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1.
Right to Review and Amend etc.
Hotdeal Hotels
has the right to review these terms and conditions
and modify and/or change and update the same.
Notice of such changes/modifications will be given
pursuant to Clause 15
2. Duration
These terms and conditions, as amended from
time to time, will apply for the duration that
you use the website.
3. Member Information
On registration with Hotdeal Hotels, you shall
bind yourself to provide true and accurate and
complete information in both optional and mandatory
categories as required in the registration form
or elsewhere. You shall be able to update such
information by clicking on hotdealhotels.com
on the Home Page.
Hotdeal Hotels has
the right to disallow you to transact with licensees
on site if and when it has reason to believe that
the information provided by you is incorrect,
inaccurate or incomplete.
We respect the need
for securing the information you provide and all
such information is protected and used by us as
per our Privacy Policy . This privacy policy
binds only Hotdeal Hotels, its affiliates, employees
and any third parties that Hotdeal Hotels deals
with to provide any or all of the services rendered.
Therefore you are advised to review and satisfy
yourself as to the privacy policy of the licensees
(see definition above), webstores, and other websites,
product and service providers where your personal
information is requested.
4. User Account,
Password, Security
You will be required
to choose a username and a password to enable
use of your account. Keeping the username and
password confidential and secure from misuse is
entirely your responsibility.
Any transaction (as
defined above) or use or activity from your account,
giving rise to any liability, monetary or legal
or otherwise, are your responsibility. Where you
have reasons to suspect that there may have been
unauthorized use of your account or any breach
of security you must immediately inform Hotdeal
Hotels. Hotdeal Hotels will not be responsible,
under any circumstances whatsoever, for any losses
that are incurred due to any misuse of your account
by another, with or without your consent or knowledge
or by yourself.
You must ensure that
you exit your account when you end your visit
to Hotdeal Hotels.
Also if any losses
are incurred by Hotdeal Hotels or any other person
due to misuse of your account by another it will
be your responsibility and at your cost.
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5. Legal Capacity
To transact you
must have the legal capacity to enter into this
agreement (i.e. You are above 18 years of age
and are of sound mind). Hotdeal Hotels
does provide services that may well be availed
by children/minors. If you allow children to use
your account it will be your responsibility to
monitor their use and liability will be yours
in the event that there is breach of this TAC.
6. Proprietory Rights of Hotdeal Hotels and Restrictions
on Use
Subject matter - Information, not in the public
domain; software made available to use and/ or
download; any name, symbol, device, phrase, sound,
colour used as a distinguishing Mark to identify
goods and/or services; any photograph, design,
video clips, writings, illustrations, music, sound,
found on the website. Either
Interzign Solutions Pvt. Ltd /its associates/affiliates
or another party is the owner or licensee (collectively
referred to as OWNER) of all
"subject matter" that are on
the website in which intellectual property rights
subsists. The portal
and its logo are registered trademarks.
Your use of the subject
matter is restricted. You may not copy,
reproduce, distribute, republish, down load, display
or post (electronically or otherwise), transmit,
record, reproduce without the prior written consent
of the owner.
7. Restricted Use of Site
You are being
given a limited license to use the site. It is
a license to make personal use of it. You may
not modify the site or any part thereof. The site
or its contents may not be used for commercial
purposes. The site or any portion thereof may
not be reproduced/copied or otherwise exploited
for the commercial purpose. However
you have the restricted right to download and
print subject matter from this website for the
limited purpose of using this website for a transaction/placing
an order or other non-commercial and personal
use. Any breach
of this term shall give Hotdeal Hotels the right
to terminate this limited, non-exclusive license.
8.1 Manner of Use
You may not use
this site to transmit in anyway or post or upload
any material or content.
- that
may be obscene, illegal, defamatory, abusive,
vulgar or otherwise objectionable or
- that
may bring disrepute to the site and harm its
business and or credibility and goodwill.
- that
infringes a third partys intellectual
property rights or contractual rights.
- that
may hinder the services on the site in anyway.
8.2
You are responsible
for any contents that you transmit on or through
the JourneyPost services. You agree not to use
these services to harass, harm, abuse, defame,
threaten any other person or body. You will not
conduct yourself in a manner that may violate
the privacy of any person/s or initiates / promotes
or endorses any kind of criminal conduct. You
agree to abide by all the laws and regulations
that may apply to online hotel reservation conduct.
You agree not to use any vulgar, obscene or other
offending contents when using these services.
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9. Links
There are links
to other websites on this site and these other
sites are outside the control of Hotdeal Hotels.
You agree that Hotdeal Hotels will not incur any
liability for any loss or damage that you may
incur due to using any service on that link or
any transaction entered into on that other site.
The fact that Hotdeal Hotels has agreed to have
that link on its site does not imply any assurances
or guarantees as to the quality and nature of
goods and services being provided by that other
site.
10. Indemnity
You agree to
indemnify and hold Hotdeal Hotels and its subsidiaries,
affiliates, officers, agents, and employees, harmless
from any claim or demand, litigation costs, made
by any third party due to or arising out of the
Content you submit, post to or transmit through
the Service, your use of the Service, your connection
to the message board and communication areas or
your violation of the TAC, or your violation of
any rights of any other party.
