These Terms of Use (“Terms”) apply to a users’ (“User/Your”) access to, and use of, the Website [www.adarshhamilton.com] or any other website with the “Adarsh” branding, as. operated by Adarsh Realty & Hotels Pvt. Ltd., and its subsidiaries, licensees, and affiliated companies (collectively, “Adarsh/We”).
As a condition of using the Website and the services provided therein (“Services”), you agree to be bound by these Terms. By using or accessing the Website and/or the Services, you agree to these Terms, as may be updated from time to time. If you do not agree to these Terms, kindly do not use this Website. Because these Terms are a legal contract between you and Adarsh Hamilton, it is important that you review the Terms carefully before accessing or using the Website. These Terms are not intended to alter in any way or limit the terms or conditions of any other agreement that you may have with Adarsh Hamilton, including without limitation the privacy policy (“Privacy Policy”).
1.USER ACCOUNT
1.1. In order to use the Website, you are required to provide various information about yourself including your name, email address and other personal information. You agree that any information you provide to Adarsh Hamilton on the Website will always be accurate, correct and up to date. You shall not impersonate someone else or provide account information, an email address or any other information that is not your own.
2. OWNERSHIP OF THE WEBSITE
2.1. The Website contains content owned or licensed by Adarsh Hamilton (“Adarsh Content”). Adarsh Hamilton owns and retains all rights in the Adarsh Content. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Adarsh Hamilton Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Adarsh Hamilton Content.
2.2. The Adarsh Hamilton name and logo are trademarks of Adarsh Hamilton, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Adarsh, except with prior consent. In addition, all custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Adarsh Hamilton, and may not be copied, imitated or used, in whole or in part, without prior written permission from Adarsh Hamilton.
3. USE OF THE WEBSITE AND CONDUCT
3.1. Use of the Website
3.1.1. You may use the Website for lawful purposes only. You shall not post or transmit through the Website any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libellous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
3.1.2. You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Website in any medium; (ii) transmitting spam, chain letters, or other unsolicited email; (iii) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Website; (iv) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (v) uploading invalid data, viruses, worms, or other software agents through the Website; (iv) collecting or harvesting any personally identifiable information, including account names, from the Website; (vii) using the Website for any commercial purposes without having all necessary rights and licenses to the User Content; (viii) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (ix) interfering with the proper working of the Website; (x) accessing any content on the Website through any technology or means other than those capabilities provided by the Website; or (xi) bypassing the measures we may use to prevent or restrict access to the Website, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Website or the content therein.
3.2. User Content Guidelines:
3.2.1. You are solely responsible for your conduct and any data, text, files, information, images, photos, links and other content or materials that you submit, post or display on or via the Website. Adarsh Hamilton shall have no liability for conduct in relation to your use of our Website. Violations of these Terms may result in legal consequences prescribed by the applicable laws.
3.2.2. The Website provides Users the facility to create, share and post content such as profile information, photographs, images and other material used to create a content or material (together, “User Content”). Adarsh Hamilton claims no ownership rights over User Content created by you. Adarsh Hamilton has the right (but not the obligation) in its sole discretion to remove any User Content that is stored via the Website.
3.2.3. Adarsh Hamilton takes no responsibility and assumes no liability for any User Content that you or any other User or third party creates, stores, shares, posts or sends through the Website. You shall be solely responsible for your User Content and the consequences of posting, publishing it, or sharing it and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. If your Content violates these Terms, you may bear legal responsibility for that content.
3.2.4. You agree not to post, store, transmit, create or share any User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that may deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libellous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); or (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships. You agree that any User Content that you create, store, or share does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. Adarsh Hamilton reserves the right, but is not obligated, to reject and/or remove any User Content that Adarsh Hamilton believes, in its sole discretion, violates these provisions. For the purposes of these Terms, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all Website therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
3.2.5. In connection with your User Content, you affirm, represent and warrant the following:
a. Your User Content and your use thereof as contemplated by these Terms and the Website will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights or privacy rights.
b. To the extent that you use the Website for any commercial purpose and your User Content contains any copyrighted material that is not your original work or in which you do not otherwise own the copyright, you have obtained all rights, licenses, consents, and permissions necessary in order to use that copyrighted material in connection with the creation and/or dissemination of that User Content using the Website.
c. Adarsh Hamilton may exercise the rights to your User Content granted under these Terms without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
d. Adarsh Hamilton takes no responsibility and assumes no liability for any User Content that you or any other User or third party creates, stores, shares, posts, sends or otherwise makes available through the Website, whether directly or indirectly. You shall be solely responsible for your User Content and the consequences of posting, publishing it, or sharing it and you agree that Adarsh Hamilton is only acting a passive conduit for the distribution and publication of your User Content. If your Content violates these Terms, you may bear legal responsibility for that content.
