TERMS OF SERVICE AGREEMENT
PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS PLATFORM OR ORDERING PRODUCTS AND SERVICES FROM THIS PLATFORM YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This Terms of Service Agreement (the “Agreement”) governs your use of this website, www.happydreams.in, and social media profiles (the “Platform”), Happy Dreams offer of products and services for purchase on this Platform, or your purchase of products and services available on this Platform. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. Happy Dreams reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Platform. Happy Dreams will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Platform. Your use of the Platform following the posting any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. Happy Dreams encourages you to review this Agreement whenever you visit the Platform to make sure that you understand the terms and conditions governing the use of the Platform. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with Happy Dreams for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Platform.
I. Membership Eligibility
Use of Happy Dreams Platform is only for those individuals or legal entities who can form legally binding contracts under the applicable law. Therefore, if you are a minor, that is below 18 years of age, you are not eligible to use or transact on this Platform.
II. Products and Services
Terms of Offer. Happy Dreams is an online marketplace for providing Happiness. “Happiness” are certain products and services packaged together, and marketed, sold via the Platform. In order to provide a comprehensive choice of Happiness, it has tied up with many vendors and service providers. By placing an order for Happiness through Happy Dreams, you agree to the terms set forth in this Agreement. Communication. If you the Platform or send emails or other data, information or communication to the Platform, you consent to receive communication through the Platform and its employees and shareholders by email, SMS, electronic alert and call to provide you with, but not limited to, updates, reminders and feedback requests. Customer Solicitation: Unless you notify Happy Dreams sales reps, while they are calling you, of your desire to opt-out from further direct company communications and solicitations, you are agreeing to continue to receive further emails, notifications, messages and call solicitations from Happy Dreams and it’s designated in house or third party call and message team(s). Opt-Out Procedure: We provide 2 easy ways to opt-out from future solicitations. 1. You may use the opt-out link found in any email solicitation that you may receive. 2. You may also choose to opt-out, via sending your email to Happy Dreams on the contact email mentioned on our website Proprietary Rights. Happy Dreams has proprietary rights and trade secrets in Happiness. You may not copy, reproduce, resell or redistribute any Happiness manufactured and/or distributed by Happy Dreams. Happy Dreams also has rights to all trademarks and trade dress and specific layouts of this webpage, including calls to action, text placement, images, and other information. Sales Tax; Service Tax. If you purchase any Happiness, you will be responsible for paying any applicable sales tax and service tax.
III. Platform
Content; Intellectual Property; Third-Party Links. In addition to making Happiness available, this Platform also offers information and marketing materials. This Platform also offers information, both directly and through indirect links to third-party websites. Happy Dreams does not always create the information offered on this Platform; instead the information is often gathered from other sources. To the extent that Happy Dreams does create the content on this Platform, such content is protected by the intellectual property laws of the Indian, foreign nations, and international bodies. Unauthorized use of the material may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this Platform is for personal, non-commercial use. Any links to third-party websites are provided solely as a convenience to you. Happy Dreams does not endorse the contents on any such third-party websites. Happy Dreams is not responsible for the content of or any damage that may result from your access to or reliance on these third-party websites. If you link to third-party websites, you do so at your own risk. Use of Platform; Happy Dreams is not responsible for any damages resulting from the use of this Platform by anyone. You will not use the Platform for illegal purposes.
You will (1) abide by all applicable local, state, national, and international laws and regulations in your use of the Platform (including laws regarding intellectual property), (2) not interfere with or disrupt the use and enjoyment of the Platform by other users, (3) not resell material on the Platform, (4) not engage, directly or indirectly, in transmission of “spam”, chain letters, junk mail or any other type of unsolicited communication, and (5) not defame, harass, abuse, or disrupt other users of the Platform License. By using this Platform, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Platform in connection with your normal, non-commercial, use of the Platform. You may not copy, reproduce, transmit, distribute, or create derivative Happiness of such content or information without express written authorization from Happy Dreams or the applicable third party (if third party content is at issue). Posting. By posting, storing, or transmitting any content on the Platform, you hereby grant Happy Dreams a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative Happiness from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world. Happy Dreams does not have the ability to control the nature of the user-generated content offered through the Platform. You are solely responsible for your interactions with other users of the Platform and any content you post. Happy Dreams is not liable for any damage or harm resulting from any posts by or interactions between users.
