Privacy Policy & Terms of Use
- Introduction
The terms and conditions set out below (“Conditions”) apply to your use
of this web site and related web sites (“Site”), including the use of the
information services offered on the Site.
In accessing and using the Site, you agree to be bound by these Conditions
so please carefully read this section before proceeding.
If you do not accept these Conditions, you must refrain from using the Site.
These Conditions must be read in conjunction with any other applicable terms
and conditions governing the use of the Site.
- Conditions
1. Site
The Site makes available information relating to hotels and
resorts owned or managed by Fariyas Hotels Limited, a corporation
constituted under the laws of India, and its subsidiaries, controlled
entities, affiliates and related parties (“Fariyas”).
2. Trade Marks The Site contains “Fariyas” trade and service marks
and devices (including the word “Fariyas”) and other valuable trade or
service marks owned by Fariyas or licensed to Fariyas to distinguish its
services and products. These trade and service marks and related
intellectual property are protected from copying and simulation under
national and international laws and may not be reproduced or copied without
the express prior written consent of Fariyas.
Without limitation, you must not use any of the said trade or service marks:
in or as the whole or part of your own trade marks;
in connection with activities, products or services which are not undertaken
or provided by Fariyas;
in a manner which may be confusing, misleading or deceptive; or
in a manner that disparages Fariyas or its information, products or services
(including this Site).
3. Copyright The information, text, graphics, images, sounds, links
and all other information and software published or otherwise contained in
the Site (“Information”) are either owned exclusively by Fariyas or licensed
by Fariyas and except as specifically provided in these Conditions may not
be copied, distributed, displayed, reproduced or transmitted, in any form or
by any means whether electronic, mechanical, photocopying, recording, or
otherwise, without the prior written approval of Fariyas. Without limitation
you may not, without such approval from Fariyas, create derivative works
from any part of the Site or commercialise any Information, products or
services obtained from any part of the Site. Information procured from a
third party may be the subject of copyright owned by that third party.
4. Your Use The Site is for your personal non commercial use and the
Information may be downloaded or printed by you solely for that purpose.
This right to use the Information is a license only, not a transfer of
title, and is subject to the following restrictions:
the Information may not be used for any commercial purpose or public
display, performance, sale or rental;
no copyright or other proprietary notices may be removed:
the Information may not be transferred to another person;
software may not be interfered with in any manner;
every person downloading, reproducing or otherwise using the Information
must prevent any unauthorized copying of the Information;
you will only use the Information for lawful purposes and in accordance with
these Conditions.
5. Information You accept that all Information provided on the Site
or any other material accessed through the Site including via any Linked Web
Site (refer Condition 8) is general information and is not in the nature of
advice.
You also accept that all of the Information is provided on an “as is” basis
and to the extent permitted by law, is provided without any warranty,
representation or condition of any kind whether express, implied, statutory
or otherwise. You assume all responsibility and risk for your use of or
reliance upon the Information and the Site or any other material accessed
through the Site including via any Linked Web Site.
Whilst Fariyas seeks to ensue that the Information is reliable and accurate,
errors and omissions may occur and therefore, to the extent permitted by
law, Fariyas does not make or give any representation or warranty (express
or implied) of any kind as to any matter relating to the Site and any Linked
Web Site, including without limitation, as to merchantability, non
infringement of intellectual property rights or fitness for purpose.
In particular Fariyas does not warrant that:
the Information or any other material accessed through the Site including
via any Linked Web Site is reliable, accurate or complete including, without
limitation, information relating to prices and availability; or
your access to Information or any other material accessed through the Site
including via any Linked Web Site will be uninterrupted, timely or secure.
Fariyas is not liable for any loss (direct or indirect) resulting from any
action taken or reliance made by you on the Information or any other
material accessed through the Site including via any Linked Web Site. You
should make your own inquiries and seek independent professional advice
before acting or relying on any such information or material.
Fariyas may from time to time update, modify or add to the Information,
including these Conditions and absolutely reserves the right to make such
changes without any obligation to notify past, current or prospective users
of the Site. Unless otherwise specified to the contrary all new Information
shall be subject to these Conditions.
Fariyas does not guarantee that the Site will operate continuously or
without interruption or be error free. In addition, Fariyas may also suspend
or discontinue any aspect of the Site at any time without being liable for
any direct or indirect loss as a result of such action.
6. Liability Disclaimer & Exclusion
In no event shall Fariyas be responsible for any direct, indirect,
special, incidental or consequential loss or damage, however arising and
whether in contract, tort or otherwise, which you may suffer in connection
with or arising out of:
your use of the Site or any Linked Web Site; or
your use of or reliance on Information or any other material accessed
through the Site including via any Linked Web Site;
including without limitation, loss or damage by way of loss of profits, loss
of business opportunity, business interruption or loss of information.
These Conditions do not purport to exclude liability arising by any
applicable law if, and to the extent, such liability cannot be lawfully
excluded, however, .to the extent permitted by law, all warranties, terms or
conditions which would otherwise be implied into these Conditions are hereby
excluded.
