.com
To use our Services, you must meet all of the following conditions:
If you no longer meet these requirements, your access will be revoked, and you must delete your account immediately.
Follow these Terms and stay updated on changes
Consent to our privacy, cookie and payment policy
Comply with all applicable laws
Use the latest version of our Website/App
Review our Safety Tips and Community Guidelines
Protect your login information
Misrepresent yourself with wrong information
Damage or disrupt our Services
Use our Services for harmful or illegal purposes
Harass or abuse other users
Share or post prohibited content
Solicit passwords, personal information or money
Use another user's account
Engage in fraud or political campaigning
Violate Holidaybuddie.com's license terms
Copy or modify our content without permission
Use bots or data mining techniques
Upload malicious code or compromise security
Reverse engineer our Services
Develop unauthorized third-party applications
Create new accounts after being suspended
Violating these terms may result in account suspension or termination.
Prohibited Content includes material that is:
Offensive or harassing
Obscene or pornographic
Discriminatory or hateful
Illegal or promotes illegal activities
Defamatory or untrue
Commercial in nature
Spam or malware
Infringing on others' rights, copyrights and IP
Not created by you (unless authorized)
Depicting minors inappropriately
Harmful to Holidaybuddie.com's reputation
Sharing prohibited content may lead to immediate account suspension or termination.
It's crucial to understand your rights and duties regarding content on our Services, including what you post. Inappropriate content is strictly forbidden.
Your Content: What you upload or provide
Member Content: What other users share
Our Content: What Holidaybuddie.com provides
"Content" includes all text, images, video, audio, and other material on our Services.
7.1 Your Content:
You are solely responsible for what you share.
Do not post anything you wouldn't want others to see or that violates our Agreement.
You must indemnify us against any claims related to Your Content.
Ensure your profile information is accurate and up-to-date.
Do not share personal contact or financial information.
Be cautious about revealing personal information online.
Your profile is visible worldwide; be comfortable with what you share.
You grant us a license to use Your Content as outlined in Section 7.
We may monitor, remove, or limit access to Your Content at our discretion.
7.2 Member Content:
Belongs to the user who posted it.
You cannot copy or use it except as intended by our Services.
Verify accuracy independently; it may contain biases or misinformation.
Don't misuse Member Content; doing so may result in account termination.
7.3 Our Content:
Holidaybuddie.com owns or licenses all other content on our Services.
Protected by copyright and other intellectual property laws.
We grant you a limited license to access and use Our Content.
We strive to foster a positive and respectful environment within our community. Inappropriate content or behaviour is not permitted, whether it occurs on our platform or outside of it.
Report inappropriate content or behaviour through the "Report User" link or Customer Support.
We may share data with affiliates and law enforcement for user safety and take action against violations.
We may not share information about your account if it could compromise other members safety or privacy.
We take your privacy seriously. Please review our separate Privacy Policy for detailed information.
Our Privacy Policy explains how Holidaybuddie.com, its partners and affiliates handle your personal data, including collection, use, and sharing practices. By using our Services, you consent to our use of your personal data as outlined in the Privacy Policy. Read Privacy Policy ( link)
The cookie policy in our website explains how Holidaybuddie.com, along with our first-party and third-party affiliates, gather data using cookies. When you use our Services, you are consenting to our cookie practices as described in the Cookie Policy. For more information about how we handle your data, please review our Cookie Policy [link].
The community guidelines in the website explains the community guidelines for users to follow on and off the website. When you use our services, you are consenting to follow the community guidelines as prescribed. We may alter, update or change or add new community guidelines from time to time to keep our members safe and it is your duty to check into our community guidelines and keep yourself updated. For information on our community guidelines please review here. [link].
The Safety guidelines in the website explains the safety guidelines for users to follow on and off the website. When you use our services, you are consenting to follow the safety guidelines as prescribed. We may alter, update or change or add new safety guidelines from time to time to keep our members safe and it is your duty to check into our safety guidelines and keep yourself updated. For information on our safety guidelines please review here. [link].
