Terms and conditions
SNOWCAP VIEW HOTELIERS PRIVATE LIMITED, a company registered in India, under the provisions of the Companies Act, 1956 [‘SVHPL’] is the sole owner of the domain name hotelkanishkamanali.com and its associated website www.hotelkanishkamanali.com[‘Web-Site’].
SVHPL is engaged in the business of operating, managing, administering and running a Luxury Hotel under the name and style of ‘Hotel Kanishka Manali’ [‘Said Hotel’] and enables its ‘User/s’ [Referred to as ‘User’/ ‘You’/ ‘Your’/ ‘Yourself’] to enquire/ book/ reserve/ avail accommodations/ rooms/ suites in the ‘Said Hotel’ and to enquire/ book/ reserve/ avail other facilities and services provided in the ‘Said Hotel’, including but not limited to club memberships, dining services, spa, saloon and fitness services, venues for weddings, conferences and events, etc. [‘Said Service/s’] through this ‘Web-Site’.
Subject to you unconditionally accepting these ‘Terms & Conditions of Use’, the ‘Privacy Policy’ and such other rules, guidelines, policies, terms and conditions set forth on the ‘Web-Site’, SVHPL shall provide you access to the ‘Web-Site’ to enquire/ book/ reserve/ avail the ‘Said Service/s’ [and] enquire about any deals/ discount offers/ discount coupons/ redemption schemes concerning the ‘Said Service/s’ [and/or] enquire about any news and events about the ‘Said Service/s’ and the ‘Said Hotel’. However, SVHPL at any time and in its sole discretion reserve the right to update and modify these ‘Terms & Conditions of Use’, the ‘Privacy Policy’ and such other rules, guidelines, policies, terms and conditions set forth on the Web-Site‘.
This ‘Web-Site’ may contain additional terms that govern particular features or offers. By accessing this ‘Web-Site’, you accept and agree to be bound by the terms, conditions and notices set forth herein to the extent that, if you have entered into a written agreement containing terms that directly conflict with any terms mentioned herein these ‘Terms & Conditions of Use’, then such conflicting terms outlined in the written agreement shall prevail.
Please read these ‘Terms & Conditions of Use’ carefully.
OUR PHILOSOPHY AND SCOPE OF THESE ‘TERMS & CONDITIONS OF USE
We make every reasonable effort to ensure that information held by us is confidential and secure these security practices are reviewed regularly and many of our business decisions, including web design, technology selections and third-party business relationships are governed by consideration for your privacy.
All the ‘Said Service/s’ and all ancillary and related information available or displayed on this ‘Web-Site’ constitutes an ‘Invitation to Offer’. Enquiries/ Bookings/ Reservations by you of the ‘Said Service/s’ constitutes your ‘Offer’ which shall be subject to these ‘Terms & Conditions of Use’, the ‘Privacy Policy’ and such other rules, guidelines, policies, terms and conditions set forth on the Web-Site‘. SVHPL reserves the right to accept or reject your ‘Offer’. If you have supplied us with your valid E-mail ID, we will notify you by E-mail as soon as possible to confirm receipt of your enquiry/ booking/ reservation.
These ‘Terms & Conditions of Use’ and the ‘Privacy Policy’ on this ‘Web-Site’, apply to the management of the SVHPL database and the value-added applications that access the information to provide you with the ‘Said Service/s’ that you need. Before using this ‘Web-Site’, please read and indicate that you agree with these ‘Terms & Conditions of Use’, the ‘Privacy Policy’ and such other rules, guidelines, policies, terms and conditions as set forth on this ‘Web-Site’. If you have any questions or comments regarding these ‘Terms & Conditions of Use’, please submit them via E-mail to reservations@hotelkanishkamanali.com.
The terms SVHPL and ‘User’/ ‘You’/ ‘Your’/ ‘Yourself’ are hereinafter jointly referred to as the ‘PARTIES’ and individually referred to as a ‘PARTY’.
‘TERMS AND CONDITIONS OF USE’ / ‘AGREEMENT’
1) Eligibility:
a) Use of this ‘Web-Site’ is available only to persons/ entities who can enter into legally binding contracts under the applicable laws. Persons/ Entities who are ‘incompetent to contract’ within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents are not eligible to use this ‘Web-Site’ or avail of any of the ‘Said Service/s’.
b) If your age is below 18 [Eighteen] years, only your parents or legal guardians can avail of the ‘Said Service/s’ on your behalf of you. SVHPL reserves the right to refuse you access to the ‘Web-Site’, if SVHPL discovers that you are under the age of 18 [Eighteen] years.
c) By accessing and using this ‘Web-Site’, you represent that you are of legal age/ legal status to form a binding contract and are not a person/ entity barred from receiving the ‘Said Service/s’ under the laws, as applicable in INDIA.
d) SVHPL does not discriminate based on age, gender, race, religion, caste, class, lifestyle preference or nationality.
e) To access certain features of the ‘Web-Site’ and to avail of the ‘Said Service/s’, you may have to register and create an account. If you choose to register and create an account on the ‘Web-Site’, you understand and acknowledge that
i) SVHPL allows one registration per legitimate electronic mail address;
ii) SVHPL must approve any exceptions, including the use of one electronic mail address by multiple users;
iii) You, as a person registering and creating an account on the ‘Web-Site’, shall keep your username and password safe and confidential and update your Password whenever required;
iv) You, as a person registering and creating an account on the ‘Web-Site’, alone shall be responsible for any transactions, made either by you or users you have authorized to use your Username and Password.
v) You, as a person registering and creating an account on the ‘Web-Site’, will immediately notify SVHPL of any unauthorized use of your account;
vi) SVHPL reserves the right to suspend or terminate your account and your access to the ‘Web-Site’ if you create more than 01 [One] Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete.
f) In case you choose to access this ‘Web-Site’ from outside INDIA, you shall be responsible for compliance with local laws thereof, if and to the extent such local laws are applicable.
g) SVHPL makes no representation that any of the ‘Said Service/s’ forming part of the content of the ‘Web-Site’ is/are appropriate for being availed.
