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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
-> Site
The Site makes available information relating to
hotels and resorts owned or managed by Highland
Holiday Homes Pvt. Ltd., a corporation constituted
under the laws of India, and its subsidiaries,
controlled entities, affiliates and related parties.
-> 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;
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.
-> Information
You accept that all Information provided on the Site
or any other material accessed through the Site
including via any Linked Web Site 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 Highland Holiday Homes seeks to ensue that
the Information is reliable and accurate, errors and
omissions may occur and therefore, to the extent
permitted by law, Highland Holiday Homes 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 Highland Holiday Homes 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.
Highland Holiday Homes 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.
Highland Holiday Homes 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.
Highland Holiday Homes does not guarantee that the
Site will operate continuously or without
interruption or be error free. In addition, Highland
Holiday Homes 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.
-> Liability Disclaimer & Exclusion
In no event shall Highland Holiday Homes 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 Highland Holiday Homes under, any such warranty,
term or condition, then the liability of Highland
Holiday Homes 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.
-> 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, Highland Holiday
Homes 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.
Highland Holiday Homes 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 Highland Holiday Homes 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 Highland Holiday Homes or the
Information or which may detrimentally interfere
with or surreptitiously intercept or expropriate any
Highland Holiday Homes system, data or information.
-> 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 Highland Holiday
Homes 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
Highland Holiday Homes or 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.
-> Hotel Reservations
Reservation request made through the site are
subjected to availablity. Rigt of occupancy reserved
by the management.
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 Highland
Holiday Homes.
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 Highland
Holiday Homes or any of its affiliates in respect of
any services or products offered through the Site
unless and until Highland Holiday Homes 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 Highland Holiday Homes 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. Highland Holiday Homes reserves
the right to obtain validation of your credit card
details before providing you with any services or
products.
-> 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 Highland Holiday Homes without notice.
The provisions of these Conditions excluding,
limiting and disclaiming the liability of Highland
Holiday Homes will nevertheless survive any such
termination.
-> General
Highland Holiday Homes does not accept any liability
for any failure by Highland Holiday Homes to comply
with these Conditions where such failure is due to
circumstances beyond its reasonable control.
If
Highland Holiday Homes 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.
-> 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. |
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