While you follow these Terms, you have permission to use Holidaybuddie.com's Services. Holidaybudie.com grants you a personal, worldwide (Except, in countries where we do not operate. See restricted countries), royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable license to access and use our Services for purposes as intended by Holidaybuddie.com and permitted by these Terms and applicable laws. If you violate these Terms, this license and your access to the Service will be automatically revoked.
While you retain ownership of your content, you also give Holidaybuddie.com permissions to use it.
By creating an account, you grant Holidaybuddie.com a:
Worldwide, Permanent, Transferable, Sub-licensable and Royalty-free right and license to:
Host, display, publish, copy, store, edit, modify translate, incorporate and use your content Our license is non-exclusive, except for derivative works created through our Services.
In exchange for using our Services, you agree that we, our affiliates, and partners can place ads on our Services. If you provide feedback about our Services, we can use and share it without compensation.
Required by law and Necessary to:
Comply with legal processes
Enforce these Terms
Respond to rights violation claims
Address customer service requests
Protect rights, property, or safety
Investigate illegal activities, suspected fraud, or other wrongdoing
We believe this access or disclosure is reasonably necessary for these purposes.
Holidaybuddie.com offers products and services for purchase, including subscriptions that automatically renew. Kindly view Product page( Link) to know our subscription fees. Basic registration is free and our standard plan is also free of use as per our standard plan policy. The other subscription plans like silver plan, gold plan, platinum plan, weekly plan and monthly plan are all paid subscriptions.
16.1 Purchase Options:
External Service Purchases: Through iTunes, Google Play, or other authorized services.
Internal Purchases: Via credit card or other payment processors on our website or App.
16.2 Subscription Renewals:
Subscriptions automatically renew until cancelled.
You will be charged according to the terms disclosed at purchase.
If you cancel, you retain access until the current period ends.
You are fully responsible for external service purchases through iTunes, Google Play, or other authorized services and we have no role to play in these payments done by you. When buying on our Service, you may be able to pay through an External Service, such as:
16.3 Apple ID or Google Play account
These are referred to as "your External Service Account."
If you choose this option:
Your External Service will bill you for the purchase
Charges will align with:
Terms shown at the time of purchase
General terms of your External Service Account
16.4 Please note:
Some External Services may apply sales tax as per your country and location and tax rates may change over time. Always review the terms and potential charges before completing a purchase through an External Service.
16.5 To cancel or terminate a subscription with your external service or If you do not want your subscription to renew automatically, or if you want to change your subscription, you must log in to your External Service Account and follow instructions to manage or cancel your subscription, even if you have otherwise deleted your account with us or if you have deleted the App from your device.
For example, if you subscribed using your Apple ID, cancellation is handled by Apple, not Holidaybuddie.com. You can also request assistance at Apple Support.
Similarly, if you subscribed on Google Play, cancellation is handled by Google. You can also request assistance at Google Play.
16.6 If you cancel a subscription, you may continue to use the cancelled service until the end of your then-current subscription term. The subscription will not be renewed when your then-current term expires. If you initiate a chargeback or otherwise reverse a payment made with your External Service Account, Holidaybuddie.com may terminate your account immediately in its sole discretion, on the basis that you have determined that you do not want subscription with Holidaybuddie.com. In the event that your chargeback or other payment reversal is overturned, please contact Customer Care. Holidaybuddie.com will retain all funds charged to your External Service Account until you cancel your subscription through your External Service Account.
Internal Purchases and Subscription Management. All Users will pay through Naturforsker, our parent company.
17.1 Payment Process:
Internal Purchases, including subscriptions, use the Payment Method you provide on our website or App.
You agree to pay the displayed prices plus any applicable taxes.
You authorize Holidaybuddie.com to charge your chosen payment method.