2) Information Dissemination & Protection of your Personal Information and Data Security:
a) SVHPL currently disseminates information about the ‘Said Hotel’ and the ‘Said Service/s’ to its ‘User/s’ through the ‘Web-Site’ and SVHPL may at its sole discretion, cease providing information over the same [or] may provide information over other platforms [or] may modify how information is provided over any of the existing platform/s, as it may deem fit and proper, from time to time.
b) It is clarified that irrespective of whether you have registered or not, your contact information in the ‘DO NOT DISTURB/ CALL’ registry of the Telecom Regulatory Authority of India [TRAI] or any other statutory body, upon the acceptance of these ‘Terms & Conditions of Use’, you would be deemed to have given your consent authorizing SVHPL to share your details and contact information for business and promotional purposes and have further given your consent to SVHPL to contact you for any promotional activities of SVHPL and/or the ‘Said Hotel’.
c) SVHPL shall protect the information provided by you as per its ‘Privacy Policy’ and other rules, guidelines, policies, terms and conditions as are applicable for the said purpose.
3) Use of Material, Non-Commercial Purpose:
a) The contents of this ‘Web-Site’ are owned or controlled by SVHPL and/or contents that may be owned or controlled by third parties, in turn being licensed and/or provided to SVHPL for providing the ‘Said Service/s’.
b) Unless otherwise specified by SVHPL, the ‘Said Service/s’ and this ‘Web-Site’ generally are for your personal and non-commercial use, thus you may not modify, copy, distribute, transmit, display, perform, reproduce, print, publish, license and/or create derivative works nor transfer or sell any information, software or the ‘Said Service/s’ obtained from SVHPL herein.
4) Fraudulent Use:
SVHPL reserves the right to recover costs, charges, damages, penalties and attorney fees from persons using the ‘Web-Site’ fraudulently. Furthermore, SVHPL reserves the right to initiate legal proceedings against such persons for fraudulent use of the ‘Web-Site’ and any other unlawful acts [or] acts or omissions in breach of these ‘Terms & Conditions of Use’.
5) Links and Other Sites:
The provisions concerning the same shall be following the ‘Privacy Policy’ and other rules, guidelines, policies, terms and conditions as are applicable for the said purpose. SVHPL is not responsible for the content of any third-party sites/ mobile applications and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third-party websites/ mobile applications, you do so entirely at your own risk, cost and consequence.
6) Bookings/ Reservations and Pricing Information:
a) Bookings/ Reservations of any of the ‘Said Service/s’ may be made by you in the following manner:
i) Online Advance Bookings/ Reservations through the Participating Booking Website/s/ Booking Engine/s, thereby making online payments through the ‘Payment Gateway’; or
ii) By contacting the Booking/ Reservation Desk on the Booking/ Reservation Contact Number and/or E-mail ID, provided on the ‘Web-Site’; or
iii) Physically at the ‘Said Hotel’ situated Near Circuit House, Manali, 175131, Kullu, H.P.
b) All or any bookings/ reservations of the ‘Said Service/s’ are subject to availability of the same and are subject to receipt of payment from you for the ‘Said Service/s’. No Bookings/ Reservations shall be treated as confirmed until a Booking/ Reservation Confirmation E-mail is received by you from SVHPL, confirming the booking/ reservation of the ‘Said Service/s’.
c) The guest named in the Booking/ Reservation Confirmation, must be the person staying at the ‘Said Hotel’ and/or availing the ‘Said Service/s’, otherwise SVHPL reserve/s the right to cancel your booking/ reservation.
d) While SVHPL strives to provide accurate service and pricing information, pricing or typographical errors may occur. If the ‘Said Service/s’ is/are listed at an incorrect price or with incorrect information due to an error in pricing or service information, SVHPL shall have the right, at its sole discretion, to refuse or cancel any bookings/ reservations of such ‘Said Service/s’.
e) In the event, prices for any of the ‘Said Service/s’ are misquoted, SVHPL may, at its discretion, either contact you for seeking further instructions [or] cancel your booking/ reservation, as the case may be.
f) The price of the ‘Said Service/s’ shall not include any Service Tax, VAT, Service Charge, Luxury Tax or any other similar charges and taxes as may be applicable from time to time. These will be charged at the prevailing rates and shall be payable by you to SVHPL at the time of booking/ reservation [or] at the time of check-in or check-out, as may be determined by SVHPL.
g) Any confirmed booking/ reservation price is subject to change, if:
i) There is a change in or imposition of a charge, tax or levy by the Government which may become applicable and increase the price of the ‘Said Service/s’; or
ii) A payment which is due on a booking/ reservation but not received by SVHPL on or before the notified due date;
iii) Any details relating to your booking/ reservation are changed, like your dates of stay, your accommodation type, the addition of extra services, the number of persons going to stay under the booking/ reservation, etc.
h) In case of any change in the price of the ‘Said Service/s’:
i) for reasons on [Clause 6(g)(i)] hereinabove, you may either pay the revised price concerning the booking made [or] cancel your booking and receive a full refund from SVHPL;
ii) for reasons about [Clause 6(g)(ii)] and [Clause 6(g)(iii)] hereinabove, you may either pay the revised price to the booking made [or] you shall be entitled to cancel your booking and receive a partial refund from SVHPL, as per the ‘Cancellation & Refund Policy’ of SVHPL.
i) At all times during the booking/ reservation process, you will be advised to ensure the accuracy of your booking details [such as guest details, stay dates, room types, room rates, number of guest/s, Add-Ons, etc.]. SVHPL will not be responsible or liable for errors in booking details provided by you.
7) Payment:
a) In addition to other over-the-counter payment methods approved by SVHPL with physical bookings/ reservations at the ‘Said Hotel’ [or] bookings/ reservations by contacting the Booking/ Reservation Desk of the ‘Said Hotel’, bill payments by you to SVHPL may be made through an electronic and automated collection and remittance service [‘Payment Gateway’] hosted through the HDFC Bank and Bill Desk [‘Payment Gateway Service Providers’] about online bookings/ reservations of the ‘Said Service/s’.
b) The ‘Payment Gateway’ service is provided to facilitate online bookings/ reservations of the ‘Said Service/s’ and to facilitate you to access, view and pay your bills online, in advance.
c) A surcharge/ processing fee may apply to payments made via the ‘Payment Gateway’ for online bookings/ reservations of the ‘Said Service/s’, which may vary under the policies of the ‘Payment Gateway Service Providers’.
d) In case of payments made through the ‘Payment Gateway’, SVHPL shall promptly upon receipt of payment, notify you by E-mail that your payment has been processed.
