HolidayTribe - Where Holidays Plan Themselves
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Holiday Tribe Private Limited

378-379, 4th Floor, Phase IV Electronic City, Udyog Vihar, Sector 19, Gurugram, Haryana 122015

Terms and Conditions

Effective Date: 2025-05-01

Last Updated: 2025-07-09

Welcome to Holiday Tribe (“we,” “us,” “our”). By accessing or using our website (www.holidaytribe.com), you agree to be legally bound by these Terms and Conditions (“Terms”). Please read them carefully before proceeding.

1. Acceptance of Terms

By using this website, you acknowledge and confirm that you have thoroughly read, fully understood, and expressly agreed to these Terms. This acceptance constitutes a legally binding agreement between you and Holiday Tribe. If you do not agree with these Terms, you must not use this website. You are further advised that your continued use of the website following any modifications to these Terms shall be deemed your acceptance of those modifications.

2. Eligibility

Our services are intended solely for users who are at least 18 years of age and legally capable of entering into binding contracts under applicable law. By using this website, you expressly represent, warrant, and confirm that you meet these eligibility requirements and that you possess the legal capacity and authority to enter into and be bound by these Terms and Conditions. Any use of the website by individuals who do not meet these eligibility requirements is strictly prohibited and may result in termination of access or legal action as deemed appropriate by Holiday Tribe.

3. USE OF THE WEBSITE

You agree to use this website only for lawful purposes and in accordance with these Terms. In doing so, you acknowledge and agree that you must not:

A. Violate any applicable local, national, or international law, regulation, or statute.
B. Engage in any activity that could harm, disrupt, degrade, interfere with, or impair the website, its servers, or any connected networks.
C. Use any automated systems, bots, data-mining tools, or software to extract data from the website for commercial, competitive, or unauthorized purposes without prior written consent.
D. Impersonate another person or entity or misrepresent your affiliation with any person, entity, or organization, or otherwise attempt to mislead, defraud, or deceive others.
E. Transmit any harmful code, viruses, or malware or engage in any conduct that could compromise the security, integrity, or availability of the website and its services.

4. Intellectual Property

All content, including but not limited to text, graphics, logos, images, videos, and software, is and shall remain the exclusive property of Holiday Tribe or its licensors and is protected under applicable intellectual property laws, including but not limited to copyright, trademark, and trade secret laws. Unauthorized use, reproduction, adaptation, or distribution of any content in any form or by any means is strictly prohibited and may result in civil and criminal penalties. You may not modify, publish, transmit, distribute, perform, display, license, sublicense, or sell any content without the prior express written consent of Holiday Tribe. Any permitted use of the content shall not confer any ownership rights and shall be subject to compliance with all applicable legal requirements and terms of permission.

5. User Accounts and Security

If you create an account on our website, you are solely responsible for maintaining the confidentiality of your username and password and for restricting access to your account. You agree to:

A. Notify us immediately in writing of any unauthorized use of your account or any breach of security.
B. Ensure that you log out of your account securely at the end of each session.
C. Be fully responsible for all activities that occur under your account, whether or not authorized by you.
D. Use extreme caution and take all reasonable steps to ensure the confidentiality, integrity, and security of your information and device, as transmission over the Internet is not completely secure and may be intercepted by unauthorized third parties.
E. Indemnify Holiday Tribe against any claims or losses arising from unauthorized use of your account due to your failure to maintain adequate security measures.

6. Bookings and Payments

All travel bookings made through our website are subject to availability and acceptance. Pricing, availability, and terms of service are subject to change without notice and without liability. Payments must be made in full using accepted payment methods at the time of booking and are subject to verification and authorization by relevant financial institutions. By booking through our platform, you agree to the specific terms and cancellation policies of the service providers, and acknowledge that additional conditions, restrictions, and requirements may apply. We reserve the right to cancel, modify, or refuse any booking at our sole discretion without assigning reasons and will notify you accordingly. Furthermore, Holiday Tribe disclaims any liability for booking errors arising from incorrect user-provided information and advises all users to carefully review all details prior to confirming payment.

