This document is an electronic record under Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes under applicable Indian laws. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This document is published and shall be construed in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and user agreement for access or usage of www.hotelosm.com website.
User Agreement
Your use of www.hotelosm.com and all the web-pages, hyper-links, tools and services provided there under (hereinafter referred to as “the Website” which expression shall include and successor or replacement website) is governed by the following terms and conditions as applicable to the Website (“User Agreement”). This User Agreement shall come into effect upon your each visit or usage of the Website or upon your registration or upon you providing any information on the Website.
For the purpose of the User Agreement, Registered User / Visitor and wherever the context so require ‘You’ shall mean any natural or legal person who has agreed to become a member of the Website by providing Registration Data (as defined hereinafter) while registering on the Website as Registered User using the computer systems of the Website or who has used the Website without becoming a Registered User, and, in both the cases, accepted this electronic version / electronic record of the User Agreement. A Registered User has allocated himself a unique identification user name (“User ID” and “Password”) to become Registered User. The term and expression You shall unless the context otherwise require shall and include your legal heir, receivers, successors, liquidators and permitted assigns.
As a Registered User, this User Agreement shall be effective and binding upon your ‘acceptance’. ‘Acceptance’ shall mean your affirmative action in clicking on ‘check box’ and /or on the ‘continue button’ and/or or any affirmative action as provided on the registration page or using or accessing the Website through logging in by Your third party website user ID and password including that of www.facebook.com, websites owned by Yahoo Inc. or its subsidiaries, Google Inc. or its subsidiaries, twitter or any other social media website as permitted on the Website or generally using the Website in any manner, with or without using Your User ID and Password. If you do not agree or are not willing to be bound by the terms and conditions of this User Agreement, please do not click on the “check box” and/or on the “continue” button or any other button and do not seek to obtain access to or otherwise use the Website.
Amendments to the User Agreement: The Company may amend this User Agreement at any time by posting a revised version on the Website. The revised version will be effective at the time Company posts it on the Website. You are advised to regularly check for any amendments or updates to the terms and conditions contained in this User Agreement.
Disclaimers:
The following disclaimers by the Company are the key to determine any relationship between You and the Company for Your use of the Website and for Company providing any services on the Website:
Company and its suppliers, affiliates and service providers provide the Website and services on “as is” basis and without any warranty or condition, express, implied or statutory and specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. You expressly agree that your use of the Website is at your risk.
Company, its associates, affiliates and service providers and technology partners make no representations or Warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website will be error free and/or uninterrupted
You understand, agree and acknowledge that Company uses third party services providers to store and process Your personal information and other information which You provide to the Company (as more specifically identified in the Privacy Policy) and such third parties may store and process your personal information in a country or state which may not have jurisdiction over You and / or such country or state may not have any data protection or data privacy laws or such country’s or state’s data protection or data privacy laws may not be as strong as the country or state having jurisdiction over You or over the Company. You agree and understand that Company provides no guarantee, warranty or assurance that such third party service providers will protect Your personal information and Company shall not be liable for any actions, commission, omission, misconduct, fraud or negligence (whether in contract or tort or under public policy) of these third parties unless such actions, commission, omission or negligence of the third party is attributed to a direct cause of misconduct and gross negligence of Company.
You agree that the aforesaid disclaimers shall be in addition to any other disclaimers given in this User Agreement.
Electronic Communications
When You use the Website or send emails or other data, information or communication to the Company, You agree and understand that You are communicating with the Website and Company and all other Registered Users and Visitors through electronic records which are legally identifiable and enforceable, and You consent to receive communications via electronic records from the Website, Company and all other Registered Users and Visitors and as and when posted, communicated or required.
Service of Notice: The Registration Data and email ID or Your account details of the third party website through which You register with the Website will be construed as Your ‘designated electronic address’ and the Company, Website, other Registered Users, Visitors, third parties and law enforcement agencies will communicate with You on your designated electronic address which will be deemed adequate service of notice / electronic record.