e) If SVHPL cancels your booking/ reservation after the payment has been processed, the said amount shall be reversed to your Credit/ Debit Card/ Bank Account, as the case may be.
f) Furthermore, you expressly agree, understand and acknowledge that
i) SVHPL makes no representation of any kind, express or implied, as to the operation of the ‘Payment Gateway’. You further expressly agree that your use of the ‘Payment Gateway’ service is entirely at your own risk, cost and consequence;
ii) SVHPL has made the ‘Payment Gateway’ service available to you as a matter of convenience. SVHPL expressly disclaims any claim or liability arising out of the provision of this ‘Payment Gateway service. You agree and acknowledge that you shall be solely responsible for your conduct and that SVHPL reserves the right to terminate your rights to use the ‘Payment Gateway’ service at any time;
iii) In no way shall SVHPL, the ‘Payment Gateway Service Providers’ or its/their affiliates/ associates be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, data or other intangible losses arising out of or in connection with the access to, use of [or] reliance on the ‘Payment Gateway’ service;
iv) SVHPL and the ‘Payment Gateway Service Providers’ assume no liability whatsoever for any monetary or other damage suffered by you on account of:
(1) any delay, failure, interruption, loss [or] corruption of any data or other information transmitted in connection with the use of the ‘Payment Gateway’; or
(2) any interruption or errors in the operation of the ‘Payment Gateway’.
v) You shall indemnify and hold harmless SVHPL and its respective officers, directors, agents and employees, from any claim or demand [or] actions concerning your use of the ‘Payment Gateway’ provided on this ‘Web-Site’;
vi) Your data, including without limitation, details relating to your Credit/ Debit Card/ Bank Account transmitted over the internet is susceptible to misuse, theft and/or fraud and you acknowledge and understand that SVHPL has no control over such matters. Although all reasonable care has been taken by SVHPL to guard against the unauthorized use of any information transmitted by you, SVHPL does not represent or guarantee that the use of the ‘Payment Gateway’ will not result in theft and/or unauthorized use of data over the Internet;
vii) SVHPL, the ‘Payment Gateway Service Providers’ or it’s/their affiliates/ associates shall not be liable, at any time, for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure in the ‘Payment Gateway’ and/or on account of deletion or theft or destruction or unauthorized access to, alteration of, or use of your information contained on this ‘Web-Site’.
8) Credit / Debit Card / Bank Account Details:
a) You agree, undertake and confirm that the Credit/ Debit Card/ Bank Account details provided by you, for availing the ‘Said Service/s’, shall be correct and accurate and you shall not use a Credit/ Debit Card/ Bank Account which is not lawfully owned by you. You further agree, undertake and confirm with SVHPL to provide SVHPL and/or the respective ‘Payment Gateway Service Providers, with your correct and valid Credit/ Debit Card/ Bank Account details.
b) You further agree, assure, warrant and confirm that when you initiate a payment transaction and/or issue an online payment instruction and provide your Credit/ Debit Card/ Bank Account details:
i) You are fully and lawfully entitled to use such Credit/ Debit Card/ Bank Account for such transactions;
ii) You are responsible to ensure that the Credit/ Debit Card/ Bank Account details provided by you are accurate;
iii) You are authorizing the debit to any such nominated Credit/ Debit Card/ Bank Account for the settlement of bills selected by you along with the applicable fee/s.
iv) You are responsible to ensure that sufficient credit is available on your nominated Credit/ Debit Card/ Bank Account at the time of making the payment, to permit the payment of the bill/s selected by you inclusive of the applicable fee/s, if any.
c) Furthermore, you agree, undertake and confirm that SVHPL shall not be held liable for any Credit/ Debit Card/ Bank Account fraud herein and that the liability for use of a Credit/ Debit Card/ Bank Account fraudulently by you, shall be entirely upon you and the onus to prove otherwise, shall also be exclusively upon you.
d) SVHPL agrees, undertakes and confirms that the said Credit/ Debit Card/ Bank Account details provided by you herein, shall not be utilized and shared by SVHPL and/or the ‘Payment Gateway Service Providers’ with any third party and/or person unless the same is required for any fraud verification or by any authority under the prevailing laws, regulations or by a Court Order.
9) Check-In & Check-Out Policy:
a) With booking/ reserving accommodations/ rooms/ suites in the ‘Said Hotel’:
i) The standard Check-in Time is 14:00 Hours [‘Check-in Time’] on the scheduled day of your arrival at the ‘Said Hotel’. If you arrive before 14:00 Hours, the reserved accommodations/ rooms/ suites in the ‘Said Hotel’ shall still be made available to you at the ‘Check-in Time’ only; and
ii) The standard Check-out Time is 12:00 Hours [‘Check-out Time’] on the scheduled day of your departure from the ‘Said Hotel’. A late Check-out i.e. a check-out after 12:00 Hours shall be subject to availability and at an additional charge, as may be determined by SVHPL, at its sole discretion.
b) You and all your guest/s MUST produce your ‘Booking Confirmation/ Receipt’ at the time of Check-in, within the ‘Said Hotel’, together with your original Valid Photo Identification Proof [Such as PAN Card, Passport, Aadhaar Card, Driver’s License or any other identification card or document as SVHPL may require]. These records will be kept for at least 12 [Twelve] Months and may be disclosed or made available for inspection by any Police Officer or any other authority, as otherwise required by applicable law in connection with the prevention or investigation of a crime/ fraudulent activity.
c) All accommodations/ rooms/ suites in the ‘Said Hotel’ that have been secured by advance Credit/ Debit Card/ Bank Account payments [or] prepaid at the time of booking/ reservation will he held until 23:59 Hours on the scheduled day of arrival unless you have notified SVHPL of a late arrival. In case of any unsecured bookings/ reservations, the same will be held until 16:00 Hours on the scheduled day of arrival, post which time SVHPL will be entitled to re-let such accommodation/ room/ suite unless you have notified SVHPL of your late arrival.
d) At the time of Check-in, SVHPL may authorize the accommodation/ room/ suite charges [Room Rate/ Tariff, VAT and any Service Charge/s] and anticipated incidentals for the duration of your stay against your Credit/ Debit Card/ Bank Account. We may also choose to accept a deposit in place of Card/ Bank Account Authorization by another valid form of payment, including Cash [or] Cheque ( subject to realization before check-in). During your stay, the billing system of the ‘Said Hotel’ will calculate the incidentals charged to your accommodation/ room/ suite daily. If the cost of those incidentals exceeds the authorization or deposit taken on Check-in, further authorization or deposit will automatically be requested from you and if such authorization or deposit is not available, we may request another method of settlement, failing which we reserve the right to restrict access to your accommodation/ room/ suite.
e) All outstanding charges must be paid for in full on Check-out from the ‘Said Hotel’. If the outstanding charges do not exceed the authorization or deposit taken on Check-in, the authorization or deposit for the amount not utilized will be released/ refunded, however, in case of authorization, we cannot control how long it takes for your bank to effect such release. In case of staying for multiple nights at the ‘Said Hotel’, we may require you to make payment for any outstanding charges on a more frequent basis during your stay.