4. RIGHTS TO USER CONTENT
4.1. If you share your User Content with Adarsh Hamilton or link your User Content to Adarsh Hamilton on a third party service, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to Adarsh Hamilton a royalty-free, sub licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Website and Adarsh Hamilton’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of our Website (and derivative works thereof) in any media formats and through any media channels.
5. PRIVACY AND SECURITY
5.1. You understand that by using the Website you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy, and to have your personally identifiable information collected, used, processed and transferred to such service providers or affiliates as detailed there under.
5.2. You understand that Adarsh Hamilton cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
6.RESERVATIONS, CANCELLATIONS, REFUNDS, RESCHEDULING
6.1. Reservations:
Reservations at Adarsh Hamilton, or any other ‘Adarsh’ properties (“Hotel”) may be made on the Website, and full payment must be made at the time of booking. We accept payment by way of credit/debit cards or online bank transfers. Please note that a standard payment processing fee may be levied upon your reservation.
Upon successful completion of the reservation, a confirmation will be sent to the email address provided. You are required to produce your booking confirmation(s) upon check-in at the Hotel, together with your original valid photo identification document. If you do not receive your confirmation(s) within twenty-four (24) hours from the time of booking, please contact us via email (reservation@adarshhamilton.com).
Please note that the reservation must be made in the name of the person staying at the Hotel, failing which, we reserve the right to cancel such reservation.
6.2. Cancellation: In case of cancellations, Users shall be bound by the cancellation and refund policy. Users may additionally be subject to a cancellation fee by Adarsh Hamilton based upon the time-frame during which such cancellation is made.
6.3.Refund: In case of cancellations, Users shall be bound by the cancellation and refund policy. All refunds made shall reflect cancellation charges of Adarsh Hamilton (if any). All amount shall be in local currency and fluctuations in exchange rates shall be borne by the User.
7. EXCEPTIONS AND LIMITATIONS
7.1. Adarsh Hamilton does not make any representation or warranty as to the quality or value of the services offered on the Website. Adarsh Hamilton does not implicitly or explicitly support or endorse any services on the Website. Adarsh Hamilton accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
7.2. You acknowledge that there will be occasions, where the Website may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.
7.3. You agree that Adarsh Hamilton is not responsible for, and does not endorse, User Content posted within the Website. Adarsh does not have any obligation to pre-screen, monitor, edit, or remove any User Content. If your User Content violates these Terms, you shall be solely responsible for any legal consequences with respect to such User Content.
7.4.Adarsh Hamilton reserves the right to remove any User Content from the Website for any reason, without prior notice. User Content removed from the Website may continue to be stored by Adarsh Hamilton, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Adarsh Hamilton will not be liable to you for any modification, suspension, or discontinuation of the Website, or the loss of any User Content.
7.5. We may, without prior notice, change the Website, stop providing the Website or features of the Website, to you or to Users generally, or create usage limits for the Website. We may permanently or temporarily terminate or suspend your access to the Website, or delete any User Content without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms, or for no reason. Upon termination for any reason or no reason, you continue to be bound by these Terms.
7.6. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE WEBSITE, THE SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SITE.
8. THIRD-PARTY WEBSITES
8.1. You acknowledge that you may have made a reservation via a third-party website or aggregator, and while Adarsh Hamilton strives to honour all reservations, in certain cases, it may not be possible to do so.
8.2. You understand that Adarsh Hamilton imposes terms and conditions on third-party websites and aggregators, and any violation of any such conditions by the third-party may result: in cancellation of your reservation(s) and/or in your forfeiting any monies paid for such reservation(s) or purchase(s).