Holidaybuddie.com may correct billing errors even after payment.
17.1 Subscription Renewals:
Subscriptions automatically renew until cancelled.
After the initial period, renewals continue at the agreed price and duration.
17.2 Cancellation:
To cancel, log into the Website or App and go to the Account section.
When you cancel, you can use the service until the current term ends.
When you cancel, the subscription won't renew after the current term expires.
17.3 Payment Issues:
If a payment fails, you are still responsible for unpaid amounts.
We may continue billing your Payment Method, even if updated.
This might change your billing dates.
17.4. Payment Method Updates:
You can edit Payment Method information in Settings.
We may obtain updated card information from your card issuer.
Additional Notes:
Payment terms may be affected by agreements with your financial institution.
17.5. Chargebacks:
Initiating a chargeback may result in immediate account termination.
If a chargeback is overturned, contact Customer Care.
Important Notes:
Cancelling a subscription does not delete your profile from our Services.
To fully terminate your account, follow the process in Account termination. ( Link)
Our pricing varies globally based on multiple factors.
We offer promotional rates that may differ based on region, subscription length, bundle size, purchase history, account activity, and other factors.
We regularly test new features and payment options.
Renewal Process:
Without cancellation, your subscription renews at the full price indicated at purchase.
You authorize us to charge your payment method for these amounts.
We do not encourage or allow refunds once your payment is completed under a plan subscription or for any additional service under the plans. However, certain refunds
We reserve the right to:
Limit or discontinue any product, feature, or service without notice.
Set conditions on promotions or discounts.
Restrict any user's transactions.
Refuse to provide any product or service to any user.
These actions may be taken to the extent allowed by law.
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
21.1 COPYRIGHT INFRINGEMENT POLICY
We take copyright infringement seriously and are committed to addressing it promptly and effectively. If you believe your intellectual property rights have been infringed by content on our platform, please submit a notification of alleged infringement ("Copyright Takedown Notice") containing the following information:
Your physical or electronic signature, as an authorized representative of the copyright owner.
Identification of the copyrighted work(s) allegedly infringed. For multiple works, provide a representative list.
Identification of the allegedly infringing material, including sufficient information for us to locate it on our platform.
Your contact information (address, phone number, email).
A statement of your good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law.
A statement, under penalty of perjury, that the information in your notice is accurate and that you are authorized to act on behalf of the copyright owner.
Submit Copyright Takedown Notices to: copyright@holidaybuddie.com
We will terminate accounts of users who repeatedly infringe copyrights.
Our copyright policy is based as per copyright act of India and digital law act of India.
We reserve the right to modify this policy at any time without notice.
Our platform may display:
Advertisements and promotions from third parties
Links to external websites or resources
Options to watch ads in exchange for virtual items
22.1 Please note:
We do not endorse or take responsibility for any third-party products, services, websites, or resources linked or advertised on our platform.
The availability of ad-watching opportunities for virtual items is not guaranteed.
We may provide non-commercial references or links to third parties within our content.
We are not responsible for the availability or content of external websites or resources.
If you choose to interact with third parties through our platform, their terms will govern your relationship with them.
We are not liable for the terms or actions of these third parties.
Your use of third-party services is at your own risk.
22.2 We reserve the right to change our policy on third-party content and advertising at any time without notice.
To the fullest extent allowed by applicable law, the company, its affiliates, business partners, licensors or service providers will not be liable to you or any third person for any indirect, reliance, consequential, exemplary, incidental, special or punitive damages. This includes, but is not limited to, loss of profits, loss of goodwill, data or program corruption or breaches, service interruptions, and procurement of substitute services - even if the company has been advised of the possibility of such damages.
Notwithstanding anything to the contrary, the company's liability to you will always be limited to the amount you have paid, if any, for the service while you have an account, regardless of the form of the action.