10) Cancellation, No Show & Refund Policy:
a) SVHPL reserves the right to impose ‘Cancellation Charges’ if you cancel your booking/ reservation of the accommodation/ room/ suite in the ‘Said Hotel’. The time period and charges for cancellation are as follows: Time Period Cancellation Charges Cancellations made 15 [Fifteen] or more days before the scheduled date of arrival in the ‘Said Hotel’ 10% [Ten Percent] of the Booking/ Reservation Amount Cancellations made between 03 [Three] to 14 [Fourteen] days before the scheduled date of arrival in the ‘Said Hotel’ 50% [Fifty Percent] of the Booking/ Reservation Amount Cancellations made less than 02 [Two] days before the scheduled date of arrival in the ‘Said Hotel’ 100% [One Hundred Percent] of the Booking/ Reservation Amount
b) It is expressly agreed and understood by you that if the accommodations/ rooms/ suites booked/ reserved by you are labelled as non-refundable, non-cancellable, or similar, such cancellations will incur a 100% [One Hundred Percent] ‘Cancellation Charge’ regardless of the date on which the cancellation is requested by you.
c) A ‘No‐show’ is when you do not check in on the scheduled date of your arrival in the ‘Said Hotel’, within the prescribed time, as mentioned in [Clause 9(a)(i)] herein. In case of a No-show by you on the scheduled date of your arrival, it shall be deemed that you have checked in and no refund of any Booking/ Reservation Amount shall be made to you.
d) When you cancel a booking and are entitled to a refund, SVHPL will instruct the refund right away. The processing of a refund may take between 02 [Two] to 04 [Four] Weeks until the whole amount to which you have entitled shows back/ reflects on your Credit/ Debit Card/ Bank Account Statement. The reasons for this are the billing cycle of your Credit/ Debit Card and the processing time of the Bank. The refund amount shall be subject to the ‘Cancellation Policy’ as stated in the preceding sub-clauses. The Bank may additionally charge any processing fee/s, to which you shall not raise any objections.
e) In case a booking/ reservation that you make is not confirmed, SVHPL will not charge you anything on your Credit/ Debit Card/ Bank Account and release the whole amount that was held with SVHPL immediately. It may still take between 02 [Two] to 04 [Four] Weeks for the bank to process this amount and for the money to show back/ reflect on your Credit/ Debit Card/ Bank Account Statement.
11) Behavioral Guidelines:
a) You are requested to conduct yourself appropriately at all times and to comply with the procedures, rules and regulations and/or requests concerning your conduct and respect for the property of ‘Said Hotel’, its employees/ staff and guests and their health and safety.
b) You are requested not to disrupt the comfort and enjoyment of other guests, the smooth running of the ‘Said Hotel’ [or] offend other guests or our employees and staff.
c) We reserve the right to refuse the ‘Said Service/s’ or remove you from the ‘Said Hotel’ if, in our reasonable opinion, we consider your behavior and conduct inappropriate. In such a case, SVHPL shall have no obligation to refund you for any loss or expense incurred by you.
12) Child and Extra Person Policy:
a) Children below the age of 18 [Eighteen] years shall neither avail any of the ‘Said Service/s’ nor stay at the Hotel, unless accompanied/ supervised by an adult, at all times.
b) Additional rates/ tariffs may apply if extra beds, linens, sofa beds, cots, etc. are required by you. At no time shall the occupancy of a room exceed the maximum number, as determined by SVHPL.
c) Any person aged over 10 [Ten] years shall be charged with Extra Person Rates, for each person in a room which exceeds the maximum occupancy for the accommodation/ room/ suite type or where extra beds, linens, sofa beds, cots, etc. are required.
13) Events:
Please be aware that at certain times throughout the year the ‘Said Hotel’ may host weddings, conferences, events and parties, which you may feel would be an intrusion on your stay at the ‘Said Hotel’. Please contact SVHPL in advance before booking/ reserving the ‘Said Service/s’ at the ‘Said Hotel’ for information on any upcoming weddings, conferences, events or parties planned at the ‘Said Hotel’.
14) Special Requests:
Whilst SVHPL attempts to satisfy all special requests, SVHPL does not guarantee that special requests can be accommodated.
15) Third-Party Products & Services:
a) Third-party products or services are sometimes offered together with the booking/ reservation of the ‘Said Service/s’ by SVHPL. In such circumstances, the third party is entirely responsible for supplying the products or services to you and any involvement SVHPL has in facilitating your booking/ reservation with the third party is as the third party’s agent. It is clarified that under no circumstances whatsoever, shall SVHPL be presumed as a supplier of such products and services and to the extent permitted by law, SVHPL shall not be held liable for any failure by the third party to provide the products or services, nor for any act, error, omission, default or negligence of the third party.
b) All third-party coupons, vouchers, receipts and tickets are issued subject to the terms and conditions specified by those third parties.
c) SVHPL does not warrant the accuracy of any information, statements or representations made by third parties offering their products or services to you at the time of [or] along with the booking/ reservation of the ‘Said Service/s’.