8.3. YOU AGREE THAT ADARSH IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH THIRD PARTY OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING FROM THE USE OF SUCH SUPPLIERS TO THE FULLEST EXTENT PERMITTED BY LAW. ADARSH HAS NO LIABILITY AND WILL NOT MAKE REFUNDS FOR ANY DELAY, CANCELLATION, OVERBOOKING OR OTHER CAUSES BEYOND ADARSH'S DIRECT CONTROL, AND ADARSH HAS NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSES RESULTING THEREFROM.
9. WARRANTY
9.1. THE WEBSITE IS PROVIDED ON AN “AS IS” BASIS, AND USE OF THE WEBSITE IS AT THE USER’S RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ADARSH OR THROUGH THE WEBSITE WILL NOT CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, ADARSH, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT FOUND ON THE WEBSITE IS ACCURATE, RELIABLE OR CORRECT; THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS; THAT THE WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE WEBSITE.
ADARSH DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND ADARSH WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
10. TERMINATION
10.1. Adarsh Hamilton may terminate/modify these Terms for any reason at any time. Adarsh Hamilton reserves the right, in its sole discretion, to restrict, suspend, or terminate your access to and use of the Website, with or without prior notice. Otherwise modification sections of the Terms shall survive termination. In addition to any termination rights, we reserve the right to enforce and prosecute any violations of these Terms.
11. INDEMNIFICATION
11.1. You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms, or any use by you of the Website. You shall provide us with such assistance, without charge, as we may request in connection with any such defence, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defence without our prior written consent.
12.LIMITATION OF LIABILITY
12.1. IN NO EVENT WILL ADARSH OR ITS AFFILIATES OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE WEBSITE OR ANY LINKED SITES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE. THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF ADARSHHAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.IN NO EVENT WILL ADARSH’S LIABILITY EXCEED THE AMOUNT PAID BY YOU FOR THE RELEVANT PRODUCT OR SERVICE.
13.GOVERNING LAW
13.1. This Agreement shall be governed by the laws of India, and the courts of Bangalore shall have exclusive jurisdiction with respect to any dispute arising hereunder.
14. MISCELLANEOUS PROVISIONS
14.1. Survival: In the event of termination or expiration of these Terms for any reason, any provisions of these Terms that by their nature should survive termination of these Terms will survive termination of these Terms, unless contrary to the pertinent provisions herein stated.
14.2.Severability: If any term or provision in these Terms is held to be either illegal or unenforceable, in whole or in part, under any enactment or rule of law, such term or provision or part shall to that extent be deemed not to form part of these Terms, but the validity and enforceability of the remainder of these Terms shall not be affected.
14.3. Unenforceability: If any provision of these Terms or any word, phrase, clause, sentence, or other portion thereof should be held to be unenforceable or invalid for any reason, then provided that the essential consideration for entering into these Terms on the part of any Party is not unreasonably impaired, such provision or portion thereof shall be modified or deleted in such manner as to render these Terms as modified legal and enforceable to the maximum extent permitted under applicable laws.
14.4. No Waiver: No delay or omission by either Party hereto to exercise any right or power occurring upon any noncompliance or default by the other party with respect to any of the terms of these Terms shall impair any such right or power or be construed to be a waiver thereof. The terms and conditions of these Terms may be waived or amended only in writing or mutual agreement of the Parties. A waiver by either of the Parties hereto of any of the covenants, conditions, or agreements to be performed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition, or agreement herein contained (whether or not the provision is similar).
14.5. Notices:
Any notice required or permitted to be given to Adarsh Hamilton hereunder shall be in writing and sent or transmitted by (i) registered or certified mail; (ii) hand-delivery; (iii) email; or (iv) internationally recognized courier service, provided its receipt is acknowledged and, dispatched or sent or transmitted to the address specified Adarsh Hamilton. All notice required to be given under these Terms shall be addressed to: General Manager (email: gm@adarshhamilton.com).
We may change the Terms or modify any features of the Website at any time at our sole discretion. The most current version of the Terms can be viewed by clicking on the “Terms and Conditions”. If you continue to use the Website after changes are posted you will be deemed to have accepted the change.