Where applicable law implies any warranty, term or condition, and that law
prohibits exclusion or modification of the application of or the liability
of Fariyas under, any such warranty, term or condition, then the liability
of Fariyas shall include liability for that warranty, term or condition but
such liability will be limited for a breach of that warranty, term or
condition to one or more of the following:
if the breach relates to services, the supply of the services again or
payment of the cost of having the services supplied again; and
if the breach relates to products and the products can be repaired, repair
of such products or payment of the costs of having the products repaired,
but otherwise, replacement of the products or the supply of equivalent
products or payment of the cost of replacing the products or of acquiring
equivalent products.
7. Specific Warnings
You must ensure that your access to and your use of the Site is not
illegal or prohibited by laws which apply to you.
You must take your own precautions that the process which you employ for
accessing the Site does not expose you to the risk of virus, malicious
computer code, computer program routine or process or other forms of
interference which may damage your own computer system. Without limitation,
you are responsible for ensuring that your own computer system meets all
relevant technical specifications necessary to use the Site and is
compatible with the Site. For the removal of doubt, Fariyas does not accept
responsibility for any interference or damage to your own computer system
which arises in connection with your use of the Site or any Linked Web Site.
Fariyas does not guarantee or warrant that any material available for
downloading from the Site or any Linked Web Site will be free from any
virus, infection or other condition which has contaminating or destructive
properties. You are responsible for taking sufficient precautions and checks
to satisfy your own particular requirements for accuracy of data input and
output.
You must ensure that any information which you provide to Fariyas is
accurate and complete and does not contain any virus, malicious computer
code, computer program routine or process or other form of interference
which may damage the computer system of Fariyas or the Information or which
may detrimentally interfere with or surreptitiously intercept or expropriate
any Fariyas system, data or information.
8. Linked Websites
The Site may contain links to other web sites ("Linked Web Sites").
Those links are provided for convenience only and may not remain current or
be maintained.
You acknowledge and agree that Fariyas does not have any control over the
content or availability of Linked Web Sites and accepts no responsibility
for the content, privacy practices or any other aspect of Linked Web Sites.
Links with Linked Web Sites should not be construed as an endorsement,
approval or recommendation by Fariyas of the owners or operators of those
Linked Web Sites, or of any information, graphics, materials, products or
services referred to or contained on those Linked Web Sites, unless and then
only to the extent expressly stipulated to the contrary.
9. Hotel Reservations
The reservations feature of the Site is provided solely to assist
customers in determining the availability of travel related services and
products and to make legitimate reservations and for no other purpose.
You warrant that you are at least 18 years of age, possess the legal
authority to enter into the legal agreement constituted by your acceptance
of these Conditions and to use the Site in accordance with such Conditions.
You agree to be financially responsible for your use of the Site including
without limitation for all reservations made by you or on your account for
you, whether authorised by you or not. For any reservations or other
services for which fees may be charged you agree to abide by the terms or
conditions of supply including without limitation payment of all moneys due
under such terms or conditions.
The Site contains details of hotel charges and room rates (including any
available special offers) for hotels and resorts owned or managed by Fariyas.
Hotel reservation terms and conditions of booking are set out on the Site
and payment will be in accordance with the procedure set out in such terms
and conditions.
No contract will subsist between you and Fariyas or any of its affiliates in
respect of any services or products offered through the Site unless and
until Fariyas accepts your order by e-mail or automated confirmation through
the Site confirming that it has accepted your reservation, booking or order
and any such contract shall be deemed to incorporate the hotel reservation
terms and conditions of booking. Any other relevant terms and conditions
relating to particular services or products are set out in the Site.
You undertake that all details you provide to in connection with any
services or products which may be offered by Fariyas on the Site (including
hotel room reservations) will be correct and, where applicable, the credit
card which you use is your own and that there are sufficient funds to cover
the cost of any services or products which you wish to purchase. Fariyas
reserves the right to obtain validation of your credit card details before
providing you with any services or products.
10. Security & Non Confidentiality
Electronic transmissions of data including the Internet are public media
and any use of such media is public not private.
Information related to or arising from such use is either public or the
property of those collecting the information and not personal or private
information.
Fariyas does not warrant and cannot ensure the security or confidentiality
of any information which you transmit to Fariyas. Accordingly, any
information which you transmit to Fariyas is transmitted at your own risk.
11. Termination of Access
If you breach any of these Conditions your license to use the Site will
terminate immediately without the necessity of any notice being given to
you.
Otherwise access to the Site may be terminated at any time by Fariyas
without notice.
The provisions of these Conditions excluding, limiting and disclaiming the
liability of Fariyas will nevertheless survive any such termination.
12. General
Fariyas does not accept any liability for any failure by Fariyas to
comply with these Conditions where such failure is due to circumstances
beyond its reasonable control.
If Fariyas waives any rights available to it under these Conditions on one
occasion, this does not mean that those rights will automatically be waived
on any other occasion.
If any of these Conditions are invalid, unenforceable or illegal for any
reason, the remaining Conditions shall nevertheless continue in full force.
You are completely responsible for all charges, fees, duties, taxes and
assessments arising out of the use of the Site.
13. Governing Law & Jurisdiction
These Conditions are governed by the laws in force in India and you
agree to submit to the exclusive jurisdiction of the courts of India.
14. Return to Site
To return to the Site, click where indicated. By doing so, you
acknowledge that you have read, understood and accepted these Conditions.