Happy Dreams reserves the right, but has no obligation, to monitor interactions between and among users of the Platform and to remove any content Happy Dreams deems objectionable, at its sole discretion. User Accounts; Promotions. Happy Dreams reserves the right to collect user data including name, contact information, location-based information provided by telecommunication companies or personal devices and other details to facilitate Happiness or use of the Platform. All information collected from the user are on a bonafide basis. Misuse and misrepresentation of identity or contact details will lead to automated termination of your services or the use of the platform without prior notice. Your accounts bearing contact number and email IDs are created and owned by Happy Dreams. Any promotional discounts, offers, and reward points accumulated can be revoked without prior notice in the event of suspicious account activity or your malafide intent. In the case the Platform is unable to establish your unique identity against a valid mobile number or e-mail ID, your account shall be indefinitely suspended and Happy Dreams does not have the liability to share any account information whatsoever. Happiness. The Company shall be entitled at any time without giving any reason to terminate the booking of your Happiness(s). Further, Happy Dreams encourages all its customers to take full responsibility for his/her items. In case of lost items during a Happiness, Happy Dreams will try to locate the items on a “best-effort” basis but is not responsible for the same in case of loss or damage to the same. Payment. Using any of the payment method/s on the Platform, Happy Dreams will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to: lack of authorization for any transaction/s, or exceeding the preset limit mutually agreed by You and between “Bank/s”, or any payment issues arising out of the transaction, or decline of transaction for any other reason/s. By making the Payment to Happy Dreams, you understand that Happy Dreams is neither a banking nor financial service, but only a facilitator providing electronic, automated online payments. Through providing a payment facility, Happy Dreams is not assuming any fiduciary responsibility or acting as a trustee for the concerned transaction.
IV. Disclaimer of Warranties
YOUR USE OF THIS PLATFORM AND/OR HAPPINESS ARE AT YOUR SOLE RISK. THE PLATFORM AND HAPPINESS ARE OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS. HAPPY DREAMS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, the IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT WITH RESPECT TO THE HAPPINESS OR PLATFORM CONTENT, OR ANY RELIANCE UPON OR USE OF THE PLATFORM CONTENT OR HAPPINESS. (INCLUDING TRIAL HAPPINESS) WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, HAPPY DREAMS MAKES NO WARRANTY: THAT THE INFORMATION PROVIDED ON THIS PLATFORM IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY. THAT THE LINKS TO THIRD-PARTY WEBSITES ARE TO INFORMATION THAT IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THIS PLATFORM WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. AS TO THE QUALITY OF THE HAPPINESS OR UNINTENDED EFFECTS OF OR ACCIDENTS DURING THE HAPPINESS. REGARDING ANY HAPPINESS PURCHASED OR OBTAINED THROUGH THE PLATFORM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
V. Limitation of Liability
HAPPY DREAMS ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT TO THE PLATFORM CONTENT AND HAPPINESS AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE COMMISSION EARNED BY THE PLATFORM, LESS SHIPPING, AND HANDLING, FOR HAPPINESS PURCHASED VIA THE PLATFORM. COMMISSION EARNED IS THE DIFFERENCE BETWEEN THE AMOUNT YOU PAID, LESS THE AMOUNT HAPPY DREAMS OWES OR PAID TO THE VENDOR OR SERVICE PROVIDER WHO PROVIDED OR FACILITATED THE HAPPINESS HAPPY DREAMS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR THE HAPPINESS IN ANY MANNER, INCLUDING LIABILITIES RESULTING FROM (1) THE USE OR THE INABILITY TO USE THE PLATFORM CONTENT OR HAPPINESS; (2) THE COST OF PROCURING SUBSTITUTE HAPPINESS OR CONTENT; (3) ANY HAPPINESS PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE PLATFORM; OR (4) ANY LOST PROFITS YOU ALLEGE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES
VI. Indemnification
You will release, indemnify, defend and hold harmless Happy Dreams, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys’ fees and expenses, of third parties relating to or arising out of (1) this Agreement or the breach of your warranties, representations and obligations under this Agreement; (2) the Platform content or your use of the Platform content; (3) the Happiness or your use of Happiness (including Trial Happiness); (4) any intellectual property or other proprietary right of any person or entity; (5) your violation of any provision of this Agreement; or (6) any information or data you supplied to Happy Dreams. When Happy Dreams is threatened with suit or sued by a third party, Happy Dreams may seek written assurances from you concerning your promise to indemnify Happy Dreams; your failure to provide such assurances may be considered by Cherish to be a material breach of this Agreement. Happy Dreams will have the right to participate in any defense by you of a third-party claim related to your use of any of the Platform content or Happiness, with counsel of Happy Dreams choice at its expense. Happy Dreams will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend Happy Dreams against any claim, but you must receive Happy Dreams prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Platform or Happiness.
VII. Privacy
Happy Dreams believes strongly in protecting user privacy and providing you with notice of Happy Dreams use of data. Please refer to Happy Dreams privacy policy, incorporated by reference herein, that is posted on the Platform.
VIII. Agreement to be bound
By using this Platform or ordering Happiness, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Platform.