16) Parking & Valet:
a) The ‘Said Hotel’ has its own car parking space and provides ‘Valet’ services for the convenience of its ‘User/s’. You acknowledge and agree that there may be an additional charge for parking your vehicle [and/or] limited spaces may be available [and/or] no space may be available for parking your vehicle for the duration of your stay at the ‘Said Hotel’.
b) SVHPL has made the ‘Valet’ service available to you as a matter of convenience. SVHPL expressly disclaims any claim or liability arising out of the provision of ‘Valet’ services. You agree and acknowledge that you shall be solely responsible for your conduct and that SVHPL reserves the right to terminate your rights to use the ‘Valet’ service/s at any time.
c) Your vehicles and the contents left inside your vehicles are at your own risk. SVHPL shall not be liable for any loss or damage caused to your vehicle and/or the contents inside your vehicle.
17) Restrictions:
a) Unless expressly permitted by SVHPL, you may not bring the following into the ‘Said Hotel’:
i) pets or livestock of any kind;
ii) pillows, bed sheets, duvets or any other items of bedding;
iii) any electrical appliances and/or equipment for heating and/or cooking purposes.
b) SVHPL reserves the right to remove and/or confiscate any of the above if found in any accommodation/ room/ suite immediately, without any notice to you and to charge you for any costs incurred for taking such action or for any loss or damage caused to the accommodation/ room/ suite and/or to the ‘Said Hotel’ or to any guests or a third party as a result of your failure to comply with the restrictions, as stated in the preceding sub-clause.
c) SVHPL further reserves the right to ask you to leave the ‘Said Hotel’ and remove your belongings from the accommodation/ room/ suite immediately, if SVHPL, in its sole discretion, deems that you have used the accommodation/ room/ suite in an irresponsible manner or in a manner that will compromise the safety of and/or cause damage and/or harm to the accommodation/ room/ suite [and/or] to the ‘Said Hotel’ [and/or] to other guests or our employees/ staff [and/or] to the reputation of SVHPL, without any refund or compensation to you.
d) SVHPL is committed to providing a smoke-free environment in all accommodations/ rooms/ suits as well as the entire ‘Said Hotel’. Smoking is prohibited in the ‘Said Hotel’ including but not limited to accommodations/ rooms/ suites, except for any restricted smoking area/s designated by SVHPL.
18) Damage:
You shall be liable for any damages caused by you to the allocated accommodation/ room/ suite and/or to the ‘Said Hotel’ during your stay at the ‘Said Hotel’ and/or during availing any of the ‘Said Service/s’. SVHPL reserves the right to retain your original Valid Photo Identification Proof submitted by you to the ‘Said Hotel’ at the time of Check-in and charge you such amount against the damages as it shall in its sole discretion deem fit to compensate or make good the loss, damage, costs or expenses incurred or suffered by SVHPL as a result of the damages. The decision of SVHPL as to the quantum of damage shall be final and binding on you.
19) Right to Refuse Accommodation:
a) SVHPL reserves the right to refuse accommodation/ room/ suite to you without any notice and terminate any booking/ reservation without being liable for any refund or compensation for the following reasons:
i) the booking/ reservation has been paid through fraudulent means;
ii) the booking/ reservation has been altered by anyone other than the employees/ staff of the ‘Said Hotel’ or the booking/ reservation has been tampered with or the booking/ reservation confirmation has been defaced [in which case SVHPL reserves the right to retain such defaced booking/ reservation confirmation];
iii) the person/ guest checking-in is not [or] cannot prove that he/she is the person named in the booking/ reservation confirmation;
iv) For any other reasons, as permitted under the provisions of these ‘Terms & Conditions of Use’.
b) Furthermore, SVHPL reserves the right to refuse accommodation/ room/ suite to you and/or cancel your booking/ reservation for the sake of convenience, provided SVHPL notifies you, at-least 15 [Fifteen] Days before your scheduled arrival date and promptly also refunds the entire booking/ reservation amount received from you within such 15 [Fifteen] Days period.
20) Intellectual Property Issues:
a) SVHPL and its licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this ‘Web-Site’. Access to this ‘Web-Site’ does not confer and shall not be considered as conferring upon anyone any license under any of SVHPL’s or any third party’s intellectual property rights. All rights, including trademarks, copyrights, patents, designs, etc. in this ‘Web-Site’ are owned by or licensed to SVHPL. Any use of this ‘Website’ or its contents, including copying or storing it or them in whole or part, other than for your own personal and non-commercial use is prohibited without the permission of SVHPL. You may not modify, distribute or re-post anything on this ‘Web-Site’ for any purpose.
b) The Trade Marks, Logos, Service Marks, Pictures, Designs and Layouts displayed on this ‘Web-Site’ are the sole and exclusive property of SVHPL and/or the respective third parties. Access to this ‘Web-Site’ does not authorize anyone to use any name, logo or mark in any manner whatsoever. No Trade Mark or Service mark license is granted in connection with the materials contained on this ‘Web-Site’. Access to this ‘Web-Site’ does not authorize anyone to use any Trade Mark, Service Mark, Name, Logo or Mark in any manner whatsoever.
c) References on this ‘Web-Site to any names, marks, products or services of third parties or hypertext links to third-party sites or information are provided solely as a convenience to you and do not in any way constitute or imply an endorsement, sponsorship or recommendation by SVHPL of a such third party and/or such third party information, product/s or service/s.
d) SVHPL is not responsible for the content of any third-party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third-party websites, you do so entirely at your own risk.
e) All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this ‘Web-Site’ [collectively referred to as ‘SVHPL Contents’] are intended solely for personal and non-commercial use. You may download or copy the ‘SVHPL Contents’ and other downloadable materials displayed on this ‘Web-Site’ for your personal and non-commercial use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce [except as noted above], publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the ‘SVHPL Contents’, this ‘Web-Site’ or any related software. All software used on this ‘Web-Site’ is the sole and exclusive property of SVHPL and is protected by Indian and international Intellectual Property Laws. The ‘SVHPL Contents’ and software on this ‘Web-Site’ may be used only as a resource to avail the ‘Said Service/s’. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance of the ‘SVHPL Contents’ is strictly prohibited. Unless otherwise noted, all ‘SVHPL Contents’ are copyrights, trademarks, designs, trade dress and/or other intellectual property owned, controlled or licensed by SVHPL [or] any one of its affiliates [or] by third parties who have licensed or provided their materials to SVHPL and are protected by Indian and International Intellectual Property Laws. The compilation [meaning the collection, arrangement and assembly] of all ‘SVHPL Contents’ on this ‘Web-Site’ is the exclusive property of SVHPL and is also protected by Indian and International Intellectual Property Laws.
f) If you believe that your work has been copied in any way that constitutes an intellectual property infringement, please send an E-mail to SVHPL at reservations@hotelkanishkamanali.com along with the following information:
i) An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property;
ii) A description of the work that you claim has been infringed;
iii) A description of where, on the ‘Web-Site’ is the material located, that you claim is infringing;
iv) Your address, telephone number and e-mail address;
v) A statement by you that you have good faith and belief, that the disputed use is not authorized by the owner, its agent or under the prevailing law;
vi) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner or authorized to act on behalf of such owner.