The user agrees not to hold Holidaybuddie.com or its parent company Naturforsker responsible for content or actions of other users. As most of the content on Holidaybuddie.com comes from users, the company does not guarantee the accuracy of profile information, user communications, or the quality, safety, and legality of what is offered.
Continuous or secure access to Holidaybuddie.com's services cannot be guaranteed. To the extent legally permitted, Holidaybuddie.com expressly disclaims all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, and fitness for a particular purpose.
Holidaybuddie.com and Naturforsker are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising from the usage of the Holidaybuddie.com website.
You agree to indemnify and hold the Company, its subsidiaries, affiliates, officers, agents, partners, and employees harmless from any loss, liability, claim, or demand, including reasonable attorney's fees. This includes any claims made by third parties due to or arising from:
Due to, arising out of, or relating in any way to your access to or use of our services
Any postings or Content you post in the Service
Your breach or failure to comply with this Agreement (including any breach of your representations and warranties)
Your violation of any law or regulation
The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In such cases, you will fully cooperate with the Company in connection therewith.
Service Provision: We provide our services "as is" and "as available," without any warranties, express or implied, to the fullest extent permitted by law.
No Guarantees: We do not guarantee the uninterrupted availability, security, or error-free operation of our services. We cannot ensure that all defects will be discovered or corrected. We also do not guarantee successful matches or relationships.
Content Accuracy and Authenticity: We do not warrant the accuracy, completeness, or appropriateness of any content or information obtained through our services. We reserve the right to remove inappropriate content without notice. We do not verify or take responsibility for the identity, intentions, legitimacy, or truthfulness of any users.
Privacy: While we take measures to protect your data, no online platform is 100% secure. Use discretion when sharing personal information.
User Interactions: We make no guarantees regarding the number of active users, their willingness to communicate or meet, or their compatibility with you.
Safety: We cannot guarantee the authenticity of user profiles or the safety of in-person meetings. Always exercise caution and meet in public places.
User-Generated Content: We are not responsible for any content posted, sent, or received by users or third parties through our services.
User Authenticity: We do not verify or take responsibility for the identity, intentions, legitimacy, or truthfulness of any users.
Downloads and Security: Any material downloaded through our services is at your own risk. We are not liable for any damage to your devices or technology, including damage from security breaches, viruses, or other technical disruptions.
Limitation of Liability: To the extent permitted by law, we are not liable for any direct, indirect, incidental, special, consequential, or exemplary damages arising from your use of our services.
Changes: We may modify these terms at any time without notice. Continued use of the site constitutes acceptance of any changes.
Use of this website indicates your acceptance of these terms. If you disagree with any part of this disclaimer, please do not use our services.
In the unlikely event that a legal dispute arises, here is how the parties agree to proceed, unless prohibited by applicable law:
Any Subsection in this Dispute Resolution Section that is prohibited by law shall not apply to the users residing in that jurisdiction, including Subsections 15b, 15c, 15d, and 15e, which shall not apply to users residing within the EU, EEA, UK, or Switzerland. The online dispute settlement platform of the European Commission is available at Online Dispute Resolution | European Commission. Tinder does not take part in dispute settlement procedures in front of a consumer arbitration entity for users residing in the EU, EEA, UK, or Switzerland.
26.1 Informal Dispute Resolution Procedure
If for any reason you are dissatisfied with our Service, please first contact Holidaybuddie.com Customer Service to help resolve your issue without outside assistance. If you decide to pursue a dispute, claim, or controversy against Holidaybuddie.com, we will notify you of the process and these Terms will apply. For purposes of this Dispute Resolution Procedure and the arbitration procedures, “Holidaybuddie.com” includes its affiliates, employees, licensors, and service providers.