IX. General
Power Majeure. Happy Dreams won’t be esteemed in default here under or considered answerable for any end, interference or delay in the exhibition of its commitments here under because of the act of God, flood, labor strike, lockout, or boycott, fire, storm, natural disaster, the earthquake, war, terrorism, armed conflict. Happy Dreams may whenever, in its sole discretion and without notification ahead of time to you, stop the activity of the Platform and dispersion of the Happiness. This Agreement involves the whole understanding among you and Happy Dreams and overrides any earlier understandings relating to the topic contained herein. Impact of Waiver. The disappointment of Happy Dreams to practice or uphold any privilege or arrangement of this Agreement won’t establish a waiver of such right or arrangement. In the event that any arrangement of this Agreement is found by a court of competent jurisdiction to be invalid, the gatherings(parties), nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect. Governing Law; India. This Platform begins from Jaipur This Agreement will be administered by the laws of the State of Rajasthan(Jaipur) regardless of its contention of law standards despite what might be expected. Neither you nor Happy Dreams will begin or indict any suit, continuing or case to authorize the arrangements of this Agreement, to recuperate harms for a break of or default of this Agreement, or generally emerging under or by reason of this Agreement, other than in courts situated in the State of Rajasthan(Jaipur). By utilizing this Platform or requesting Happiness, you agree to the purview and setting of such courts regarding any activity, suit, continuing or guarantee to emerge under or by reason of this Agreement. You thusly postpone any privilege to preliminary by jury emerging out of this Agreement and any related reports.Rule of Limitation.
You concur that paying little mind to any resolution or law despite what might be expected, any case or reason for activity emerging out of or identified with the utilization of the Platform or Happiness or this Agreement must be documented inside one (1) year after such cause or reason for activity emerged or be perpetually banished. Waiver of Class Action Rights. BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHER IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY. Termination. Happy Dreams maintain whatever authority is needed to end your entrance to the Platform on the off chance that it sensibly accepts, in its sole caution, that you have broken any of the terms and states of this Agreement. Following end, you won’t be allowed to utilize the Platform and Happy Dreams may, in its sole circumspection and without early notification to you, drop any exceptional requests for Happiness. On the off chance that your entrance to the Platform is ended, Happy Dreams maintains all authority to practice whatever means it considers important to forestall unapproved access of the Platform. This Agreement will endure uncertainty except if and until Happy Dreams picks, in its sole watchfulness and without advance to you, to end it. Local Use. Happy Dreams makes no representation that the Platform or Happiness is suitable or accessible for use in areas outside India. Clients who get to the Platform from outside India do as such at their very own hazard and activity and must bear all obligation regarding consistence with any relevant neighborhood laws. Task. You may not appoint your privileges and commitments under this Agreement to anybody. Happy Dreams may appoint its privileges and commitments under this Agreement in its sole prudence and without notification ahead of time to you. BY USING THIS PLATFORM OR ORDERING HAPPINESS FROM THIS PLATFORM YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. Labels Adventure at Home date Candle Light Dinner Classes Dinner Escape Games Exclusive date Fun Activities Go-Carting Horse Riding.
Changes to Privacy Policy
All changes to the privacy policy are posted on this page. Our current privacy policy was last modified on 5th January 2020.
Cancellation Policy
Valentine’s Day For Valentine’s Day, we will not be taking any cancellation requests however rescheduling can be discussed on phone for a few specific cases.
Resorts Cancellation 5 days before arrival date will incur a 10% charge; 4 to 2 days before – 50% charge; cancellation on arrival date/no-show will result in no refund. Reschedule requests will be handled from case to case basis. Happy Dreams will try to get the reschedule done at zero or the lowest cost possible.
Lunch/ dinners Any cancellation received within 24 hours prior to the booking date will incur a charge of 10% of the booking value, Only reschedule requests will be taken on the same day within 6 hours prior to booking time. Failure to arrive at your dinner/lunch location will be treated as a No-Show and no refund will be given Other reschedule request will be handled from case to case basis No rescheduling charges till 24 hours before the booking. Zero cancellation charge 3 days before booking, a 20% fee till 12 hours before booking. No show / less than 12 hours cancellation – no refund.
Private lunch/ dinners Any cancellation received within 2 days prior to the booking date will incur a charge of 90% of the booking value. Only reschedule request will be taken on the same day within 12 hours prior to booking time. Failure to arrive at your dinner/lunch location will be treated as a No-Show and no refund will be given Other reschedule request will be handled from case to case basis Activities Any cancellation received within 24 hours prior to the booking date will incur a charge of 10% of the booking value Only reschedule requests will be taken on the same day within 6 hours prior to booking time. Failure to arrive at your activity location will be treated as a No-Show and no refund will be given Other reschedule request will be handled from case to case basis. Balloon surprise/ movie date night / Etc. Any cancellation received within 24 hours prior to the booking date will incur a charge of 20% of the booking value. Only reschedule request will be taken on the same day within 6 hours prior to booking time Other reschedule request will be handled from case to case basis. Happy Dreams dining Any cancellation received within 5 days prior to booking date will incur a charge of 10% of the booking value Any cancellation received within 2 days prior to booking date will incur a charge of 50% of the booking value Reschedule request will be handled from case to case basis. Dream Gold pack Any cancellation received within 24 hours prior to the booking date will incur a charge of 10% of the booking value Only reschedule requests will be taken on the same day within 6 hours prior to booking time. Failure to arrive at your activity location will be treated as a No-Show and no refund will be given Other reschedule request will be handled from case to case basis.