11. Termination
- Hotdeal Hotels has the
right to disallow you from booking and/ or buying
any products from any Licensee on the site;
it may terminate or stall your account or use
of the service at its sole discretion.
- It may remove and discard
any content within the Service, for any reason,
including, without limitation, for lack of use,
without notice.
- Any actions on your
behalf that violates or is inconsistent with
the letter or spirit of the TAC will also make
your account liable to be terminated. However
you will be bound to clear all demands, if any,
outstanding in your account.
- Hotdeal Hotels may also,
in its sole discretion and at any time, without
notice, discontinue providing the service or
any part thereof.
- You agree that in the
event that Hotdeal Hotels exercises its discretion
under the provisions of TAC to terminate your
account or any service provided by it such termination
is effective, without incurring any liability
and without any obligation on the part of Hotdeal
Hotels to give prior notice.
- The effect of the termination
can be immediate deletion of your account and
denial of access. Further all other data and
files in your account may also be deleted.
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12. DISCLAIMERS
Hotdeal Hotels is not the
travel product or the travel service provider
itself and hence is not responsible in any manner
whatsoever for any deficiency, delay, defect,
error or any other shortcomings in the travel
goods and services provided. You may transact
on Hotdeal Hotels or enter into transactions offline
with Licensees of Hotdeal Hotels. However, the
contract for purchase of product is exclusively
with such licensee. The product if required to
be delivered will be done at the risk of licensee
and user and Hotdeal Hotels disclaims all responsibility/
liability for the same.
You may transact
if you expressly acknowledge and agree that:
- your use of the services
on the website or of the website in any manner
is at your own risk.
- the site is provided
by Hotdeal Hotels on an "as is"
and "as available" basis.
- to the fullest extent
permitted by applicable law, Hotdeal Hotels and its
associates and affiliates, expressly disclaims
all warranties, conditions and other terms of
any kind, whether express or implied as to the
operation of the site or the information, materials,
products, services included on this site.
- to the fullest extent
permitted by applicable law, Hotdeal Hotels expressly
disclaims all warranties, express or implied
including, but not limited to any implied term
of merchantability, satisfactory quality, fitness
for a particular purpose and any term as to
the provision of services to a standard of reasonable
care and skill or as to non-infringement of
any intellectual property right.
- No warranty or representation
on behalf of Hotdeal Hotels, its associates and affiliates
is given that:
- the quality of any
products, services, information, or other
material purchased or obtained by you through
the site or any services provided by or
on the site will meet your expectations,
- the site and /or
any services provided by it will meet your
requirements,
- the service will
be without interruptions, always timely
and secure or free from all errors
- the results that
may be obtained from the use of the site
or any service provided by it will be accurate
or reliable,
- any errors in the
software will be corrected.
- Any material/contents
downloaded or otherwise obtained through the
use of the site is done at your own discretion
and risk. Hotdeal Hotels and/or its associates and
affiliates do not warrant that this site, its
servers, or any mail sent from Hotdeal Hotels will
not have viruses or harmful components.
If any damage is caused
to your computer system and any losses accrue
it will not be the responsibility of Hotdeal Hotels.
You will be solely
responsible for any damage to your computer
system or loss of data that results from the
download of any such material.
- Hotdeal Hotels, its associates
and affiliates cannot guarantee the accuracy,
integrity or quality of any contents. It is
a possibility that you may be exposed to contents
that are offensive, indecent or objectionable.
-
- Advice or information,
whether oral or written, obtained by you from
the portal or through or from the service shall
not create any warranty or other obligation
not expressly stated in the TAC.
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Disclaimers
on Hotdeal Hotels.com
Limitation of Liability
You expressly acknowledge and agree that Hotdeal
Hotels shall not be liable for any direct, indirect,
incidental, special, consequential or exemplary
damages, including but not limited to, damages
for loss of profits, goodwill, use, data or other
intangible losses (even if Hotdeal Hotels has
been advised of the possibility of such damages),
resulting from :
- the use or the inability
to use the site or any service provided by it;
- the cost of procurement
of substitute goods and services resulting from
any goods, data, information or services purchased
or obtained or messages received or transactions
entered into through or from the service;
- unauthorized access
to or alteration of your transmissions or data;
- statements or conduct
of any third party on the service; or
- any other matter relating
to the site.
- the failure of Hotdeal Hotels
to perform their obligations under this contract
where such failure is due to a force majeure
event.
14. Applicable Law/Jurisdiction
Jurisdiction for any disputes
arising from and related to this contract shall
be in Delhi for those raised by the user and concurrently
with Delhi the geographical location of the user
for disputes raised by Journey Mart. The applicable
law shall be that of India irrespective of the
conflict of laws.
15. Amendments to TAC
Hotdeal Hotels may amend this agreement on an as-needed
basis by placing an update of this posting, and
your continued use of the services following each
updated posting shall be your acceptance of any
such modification. Furthermore it is your responsibility
to monitor the Terms and Conditions page of Hotdeal Hotels
regularly to determine whether the Terms and Conditions
have been modified. If you do not agree with the
TAC of Hotdeal Hotels, or any modifications thereof
to this agreement you must immediately stop using
Hotdeal Hotels services.
16. ENTIRE AGREEMENT
This agreement represents the entire agreement
between the parties subject to the right of the
portal to amend/delete/modify the contract under
this agreement.
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