7. Cancellations, Changes, and Refunds

Cancellation and refund policies will be governed by the specific terms and conditions of the travel service providers (including airlines, hotels, and activity providers) and will be clearly communicated at the time of booking. Holiday Tribe is not responsible for delays, modifications, or cancellations by third-party service providers and disclaims all liability for such events. We will assist you in communicating with such providers but cannot guarantee outcomes beyond their stated policies. Refund eligibility, timing, and amounts are subject to each provider's rules, and Holiday Tribe does not undertake responsibility for processing or approving such refunds. Users are advised to review cancellation and refund terms carefully prior to making a booking and acknowledge that any requests for cancellations or changes are subject to provider approval and may incur additional fees or penalties.

8. Limitation of Liability

To the maximum extent permitted by applicable law, Holiday Tribe shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages arising out of or relating to your use of or inability to use the website or services, regardless of the cause of action, whether in contract, tort, or otherwise. This includes, but is not limited to, loss of profits, business interruption, loss of data, corruption of data, loss of goodwill, reputational harm, or any other commercial damages or losses. In no event shall Holiday Tribe’s aggregate liability exceed the total amount paid by you for the services in the three (3) months preceding the claim, to the extent permitted by law.

9. Indemnification

You agree to fully indemnify, defend, and hold harmless Holiday Tribe, its affiliates, directors, officers, employees, agents, licensors, and service providers from and against any and all claims, liabilities, damages, losses, demands, judgments, awards, costs, expenses, or fees (including without limitation reasonable attorneys' fees and court costs) arising out of or in connection with your use of the website, your breach of these Terms, your violation of any applicable law or regulation, or infringement of any intellectual property or other rights of a third party. This indemnification obligation shall survive the termination or expiration of these Terms and your use of the website.

10. Third-Party Links and Services

Our website may contain links to third-party websites and services. These links are provided for your convenience only. Holiday Tribe does not endorse, control, or assume responsibility for the content, privacy policies, or practices of third-party websites. Your use of third-party links and services is at your own risk. We disclaim all liability for any loss or damage arising from your interaction with third-party websites. You are advised to read and understand the terms and privacy policies of such third-party websites before accessing or using them. Holiday Tribe shall not be held responsible for any transactions, data collection, or communications that occur between you and any third-party services.

11. Cookies and Tracking Technologies

We use cookies and similar tracking technologies to enhance your browsing experience, analyze website traffic, and deliver personalized advertising. Cookies do not personally identify you but help recognize your device for functional and analytical purposes. Cookies are small text files stored on your device that assist us in providing customized content, improving site performance, and tracking usage patterns. They may also facilitate user logins and shopping cart functions. You may manage or disable cookies through your browser settings; however, doing so may impact the functionality of certain features on the website. By continuing to use the website, you consent to our use of cookies in accordance with this policy.

12. Security Caution

While Holiday Tribe implements reasonable security measures to protect user data, including encryption, firewalls and regular monitoring, you acknowledge that the transmission of information over the internet is not completely secure and may be subject to interception by unauthorized parties. You are responsible for:

A. Maintaining the confidentiality of your password and account information, and not sharing these credentials with any third party.
B. Exercising caution when transmitting sensitive data, including using secure networks and avoiding public Wi-Fi where possible.
C. Protecting your device from viruses, malware, spyware, and other malicious software by using up-to-date security tools.
D. Immediately notifying Holiday Tribe of any suspected security breach, unauthorized access or misuse of your account.
E. Accepting that Holiday Tribe disclaims liability for data breaches or losses caused by factors beyond its reasonable control, including but not limited to user negligence.

13. Termination of Access

We reserve the right to suspend or terminate your access to our website and services without notice if you breach these Terms or engage in unlawful or abusive behavior. This includes, but is not limited to, violations of applicable law, infringement of intellectual property, unauthorized use of the website's systems, or conduct that is harmful to other users or our reputation. Termination may be effected immediately, without liability to you, and may include the removal of your content and barring further access. We reserve all rights to pursue legal remedies in such cases.

14. Disclaimer of Warranties

All information, content, and services provided on this website are provided on an “as-is” and “as-available” basis. We do not guarantee that the website will be error-free, uninterrupted, or secure. To the fullest extent permitted by law, we disclaim all warranties, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, completeness, reliability, or availability. No oral or written advice or information provided by Holiday Tribe or its representatives shall create any warranty not expressly stated herein. You acknowledge that your use of the website and reliance on any information therein is solely at your own risk.

15. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of India. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts located in Gurugram, Haryana, India. This clause clarifies that both parties agree that any legal issues or disagreements will be resolved under Indian law, and the courts in New Delhi shall have exclusive jurisdiction. This ensures predictability and legal certainty for both parties involved, as well as clarity on the appropriate legal forum for dispute resolution.

16. Amendments to Terms

Holiday Tribe reserves the right to modify these Terms at any time without prior notice. Changes will be posted on this page, and your continued use of the website after changes are made constitutes acceptance of the updated Terms. Such amendments will become effective immediately upon posting unless otherwise specified. It is your responsibility to regularly review these Terms to stay informed of any modifications. Your continued use shall signify your acknowledgment, understanding, and irrevocable acceptance of any revised terms.

17. Customer Content Consent & Usage Policy

17.1. Purpose and Applicability

This Policy sets out the full legal framework under which Holiday Tribe Private Limited (“Holiday Tribe”, “we”, “our”, “us”) may obtain and rely upon your consent—both prospectively and retrospectively—to collect, use, reproduce, display, distribute, and otherwise exploit any photographs, videos or other media content (collectively, “Content”) that you have provided, will provide, or that we have already collected in the course of your holiday experience with us. It applies to all Content regardless of when it was created or shared—whether submitted via email, WhatsApp, social media direct messages, web-based forms, on-site uploads, third-party photographer captures, or any other channel.

17.2. Nature of Consent

You hereby irrevocably grant to Holiday Tribe Private Limited (“Holiday Tribe”) and its successors, assigns, licensees and sublicensees an unconditional, perpetual, worldwide, non-exclusive, royalty-free, transferable and sublicensable license to use, reproduce, modify, adapt, crop, edit, publish, publicly display, distribute, transmit, and otherwise exploit in any manner and through any media now known or hereafter devised (including, without limitation, print publications, social media channels, email and WhatsApp marketing campaigns, digital and broadcast advertising, websites, blogs, mobile applications, third-party platforms and partner channels) any and all photographs, videos or other media content (collectively, “Content”) that you have provided to Holiday Tribe prior to the Effective Date of this Policy and/or that you provide at any time thereafter. This license expressly includes the right to sublicense such rights, to combine the Content with other materials, and to alter the Content in Holiday Tribe’s sole discretion (including, but not limited to, resizing, filtering, color correction, watermarking, and the addition of branding elements), provided that such alterations do not materially misrepresent the nature or context of the original Content. By granting this license, you represent and warrant that you (i) own all right, title and interest in and to the Content or otherwise have obtained all necessary rights, consents and clearances from any third-party rights holders (including identifiable individuals, minors and any applicable privacy or publicity rights) to permit Holiday Tribe’s use as set forth herein; and (ii) your Content does not infringe or violate the rights of any third party. You agree to indemnify and hold harmless Holiday Tribe against any and all claims, damages, liabilities, costs and expenses (including reasonable attorneys’ fees) arising out of any breach of the foregoing representations and warranties. This consent shall apply retroactively to all Content submitted or collected by Holiday Tribe prior to the Effective Date and shall survive the termination of any agreement between you and Holiday Tribe unless you withdraw such consent in accordance with Section 7 (Withdrawal of Consent). Any withdrawal of consent shall be prospective only and shall not affect Holiday Tribe’s right to continue using Content already published or distributed.