Holidaybuddie.com values its relationship with you and appreciates the mutual benefit that can be gained through informal dispute resolution. “Dispute” means any dispute, claim or controversy between you and Holidaybuddie arising out of or relating to this Agreement (including your alleged breach of this Agreement), the Services or your relationship with us. As used in this Agreement, “Dispute” has the broadest meaning and includes claims that arose before this Agreement or any prior Agreement existed, as well as claims that arose during the term of this Agreement or after the termination of this Agreement (unless this Agreement is superseded by a subsequent agreement between you and Holidaybuddie). If you have a dispute with Holidaybuddie (“Your Dispute”), before your Dispute is formally resolved in arbitration or small claims court, you agree to first provide Holidaybuddie with detailed notice (“Notice”) by email and postal mail. India.
Your Notice must include all of the following information: (1) your name; (2) information that allows Tinder to identify your account, including your profile picture or screenshot, your address, mobile phone number, email address, and the date of birth (if available) you used to register your account; (3) a detailed description of your dispute, including the nature and factual basis for your claim, and the relief you seek, along with an estimate of your anticipated damages (if any). This notice must be signed by you in order to be effective.
You and Holidaybuddie agree to negotiate in good faith to resolve the Dispute. As part of such good faith negotiation, you and Holidaybuddie may participate in an electronic or telephone conference to discuss your Dispute, and if you are represented by an attorney, you agree to participate in person with your attorney. However, if your Dispute relates to an individual claim of sexual assault or sexual harassment arising out of or in connection with your use of the Services, you are not required to provide notice prior to filing a claim under Section 17.
In the event of a Dispute with you (“Holidaubuddie Dispute”), Holidaybuddie agrees to first send notice to your last email address on file in our database, or, if no email address is on file in our database, to other contact information associated with your account. The Holidaybuddie Dispute Notice must also include a detailed description of the Holidaybuddie Dispute, including the nature and factual basis of the claim, together with an estimate of the damages, if any, sought.
Likewise, you may request a conference call to discuss your dispute with Holidaybuddie, and Holidaybuddie agrees to have one representative. Disputes must be resolved through this informal process. However, if the dispute is not resolved within 60 days after receipt of the fully written notice, and the parties have not otherwise agreed to extend this informal dispute resolution period, you or Holidaybuddie may initiate arbitration (subject to the party’s right to choose a small claims court as set forth below).
Completion of this informal dispute resolution is a prerequisite to filing a claim in arbitration or litigation in small claims court (except for individual claims of sexual assault or sexual harassment arising in connection with your use of the Services). Failure to do so will be deemed a breach of this Agreement. The statute of limitations and filing fee deadlines are waived while you and Holidaybuddie engage in this informal dispute resolution process.
The court of competent jurisdiction in Tamil Nadu, India will have the power to enforce this provision and bar any arbitration or small claims court action accordingly.
26.2 Individual Relief: Waiver of Class Action and Jury Trial To the fullest extent permitted by law, you and HOLIDAYBUDDIE waive the right to a jury trial and the right to litigate any dispute in court on an individual basis (except in small claims court or in individual claims, including sexual assault or sexual harassment related to your use of the Services provided herein). You and HOLIDAYBUDDIE each waive the right to bring or participate in a class action against the other or seek relief on a class basis, including in any class action pending against HOLIDAYBUDDIE. To the fullest extent permitted by law, there will be no right or authority to prosecute any claim in arbitration or court on a class, collective, representative, consolidated, or private attorney basis, and only to the extent necessary to provide final relief warranted by that individual party's claim. The arbitrator may not award final relief for or on behalf of anyone other than a party to the arbitration on a class, collective, representative, or private attorney basis. If a court finds that the prohibition in this provision is unenforceable with respect to a particular claim or request for relief (e.g., a claim for state damages), and all appeals of this decision are permitted, your decision will be final. Therefore, you and HOLIDAYBUDDIE agree that this particular claim or request for relief will proceed in court, but will remain in individual arbitration pending any remaining claims for relief you have filed. If this particular provision is found to be unenforceable, then the entirety of this arbitration provision (except for the waiver of jury trial and informal dispute resolution procedures) will be null and void. This paragraph is an essential part of this arbitration agreement.