21) Online Communication/ Electronic Communication:
a) You agree that all agreements, notices, disclosures and other communications that SVHPL provides to you electronically, satisfy all or any legal requirement/s, wherein such communication/s are required to be in writing.
b) When you access the ‘Web-Site’ and/or call [or] send emails/ texts to SVHPL, you are communicating with SVHPL electronically and you consent to receive communications from SVHPL electronically. SVHPL shall therefore communicate with you by email or by posting notices on this ‘Web-Site’. You would typically receive a confirmation E-mail upon registering on the ‘Web-Site’ and general reminders thereafter.
c) SVHPL may also occasionally collect information by using online surveys and promotions, wherein you will not be compulsorily required to participate in these surveys and you may opt out from even receiving requests to enter such surveys.
d) SVHPL may also offer a channel for marketing communication from providers and other e-commerce, e-trading and/or e-business service providers.
e) You can send an E-mail to us in case erroneous data is stored in respect of your account and we shall rectify/ update the same.
22) Agreed Guidelines:
You agree to the following guidelines:
a) Respecting the privacy and views of others;
b) Not using the ‘Web-Site’ to promote any specific goods or services unless specifically authorized in writing, by SVHPL;
c) Not using the ‘Web-Site’ for unlawful purposes;
d) Not posting obscene, defamatory, harmful or false information on or through the ‘Web-Site’;
e) You further agree and confirm that:
i) you shall use ‘Said Service/s’ facilitated/ provisioned by SVHPL and/or the ‘Payment Gateway’ service facilitated/ provisioned by the ‘Payment Gateway Service Providers and/or booking/ reservation services facilitated/ provisioned by the Participating Website/s/ Booking Engine/s, its affiliates, consultants and contracted/ participating companies, for lawful purposes only and comply with all applicable laws and regulations while using the ‘Web-Site’ and transacting on the ‘Web-Site’;
ii) you are accessing the ‘Web-Site’ and availing the ‘Said Service/s’ offered by SVHPL, at your sole risk and are using your best and prudent judgment before availing the ’Said Service/s’.
f) You shall not use the ‘web-site’ for any of the following purposes:
i) disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material;
ii) transmitting material that encourages conduct that constitutes a criminal offence [or] results in civil liability [or] otherwise breaches any relevant laws, regulations or code of practice/ conduct;
iii) gaining unauthorized access to other computer systems;
iv) interfering with any other person’s use or enjoyment of the ‘Web-Site’;
v) breaching any applicable laws;
vi) interfering or disrupting networks [or] other third party sites connected to the ‘Web-Site’;
vii) making, transmitting or storing electronic copies of materials protected by intellectual property laws without the permission of the owner.
g) You further undertake that you shall not do any act or post, display, upload, modify, publish, transmit, update or share any information that:
i) belongs to another person and to which you do not have a right;
ii) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling [or] otherwise unlawful in any manner whatsoever;
iii) infringes any patent, trademark, copyright, design or other intellectual proprietary rights of any third party; iv) violates any law for the time being in force;
v) impersonates another person;
vi) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
vii) is prohibited under the applicable law/s and rules for the time being in force including the Information Technology Act, 2000 [read with the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 and the Information Technology (Intermediaries Guidelines) Rules, 2011] and the Indian Penal Code, 1860, as amended from time to time;
viii) threatens the unity, integrity, defence, security or sovereignty of INDIA, friendly relations with foreign states or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
h) You are further also prohibited from:
i) violating or attempting to violate the integrity or security of the ‘Web-Site’ or any ‘SVHPL Content’;
ii) transmitting any information on or through the ‘Web-Site’ that is disruptive or competitive to the provision of services by SVHPL;
iii) intentionally submitting on the ‘Web-Site’ any incomplete, false or inaccurate information;
iv) making any unsolicited communications to other users;
v) using any engine, software, tool, agent or other device or mechanism [such as spiders, robots, avatars or intelligent agents] to navigate or search the ‘Web-Site’;
vi) attempting to decipher, decompile, disassemble or reverse engineer any part of the ‘Web-Site’;
vii) copying or duplicating in any manner any ‘SVHPL Content’ or other information available on the ‘Web-Site’;
viii) framing or hot-linking or deep-linking the ‘Web-Site’ or any ‘SVHPL Content’.
23) General Terms:
a) You understand and agree that the ‘Said Service/s’ provided from time to time by SVHPL on this ‘Web-Site’ are provided for your convenience and benefit.
b) Unless expressly provided otherwise by SVHPL, all information or materials submitted by you to SVHPL through or in association with the ‘Web-Site’ shall be considered non-confidential and the property of SVHPL. By submitting such information or materials to SVHPL, you agree, at no cost or fee, to assign to SVHPL of all worldwide rights, titles and interests in copyrights and other intellectual property rights to such information or materials.
c) You grant SVHPL and all other persons or entities involved in the operation of this ‘Web-Site’, all the right, title and interest to transmit, monitor, retrieve, store and use your information in connection with the operation of your records.
d) You agree that you are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for the accuracy of data and for maintaining records as external means to this ‘Web-Site’ for the reconstruction of lost data.
e) SVHPL or any of its employees/ staff do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans or new product names. Please do not send any original creative artwork, samples, demos, or other works to SVHPL. The sole purpose of these ‘Terms & Conditions of Use’ and ‘Privacy Policy’, is to avoid potential misunderstandings or disputes when SVHPL services or marketing strategies might seem similar to ideas submitted to SVHPL by you. In furtherance to the same, please do not send your unsolicited ideas to SVHPL or anyone at SVHPL. If, despite our request to you not send us any of your ideas and materials, you still send them, please understand that SVHPL makes no assurances that your ideas and materials will be treated as confidential or proprietary.