17.3. Media Collection and Submission

17.3.1 Sources of Content You acknowledge and agree that Holiday Tribe Private Limited (“Holiday Tribe”) may collect or obtain photographs, videos and other media content (“Content”) from any of the following sources, whether captured or submitted before or after the Effective Date of this Policy (the “Retrospective Content” and “Prospective Content,” collectively, the “Content”): Direct Submission. Content that you provide to Holiday Tribe by email, WhatsApp, web-based forms, direct messaging on social media, or any other channel under Holiday Tribe’s control. Public Social Media Posts. Content that you post on public social media profiles or pages, where you tag, mention, or use Holiday Tribe-specific hashtags, provided such posts remain publicly accessible at the time of collection. On-Site/Partner Capture. Content captured by Holiday Tribe’s employees, contractors, or approved third-party photographers, videographers or service providers during or in connection with your holiday experience, whether by photographic, video or other recording devices, and whether or not you expressly submit such Content to Holiday Tribe. 17.3.2 Retrospective Coverage This Policy and the rights you grant herein apply retroactively to all Retrospective Content already in Holiday Tribe’s possession or control as of the Effective Date, without need for further notice or additional authorization, provided that Holiday Tribe shall thereafter seek explicit written or electronic consent (in accordance with Section 3.3) before any new use of such Retrospective Content beyond the scope of publicly available attribution. 17.3.3 Consent Requirement Except where Content is already publicly available with clear attribution to you, Holiday Tribe shall not use any Retrospective or Prospective Content for marketing, promotional or commercial purposes unless and until you have given explicit consent in one of the following forms: A signed or electronically executed consent form; A clear affirmative response to an email, WhatsApp, DM or in-app request (e.g., replying “Yes, I consent”); Checking an opt-in checkbox or similar mechanism during online booking or registration; or Written or recorded verbal confirmation acknowledged by Holiday Tribe. 17.3.4 Attribution and Public Availability For any Content originally obtained from public social media profiles or pages, Holiday Tribe may rely on the public nature of such Content for initial collection. However, should you request removal of your Content or rescind any implied consent, Holiday Tribe will cease future uses where technically feasible and commercially reasonable, as set out in Section 7 (Withdrawal of Consent). 17.3.5 Modifications to Collection Practices Holiday Tribe reserves the right to amend its methods of Content collection or partner with additional third parties. Any such changes will continue to be governed by the terms of this Policy, including its retrospective application to existing Content and the consent procedures set forth herein.

17.4. Intellectual Property and Ownership Representations

17.4.1 Representations and Warranties. You hereby represent and warrant that, as of the Effective Date of this Policy and at all times thereafter: a. Holiday Tribe are the sole and exclusive owner of all right, title and interest in and to the photographs, videos, or other media content (collectively, “Content”) that you submit to or that Holiday Tribe Private Limited (“Holiday Tribe”) has collected under this Policy; or, alternatively, you have secured from the rightful owner(s) all necessary rights, licenses, consents, permissions, and clearances (including, without limitation, from any third-party rights holders, identifiable individuals, minors, or other persons appearing in the Content) to grant Holiday Tribe the rights set forth herein. b. The Content is original to you (or to the rights holder who has licensed it to you) and does not infringe, misappropriate, or otherwise violate any intellectual property, privacy, publicity or other proprietary rights of any third party. c. The Content contains no unlawful, defamatory, obscene, or otherwise objectionable material, and its use by Holiday Tribe in accordance with this Policy will not expose Holiday Tribe to liability, claim, suit or damage. c. The Content contains no unlawful, defamatory, obscene, or otherwise objectionable material, and its use by Holiday Tribe in accordance with this Policy will not expose Holiday Tribe to liability, claim, suit or damage. You shall defend, indemnify and hold harmless Holiday Tribe and its officers, directors, employees, agents, successors and assigns from and against any and all claims, demands, suits, proceedings, losses, liabilities, damages, costs and expenses (including reasonable attorneys’ fees and disbursements) arising out of or relating to: a. Any breach or alleged breach of the representations, warranties or covenants you make under this Section; or b. Holiday Tribe’s authorized use of the Content in accordance with this Policy.

17.5. Attribution, Tagging and Identification

17.5.1 License to Attribute. Subject to the terms of this Policy, you grant Holiday Tribe Private Limited (“Holiday Tribe”) the right, but not the obligation, to attribute, credit or identify you as the source or creator of any Content (as defined herein) in connection with Holiday Tribe’s use of such Content. Attribution may include, without limitation, the use of your name, social media handle, profile picture, or other identifier (“Attribution Data”) alongside any public display, repost, publication or distribution of the Content. 17.5.2 Retrospective Application. This Section applies equally to all Content in Holiday Tribe’s possession or control as of the Effective Date of this Policy (“Retrospective Content”) and to all Content you submit or authorize Holiday Tribe to use after the Effective Date (“Prospective Content”). You acknowledge and agree that Holiday Tribe need not obtain further consent from you to attribute or credit any Retrospective Content in accordance with this Section, provided that such attribution does not materially alter or misrepresent the Content. 17.5.3 Opt-Out of Attribution. You may, at any time and for any or no reason, elect to be exempt from public attribution by sending a written or electronic request to [email protected]. Upon receipt of a valid opt-out request, Holiday Tribe will cease to include your Attribution Data in any future uses of the applicable Content, to the extent commercially and technically feasible. Any prior attribution made in good faith before Holiday Tribe’s receipt of your request will not be subject to retraction. 17.5.4 Anonymity and Alternative Credit. If you request anonymity or if attribution of your Attribution Data becomes impractical (for example, due to space constraints in print materials or character limits on certain digital platforms), Holiday Tribe may (but is not required to) provide alternative, non-identifying credit such as “Traveler Courtesy of Holiday Tribe” or similar language. 17.5.5 Good-Faith Efforts. Holiday Tribe agrees to use commercially reasonable efforts to ensure that any attribution or tagging of Content is accurate and that Attribution Data is presented in a manner consistent with the formatting and style guidelines of the platform or medium in which the Content appears. 17.5.6 No Liability for Failure to Attribute. Holiday Tribe’s failure to attribute or tag Content in any instance shall not constitute a breach of this Policy, provided that Holiday Tribe has acted in accordance with its obligations under this Section and has used good-faith efforts to attribute where feasible.