By impliedly or expressly accepting this User Agreement, You also accept and agree to be bound by various policies of the Company as provided from time to time in various hyperlinks on the Website.
Membership Eligibility
Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872 and any other applicable law for this purpose. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 and any other applicable law for this purpose including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a member of the Website. Company reserves the right to terminate your membership and refuse to provide you with access to the Website if it is brought to Company’s notice or if it is discovered that you are under the age of 18 years or are otherwise “incompetent to contract”. If you are registering as or on behalf of a business entity, you represent that you are duly authorized by the business entity to accept this User Agreement and you have the authority to bind that business entity to this User Agreement.
Your Account and Registration Obligations
If you use the Website as Registered User, you are responsible for maintaining the confidentiality of your User ID and Password. You are responsible for all activities that occur under your User ID and Password. You agree, inter alia, to provide true, accurate, current and complete information about yourself as prompted by Website registration form or provided by You as a Visitor or user of a third party site through which You access the Website. If you provide any information that is untrue, inaccurate, not current or incomplete or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement, Company has the right to indefinitely suspend or terminate or block access of your membership with the Website and refuse to provide you with access to the Website.
You hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights you have in Your information, in any media or medium now known or developed, produced, invented or used in future, with respect to Your information.
By registering for a membership account with us, you agree and provide your consent of the understanding that we and our service partners can contact you for promotional, transactional and other information over calls and messages.
Use of the Website
You understand and agree that Company and the Website merely provide services to its Registered Users and persons browsing / visiting the Website. The Website also contains various third party user generated content and material. The Company neither originates nor initiates the transmission nor selects the sender and receiver of the transmission nor selects nor modifies the information contained in the transmission.
You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules there-under as applicable and as amended from time to time and also all applicable laws, rules and regulations and International laws (including without limitation all direct and indirect tax laws and all local, entry or usage related tax laws) regarding your use of our service.
Privacy
The Company collects, stores, processes and uses Your information in accordance with Company Privacy Policy. By using the Website and/ or by providing your information, you consent to the collection and use of the information you disclose on the Website by Company in accordance with Company Privacy Policy.
No Warranty and Disclaimers
Company and its suppliers, affiliates and service providers provide the Website and services on “as is” basis and without any warranty or condition, express, implied or statutory and specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. You expressly agree that your use of the Website is at your risk.
Company, its associates, affiliates and service providers and technology partners make no representations or Warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website will be error free and/or uninterrupted.
General
None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between You and Company and You shall have no authority to bind Company in any manner whatsoever nor shall Company have any authority to bind you in any manner whatsoever. All the services provided by the Company shall be as independent contractor and on principal to principal basis.
If any clause of the User Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the User Agreement.
This Agreement sets forth the entire understanding and agreement between You and Company with respect to the subject matter hereof.
In Company’s sole discretion, Company may transfer its rights and obligations under this Agreement, assign this Agreement or novate this Agreement without your prior express consent. However, Company on reasonable efforts basis and if practicable may provide You with an advance intimation of any such acts.
Grievance Officer: In accordance with Information Technology Act 2000 and rules made there under, the Grievance Officer for the purpose of Your personal sensitive information as governed by the Company Privacy Policy is Shivani Poddar and can be reached at reservations@hotelosm.com.
Governing Law: This User Agreement and all the rules and policies contained herein and any of Your usage of Website and Your dealings with Company shall be governed and construed in accordance with the laws of India.
Arbitration
If any dispute arises between You and Company during Your use of the Website or Your dealing with the Company in relation to any activity on the Website, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement and all the rules and policies contained herein, the dispute shall be referred to a sole arbitrator who shall be an independent and neutral third party identified by Company. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language. The place of arbitration shall be Delhi. Your obligations to pay the Payment Fees shall not be suspended during the arbitration proceedings.
We may also use your contact information to send you marketing messages and offers, which we believe you, will find relevant. If you do not want to receive such messages or offers, you may opt out by following the instructions in the message or by requesting for opting out on your dashboard. If you correspond with us by email, we may retain the content of your email messages, your email address and our responses.