26.3 DISPUTE RESOLUTION THROUGH ARBITRATION OR SMALL CLAIMS COURT
Dispute Resolution through Arbitration or Small Claims Court All disputes (not resolved informally by Holidaybuddie.com Customer Service or as provided in Section 15a above) will be resolved exclusively through arbitration, unless otherwise stated in this Dispute Resolution Section. Notwithstanding the foregoing, you or Holidaybuddie may elect to litigate individual claims in small claims court, and individual claims for sexual assault or sexual harassment arising out of your use of the Services may be brought pursuant to Section 17.
Small claims arbitration may be filed after arbitration has commenced, but must be administratively terminated by the arbitration service provider before an arbitrator is appointed. Any dispute regarding jurisdiction in a small claims court will be resolved exclusively in that small claim court. Any decision rendered in a small claims court will not adversely affect any proceeding involving Holidaybuddie or anyone else other than you.
If such small claims court specifically determines that it does not have jurisdiction to hear the Dispute, you and Holidaybuddie will be required to resolve the Dispute through arbitration in accordance with the terms of this Agreement. All other issues (except as otherwise provided in this Agreement) including but not limited to the scope and applicability of this Dispute Resolution provision, arbitration issues, and requests for small claims court action will be decided solely by the arbitrator. Any dispute regarding the appointment of the arbitrator, whether either party has violated or failed to comply with any provision of the Dispute Resolution section, or whether either party has expressly or impliedly waived its right to arbitration.
If you or Holidaybuddie contest a small claims court decision in your Dispute and the court of competent jurisdiction determines that the small claims court decision is unenforceable, such decision will be severed from this Agreement with respect to your Dispute. However, such court order shall not be binding or pre-emptive in any proceeding involving Holidaybuddie or anyone else other than you.
Any proceedings to enforce this Section 15 Dispute Resolution, including any proceedings to confirm, modify, or vacate an arbitration award, shall be commenced in accordance with Section 17. If this Dispute Resolution Section 15 is found to be unenforceable for any reason, any legal action against Holidaybuddie.com (other than small claims court actions) may be commenced only in the federal or state courts located in Tamil Nadu, India. You hereby irrevocably consent to the exercise of personal jurisdiction over you by such courts for such purposes and waive any claim that such courts constitute an inconvenient forum.
24 6.Arbitration Protocol
This subsection 26.4 applies to any dispute that is referred to arbitration after the informal dispute resolution process described in subsection 26.1 above has been fully exhausted, unless you and Holidaybuddie have elected to a small claims court. You and Holidaybuddie agree only to a neutral, lawful, recognized and reputable arbitrator. The parties agree that the following procedures will apply to any arbitration initiated under this dispute resolution provision (if either party elects a small claims court as described above):
Commencing an Arbitration: To commence an arbitration, you or Holidaybuddie must submit a written Demand for Arbitration to an authorized arbitration provider within 7 days of delivery. If Holidaybuddie submits a Demand for Arbitration, we will mail it to you at your mailing address on file within the same 7-day period. If your postal address is not available, we will send it to your registered email address, or if you do not have an email address, to other contact information associated with your account.
The arbitration provider will not accept or administer arbitration claims and will administratively dismiss arbitration claims if the parties do not certify in writing that they have complied with the dispute resolution requirements of Section 26, or if either party elects small claims court as set forth above.
You will pay the arbitration fees, along with attorneys' fees, arbitration agency fees, filing fees, and all other direct and indirect costs associated with the arbitration proceedings. Similarly, Holidaybuddie.com will bear all of its own legal and arbitration costs.
26.7 Confidentiality: The parties shall maintain confidentiality, and either party may submit a dispute to the arbitrator only through written statements. Confidential information may not be used or disclosed in any other forum or for any purpose other than the purpose of the arbitration proceeding.