17.6. Modification and Alteration of Content

17.6.1 Right to Modify. You hereby grant Holiday Tribe Private Limited (“Holiday Tribe”) and its licensees, successors and assigns the unrestricted right to modify, adapt, alter, crop, resize, filter, color‐correct, watermark, annotate, or otherwise enhance or adjust any photographs, videos or other media content (collectively, “Content”) you have submitted or that Holiday Tribe has collected, whether prior to or following the Effective Date of this Policy (“Retrospective Content” and “Prospective Content,” collectively, the “Content”). Such modifications may include, without limitation, the addition of branding elements, text overlays, graphic treatments, or other creative enhancements, provided that the substance, context and integrity of the original Content are not materially misrepresented. 17.6.2 Scope of Permitted Changes. Holiday Tribe’s right to modify Content extends to any non-substantive or stylistic edits necessary for formatting, branding or technical compatibility across various media formats and platforms now known or hereafter devised (including print, digital, social media, email and partner channels). “Non-substantive or stylistic edits” shall mean changes that do not alter the essential subject matter, intent or meaning of the original Content, nor portray any person or scene in a false or misleading light. 17.6.3 Retrospective Application. This Section 6 applies equally to all Retrospective Content in Holiday Tribe’s possession or control as of the Effective Date, without requirement for additional notice or separate authorization, subject to the consent procedures set forth in Section 3 (Consent Requirement) and the representation and warranty obligations of Section 4. 17.6.4 No Misrepresentation. Holiday Tribe shall not effectuate any modification or combination of Content that materially distorts, defames or misrepresents the portrayal of any individual, property or event depicted therein. Any request by you to remove or reverse a specific modification that you believe to be misleading or materially misrepresentative shall be considered under Holiday Tribe’s withdrawal procedures (Section 7). 17.6.5 Disclaimer of Liability. Holiday Tribe shall not be liable for any perceived alteration of mood, tone or atmosphere resulting from color grading, cropping or other standard editorial processes so long as such processes are applied in good faith and in accordance with this Policy.

17.7. Consent Duration, Retroactive Application & Revocation

17.7.1 Duration of License. Unless earlier withdrawn in accordance with Section 7.3, the license and permissions granted by you under this Policy shall subsist in perpetuity, worldwide, and across all media now known or hereafter devised. 17.7.2 Retroactive Effect. Your consent expressly applies retroactively to any and all Content that Holiday Tribe Private Limited (“Holiday Tribe”) has collected, captured, received or otherwise obtained prior to the Effective Date of this Policy (the “Retrospective Content”), as well as to all Content submitted thereafter (the “Prospective Content”). No further notice or authorization is required for Holiday Tribe’s continued use of Retrospective Content so long as such use remains within the scope of this Policy. 17.7.3 Withdrawal of Consent. You may revoke your consent, in whole or in part, at any time by delivering a written notice to Holiday Tribe at [email protected]. Your revocation will take effect upon Holiday Tribe’s receipt of such notice. 17.7.4 Effect of Revocation. a. Prospective Use. Upon receipt of a valid revocation, Holiday Tribe will cease any new or future use, reproduction, distribution, public display or other exploitation of the affected Content in all formats, to the extent commercially and technically feasible. b. Existing Materials. Holiday Tribe shall make reasonable efforts to remove or de-list the Content from active digital and print marketing materials. Notwithstanding the foregoing, you acknowledge that Holiday Tribe may not be able to retract or destroy materials already published, printed, distributed or otherwise in circulation. c. Third-Party Partners. Holiday Tribe will use commercially reasonable efforts to notify any third-party licensees or sublicensees to cease future uses of the affected Content; however, Holiday Tribe shall not be liable for the actions of independent third parties beyond its reasonable control.