24) Objectionable Material:
a) You understand that by using this ‘Web-Site’ and/or availing the ‘Said Service/s’ facilitated/ provisioned on the ‘Web-Site’, you may encounter content/s that may be deemed by some party or person to be offensive, indecent or objectionable, which content/s may or may not be identified by SVHPL as such.
b) You agree to use the ‘Website’ and/or the ‘Said Service/s’, at your sole risk and to the fullest extent permitted under applicable laws, wherein SVHPL and its affiliates shall have no liability to you for content/s that may be deemed offensive, indecent or objectionable to you.
c) You agree to inform SVHPL if you come across any content/s that is/are offensive or violates these ‘Terms & Conditions of Use’ or infringes any intellectual property rights to enable SVHPL to keep the ‘Web-Site’ working efficiently and safely. SVHPL reserves the right to take down any such content/s and further take all reasonable technical and legal steps to prevent the misuse of the ‘Web-Site’ in keeping with the letter and spirit of these ‘Terms & Conditions of Use’. In the event, you encounter any problems with the use of the ‘Web-Site’ or the ‘Said Service/s’ you are requested to report the problem by E-mail to SVHPL at reservations@hotelkanishkamanali.com.
25) Reviews; Feedback Submissions:
a) All reviews, comments, feedback, postcards, suggestions, ideas and other submissions disclosed, submitted or offered to SVHPL on or through the ‘Web-Site’ or otherwise disclosed, submitted or offered in connection with your use of the ‘Web-Site’ [collectively referred to as the ‘Comments’] shall be and remain the property of SVHPL. Such disclosure, submission or offer of any ‘Comments’ shall constitute an assignment to SVHPL of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the ‘Comments’. Thus, SVHPL owns exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any ‘Comments’. SVHPL shall be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any ‘Comments’ you submit for any purpose whatsoever, without restriction and without compensating you in any way. SVHPL is and shall be under no obligation:
i) to maintain any ‘Comments’ in confidence;
ii) to pay you any compensation for any ‘Comments’; or
iii) to respond to any ‘Comments’.
b) You agree that any ‘Comments’ submitted by you on the ‘Web-Site’ will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right/s, and will not cause injury to any person or entity. You further agree that no ‘Comments’ submitted by you on the ‘Web-Site’ will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material [or] contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of ‘SPAM’.
c) SVHPL does not regularly review posted ‘Comments’, but does reserve the right [but not the obligation] to monitor and edit or remove any ‘Comments’ submitted to the ‘Web-Site’. You grant SVHPL the right to use the name that you submit in connection with any ‘Comments’. You agree not to use a false E-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any ‘Comments’ you submit. You are and shall remain solely responsible for the content of any ‘Comments’ you make and you agree to indemnify SVHPL and its affiliates for all claims resulting from any ‘Comments’ submitted by you on the ‘Web-Site’. SVHPL and its affiliates take no responsibility and assume no liability for any ‘Comments’ submitted by you or any third party.
26) Dispute Resolution:
You agree and admit that any dispute, claim, or controversy arising between SVHPL and you shall be governed by INDIAN laws and you further agree to submit yourself to the sole and exclusive jurisdiction and venue of the Courts in the City of Pune for all and any matters arising out of or concerning or relating to or touching these ‘Terms & Conditions of Use’, the ‘Privacy Policy’ and such other rules, guidelines, policies, terms and conditions as are applicable.
27) Miscellaneous Terms:
a) Nothing contained herein shall be deemed or construed by the PARTIES nor by any third party as creating a relationship of a partnership or a joint venture or an owner and an agent, it is understood and agreed that neither any provision contained herein nor any act of the PARTIES hereto, shall be deemed to create any relationship between the PARTIES hereto, other than as contemplated herein i.e. SVHPL [being the provider of the ‘Said Service/s’] and You [being the ‘User’].
b) You agree that you may not and will not hold yourself out as a representative, agent, or employee of SVHPL and SVHPL shall not be liable for any representation, act or omission on your part.
c) SVHPL does not preview what people say on community forums and blogs, but, if SVHPL finds that you are using such forums in ways that do not support the original purpose of SVHPL, SVHPL will prevent you from using the ‘Said Service/s’ and/or the ‘Web-Site’ generally. SVHPL regards the items listed herein as the guidelines for your behaviour while booking/ reserving/ availing the ‘Said Service/s’ through the ‘Web-Site’ generally.
d) While the philosophy of SVHPL will not change, the details herein may change over some time as SVHPL may add additional services and form relationships with new business channel partners. In case SVHPL makes changes to these ‘Terms & Conditions of Use’ mentioned herein and/or its ‘Privacy Policy, SVHPL shall update such revisions/ alterations/ modifications on the ‘Web-Site’.
e) The failure of SVHPL to enforce any right or provision of these ‘Terms & Conditions of Use’ will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of SVHPL. Except as expressly outlined in these ‘Terms & Conditions of Use’, the exercise by either PARTY of any of its remedies under these ‘Terms & Conditions of Use’ will be without prejudice to its other remedies under these ‘Terms & Conditions of Use’ or otherwise.
f) The PARTIES hereto agree that if at any time, any of the terms, conditions and/or provisions of these ‘Terms & Conditions of Use’ is/are declared to be invalid or unenforceable to any extent under the applicable laws or under directions or orders of any judicial or other competent authority, the validity or enforceability of the remaining terms, conditions and provisions of these ‘Terms & Conditions of Use’ shall not be impaired and this ‘Terms & Conditions of Use’ shall continue to be valid to the fullest extent permitted by law, construed as if it had been executed without such invalid or unenforceable terms, conditions and/or provisions.