26.8 Arbitration Hearing: You and Holidaybuddie have the right to a fair evidentiary hearing (i.e., trial) before the Claims Arbitrator. Arbitration proceedings are generally simpler, less expensive, and more streamlined than litigation or other legal proceedings. The parties agree to waive all oral hearings and instead submit all disputes to the Claims Arbitrator for a decision based on written submissions and other evidence as the parties may agree, unless a party requests an oral hearing at least 10 days after the Respondent. If an oral evidentiary hearing is requested, both parties must appear in person at the hearing, regardless of whether either party is represented by counsel. Both parties must appear in person at the hearing on the agreed date and time.
If either party fails to appear in person at the hearing without a reasonable cause extension ordered by the Claims Arbitrator, a default judgment will be entered against that party. Settlement Offer â The Defendant may, but is not required to, make a written settlement offer to the other party at any time prior to the evidentiary hearing or, if the Petition for Writ is granted, prior to the Petition for Writ. You and Holidaybuddie.com agree that we each value the fairness and efficiency of arbitration and small claims court proceedings and desire to use those procedures to fairly resolve real and bona fide disputes between us.
You and Holidaybuddie acknowledge and agree to act in good faith to fairly resolve bona fide disputes. Governing Law All disputes will be governed by the laws of India and the Indian Arbitration Act (except where prohibited by law). The laws of the Republic of India, without regard to conflict of laws rules, expressly apply to any dispute arising out of or in connection with this Agreement or the dispute resolution procedures set forth in the Dispute Resolution section.
The laws of India, without regard to its conflict of laws rules, shall explicitly apply to any Dispute arising out of or relating to this Agreement or our Services, and the Dispute Resolution Process set forth in Section 26 shall be governed by the Indian Arbitration Act.
In the EU and EEA, the choice of India governing law shall not apply only where a mandatory consumer protection law explicitly prohibits such choice of law provisions.
For users residing in the United States, the European Union, the EEA, UK or Switzerland, claims may be brought in their country of residence, except where prohibited by law, and claims brought in small claims court. Any claims arising out of or relating to this Agreement (including any objection to the class action waiver provision in Section 26.2, our Services, or your relationship with Holidaybuddie that are not subject to arbitration or small claims for any reason, will be brought exclusively in the federal or state courts located in Tamil Nadu, India.
You and Holidaybuddie consent to the personal jurisdiction of the courts of the Republic of India and waive any claim that such courts constitute an inconvenient forum.
These Terms, along with the Privacy Policy, Cookie Policy, Community Guidelines, Safety Tips, and any Additional Terms Upon Purchase, constitute the complete agreement between you and Holidaybuddie regarding the use of our Services. These Terms supersede all previous agreements, representations, and arrangements between us, whether written or oral. If any provision of these Terms is found to be invalid, illegal, or otherwise unenforceable, the rest of the Terms will remain in full force and effect. Holidaybuddie's failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision. You agree that your Holidaybuddie account is non-transferable, and all of your rights to your account and its content terminate upon your death, unless otherwise provided by law. Any rights and licenses granted to you under these Terms may not be transferred or assigned by you, but may be assigned by Holidaubuddie without restriction. These Terms do not create any agency, partnership, joint venture, fiduciary or other special relationship, or employment relationship between you and Holidaybuddie, and you may not make any representations on behalf of or bind Holidaybuddie in any manner.
By using our Services, you accept the Terms of this Agreement.
By using our Services, whether through a mobile device, mobile application, or computer, you agree to be bound by the following:
(i) These Terms, which we may amend from time to time.
(ii) Our Privacy Policy, Cookie Policy, Community Guidelines, Safety Tips and all other terms mentioned above.
(iii) Any Additional Terms Upon Purchase.
If you do not accept and agree to be bound by all of the terms of this Agreement, you are not entitled to use our Services.