17.8. No Expectation of Compensation

17.8.1 Gratuitous License. You acknowledge and agree that the license and rights granted to Holiday Tribe Private Limited (“Holiday Tribe”) under this Policy are provided on a wholly gratuitous basis. No financial or other remuneration shall be owed to you by Holiday Tribe or any of its licensees, successors, assigns or sublicensees for the exercise of any such rights. 17.8.2 Waiver of Compensation. By submitting Content or by providing consent (whether expressly or impliedly), you irrevocably waive any right to claim or receive compensation, whether in the form of money, royalties, equity, gifts, services or other consideration, now or at any time in the future, for Holiday Tribe’s use, reproduction, distribution, display or other exploitation of the Content, unless otherwise agreed in a separate written instrument signed by both you and an authorized representative of Holiday Tribe. 17.8.3 Retroactive Application. This Section 8 applies equally to all Content already in Holiday Tribe’s possession, control or custody as of the Effective Date of this Policy (“Retrospective Content”), as well as to all Content submitted or captured thereafter (“Prospective Content”). You agree and confirm that no additional compensation shall be due in respect of any Retrospective Content, regardless of when or how it was collected. 17.8.4 No Claims or Expectations. You agree that you will not assert any claim, demand, or cause of action against Holiday Tribe or any of its licensees, successors, assigns or sublicensees for any expectation of payment, credit, attribution or recognition in connection with the use of your Content, except to the extent such attribution is expressly required by this Policy.

17.9. Minors and Third-Party Appearance

17.9.1 Representations and Warranties as to Minors. You represent and warrant that, with respect to any Content that depicts or features individuals under the age of eighteen (a “Minor”), you are either (i) the parent or legal guardian of such Minor and have the full right and authority to grant the permissions set forth herein, or (ii) have otherwise obtained from the Minor’s parent or legal guardian all necessary consents, releases, and clearances to authorize Holiday Tribe Private Limited (“Holiday Tribe”) to use such Content in accordance with this Policy. 17.9.2 Representations and Warranties as to Third Parties. You further represent and warrant that you have obtained all necessary rights, consents, releases, and permissions from any other identifiable individuals appearing in the Content (“Third-Party Individuals”), including without limitation their rights of publicity, privacy, and copyright, to permit Holiday Tribe’s collection, use, reproduction, modification, public display, distribution, and any other exploitation of the Content as contemplated by this Policy. 17.9.3 Retroactive Application. These representations and warranties shall apply equally to all Content in Holiday Tribe’s possession or control as of the Effective Date of this Policy (the “Retrospective Content”) and to all Content provided thereafter (the “Prospective Content”). You acknowledge that Holiday Tribe need not obtain any further authorization to use Retrospective Content in accordance with this Section so long as such use remains within the scope of this Policy. 17.9.4 Indemnification. You shall defend, indemnify, and hold harmless Holiday Tribe and its officers, directors, employees, agents, successors, assigns, licensees, and sublicensees from and against any and all liabilities, losses, damages, claims, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to any breach of the foregoing representations and warranties in Sections 9.1 and 9.2, including but not limited to claims by Minors or Third-Party Individuals or their respective parents, legal guardians, successors, or assigns.

17.10. Governing Law

This Policy and any dispute, claim or controversy arising out of or relating to this Policy, your consent hereunder, or the use of any Content shall be governed by and construed in accordance with the laws of India, without regard to its conflict‐of‐laws principles.