28) Indemnification:
a) You agree to defend, indemnify and hold SVHPL and the ‘Payment Gateway Service Providers’ and/or its/ their affiliates/ associates/ participating booking websites/ participating reservation websites/ companies, as well as its/their officers, directors, employees, staff, agents, suppliers and its/their successors, harmless from and against any claims, actions or demands, liabilities, damages, losses, costs, expenses and settlements including without limitation, reasonable legal and accounting fees, resulting from or alleged to result from, your violation of these ‘Terms & Conditions of Use’, ‘Privacy Policy’ and such other rules, guidelines, policies, terms and conditions as are applicable and further you agree to provide SVHPL with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage or cost.
b) Your use of this ‘Web-Site’ is at your own risk i.e. in no event shall SVHPL be liable for any damages including without limitation, incidental and consequential damages, lost profits or damages resulting from lost data or business interruption, arising out of or in connection with the ‘Web-Site’ or the contents herein or in reliance on the information available on this ‘Web-Site’, whether based on warranty, contract, tort or any other legal theory and whether or not SVHPL is advised of the possibility of such damages.
c) If you are dissatisfied with any of the ‘Said Service/s’ offered by SVHPL or other contents of this ‘Web-Site’ or with these ‘Terms & Conditions of Use’, your sole and exclusive remedy for dissatisfaction with SVHPL is to discontinue the use of this ‘Web-Site’ and the ‘Said Service/s’.
d) This clause shall survive the expiry or termination of these ‘Terms & Conditions of Use’.
29) Legal Disclaimer; No Warranties; Limitation of Liability:
a) To the fullest extent permitted by law, SVHPL disclaims all warranties, express or implied, including without limitation for non-infringement, merchantability, satisfactory quality and fitness for purpose.
b) To the fullest extent permitted by law, SVHPL disclaims guarantees regarding the accurate listing of information about the ‘Said Service/s’ offered by SVHPL. You understand that there may be errors in the information about the ‘Said Service/s’. Under no circumstances shall SVHPL be liable for any consequential, special, indirect, exemplary or punitive damages [including without limitation loss of profits, revenue, interest, goodwill, etc.] whether in contract, tort [including negligence] or any other legal theory, even if advised of the possibility of such damages.
c) This ‘Web-Site’ and all the contents hereof are provided on an ‘as is’ basis. SVHPL and its affiliates/ associates do not make any express or implied warranties, representations or endorsements whatsoever concerning the accuracy, completeness, correctness, timeliness or usefulness of the ‘Said Service/s’ and/or third party products and/or services and/or any other information provided through the ‘Web-Site’ generally.
d) Under no circumstances shall SVHPL and/or its affiliates/ associates be held liable and/or responsible and/or be held accountable and/or liable for any unpleasant and/or criminal experience faced by you while availing any third-party products and/or services [and/or] while placing any reliance on [or] acting upon any information provided on this ‘Web-Site’. Furthermore, under no circumstances shall SVHPL and/or its affiliates be held liable and/or responsible for any defect/ deficiency in the products [and/or] services availed by you from the third-party vendors/ service providers.
e) SVHPL has made every effort to display the colors in respect of the ‘Said Service/s’ appearing on the ‘Web-Site’ as accurately as possible. SVHPL does not guarantee that any color displayed on the ‘Website’ will be accurate.
f) You understand that SVHPL cannot and does not guarantee or warrant that the ‘Web-Site’ in general, its contents and any records created by you, will operate error-free or that the ‘Web-Site’ or its server/s are free of computer viruses, other harmful items, infection, worms, Trojan horses or other code/s that manifest contaminating or destructive properties or that it will be available to you at any time. If your use of the ‘Web-Site’ and/or the contents hereof result in the need for servicing or replacing your data, SVHPL is not responsible for any such costs, incurred by you.
g) As the ‘Web-Site’ may contain references to Linked Sites controlled by parties other than SVHPL and its affiliates/ associates, SVHPL cannot guarantee that the Linked Sites will be available at all times. SVHPL is not responsible for and does not endorse the contents or use of such Linked Sites, thereby SVHPL and its affiliates, make no warranties about the accuracy, reliability, completeness, or timeliness of the Linked Sites or the contents thereof.
h) Unfortunately, no data protection method or a combination of different data protection methods can guarantee 100% [One Hundred Percent] security.
SVHPL takes all reasonable steps to protect your personal information as described throughout these ‘Terms & Conditions of Use’ and its ‘Privacy Policy’, but SVHPL does not assure or warrant its ability to do so. As a result, you avail of the ‘Said Service/s’, at your own risk. SVHPL will not be liable for the disclosure of your personal information due to errors in transmission or unauthorized acts of third parties. i) SVHPL also does not guarantee continuous or secure access to the ‘Said Service/s’ on the ‘Web-Site’. Accordingly, to the extent legally permitted SVHPL excludes all implied warranties, of merchantability, fitness or quality of the ‘Web-Site’ and the ‘Said Service/s’.
30) Force Majeure:
You accept and acknowledge that SVHPL shall not be liable for any loss or damage caused to you for any failure or delay of performance resulting from any governmental action, fire, flood, insurrection, earthquake, power failure, network failure, riot, explosion, embargo, strikes [whether legal or illegal], terrorist act, labour or material shortage, transportation interruption of any kind or work slowdown or any other condition not reasonably within the control of SVHPL.
31) Availability:
a) SVHPL controls and operates this ‘Web-Site’ from Pune, INDIA and makes no representation that the information, materials and contents of this ‘Web-Site’ are appropriate or will be available for use in other locations. If you use this ‘Web-Site’ from outside INDIA, you are entirely responsible for compliance with all applicable local laws.
b) Information that SVHPL publishes on the ‘Web-Site’ may contain references or cross references to SVHPL programs and services that are not announced [or] available in your location. Such references do not imply that SVHPL intends to announce such programs or services in your location.
32) Modification:
SVHPL may at any time modify these ‘Terms & Conditions of Use’, the ‘Privacy Policy’ and such other rules, guidelines, policies, terms and conditions as are applicable without any prior notification to you. You can access the latest version of these ‘Terms & Conditions of Use’, ‘Privacy Policy’ and such other rules, guidelines, policies, terms and conditions as are applicable at any given time on the ‘Web-Site’. You should regularly review the ‘Terms & Conditions of Use’, ‘Privacy Policy’ and such other rules, guidelines, policies, terms and conditions as are applicable on the ‘Web-Site’.
In the event the modified ‘Terms & Conditions of Use’, ‘Privacy Policy’ and such other rules, guidelines, policies, terms and conditions as are applicable is/are not acceptable to you, you should discontinue using the ‘Web-Site’. However, if you continue to use the ‘Web-Site’ and/or continue to avail of the ‘Said Service/s’ you shall be deemed to have agreed to accept and abide by the modified ‘Terms & Conditions of Use’, ‘Privacy Policy’ and such other rules, guidelines, policies, terms and conditions as are applicable.