17.11. Implied License from Instagram-Linked Content

17.11.1 Grant of Rights from Tagged or Related Content. In the event that any customer or user (“User”) books or purchases services from Holiday Tribe Private Limited—whether directly through our website, social media channels (including Instagram), or through any affiliated platforms—and thereafter posts any content on Instagram (including but not limited to posts, stories, reels, videos, captions, or tagged media) that is reasonably connected to such services, Holiday Tribe shall be deemed to have been granted a non-exclusive, worldwide, perpetual, irrevocable, royalty-free license to use, reproduce, share, adapt, distribute, display, and otherwise exploit such content across any of its marketing or promotional platforms. 17.11.2 Scope of Use. This license shall apply to any Instagram content that: (a) explicitly tags Holiday Tribe’s official Instagram handle or uses company-associated hashtags (e.g., #HolidayTribe, #TravelWithHolidayTribe); (b) includes identifiable destinations, properties, experiences or visual material directly resulting from or linked to a Holiday Tribe booking or travel service; or (c) can reasonably be inferred to relate to a Holiday Tribe-arranged experience (including those that originate through Instagram inquiries or interactions). 17.11.3 No Further Approval Required. Holiday Tribe shall not be required to seek any further permission, clearance, approval or consent for the usage of such content, and the User expressly waives any moral rights or rights of objection in this regard. Users are deemed to have granted this license by virtue of (i) making a booking and (ii) publicly posting content related to the said booking on Instagram. 17.11.4 Public Access & Compliance. This clause applies only to content that is publicly available on Instagram. Holiday Tribe shall not attempt to access private accounts or content not made available by default under Instagram’s public sharing settings. All data usage shall remain compliant with Instagram’s Platform Terms, Community Guidelines, and applicable data protection laws, including the Information Technology Act, 2000 and the Digital Personal Data Protection Act, 2023, as amended. 17.11.5 Right to Opt-Out. Users who wish to revoke or limit Holiday Tribe’s usage of specific Instagram content may notify the company in writing at [email protected]. Holiday Tribe shall use commercially reasonable efforts to cease future use of such content; however, prior distributions shall not be subject to removal or takedown.

17.12. Retrospective Acceptance of Prior Data Policies

17.12..1 Acceptance of Prior Policies. By accepting these Terms & Conditions, the User hereby expressly acknowledges, agrees, and consents to be bound not only by the current version of this Content Usage Policy and associated data usage terms, but also to all previous versions of Holiday Tribe’s Data and Content Usage Policies as applicable at the time of any interaction, transaction, or content submission by the User. 17.12.2 Deemed Acceptance by Conduct. The User’s acceptance of the current and prior versions of Holiday Tribe’s policies shall be deemed valid and binding upon any of the following actions, without limitation: (a) visiting or accessing Holiday Tribe’s website or Instagram page (including but not limited to viewing, liking, or commenting on posts); (b) initiating a booking or inquiry via any Holiday Tribe platform, including social media, web chat, email, WhatsApp, or third-party integrations; or (c) submitting or providing any personal information or user-generated content—whether via form, message, upload, or verbal disclosure—on any platform owned, operated, or controlled by Holiday Tribe Private Limited. 17.12.3 Binding Effect. Such actions shall constitute conclusive evidence of informed consent and shall have the same legal effect as if the User had signed a written agreement acknowledging acceptance of the applicable policies in effect at the relevant time. The User waives any objection to the enforceability of such acceptance on grounds of lack of express or contemporaneous consent. 17.12.4 Updates and Continued Use. Holiday Tribe reserves the right to update its policies from time to time. Continued access to or use of Holiday Tribe’s platforms following any such updates shall constitute binding acceptance of the revised terms. It is the User’s responsibility to review the latest version periodically.

18. Force Majeure

Holiday Tribe shall not be liable for any failure or delay in performing its obligations due to events beyond its reasonable control. This includes, but is not limited to, acts of God, natural disasters, governmental actions, strikes, war, riots, pandemics, civil commotion, terrorist acts, cyber-attacks, power outages, or internet failures. Such circumstances shall relieve Holiday Tribe from performance obligations for the duration and extent of the force majeure event. Holiday Tribe will make reasonable efforts to mitigate the effects and resume performance as soon as possible. Users acknowledge that force majeure events do not entitle them to any compensation or damages and that such occurrences shall not constitute a breach of these Terms.

19. CONTACT INFORMATION

For any queries or concerns regarding these Terms and Conditions, please contact us: Holiday Tribe Email: [email protected] Phone: +91-7838350359 Address: 378-379, 4 th Floor, Phase IV Electronic City, Udyog Vihar, Sector 19, Gurugram, Haryana 122015