Kavya Himalayas, NAGARKOT

Terms and Conditions

TERMS OF USE:

1. This website is operated by Kavya Himalayas. References to 'we', 'us', and 'our' throughout this site pertain to Kavya Himalayas.
2. Your access and use of this website are governed by these terms and conditions (the 'Terms'), which may be updated occasionally.
3. The Terms, along with any additional terms, conditions, or disclaimers located on the website, must be read in conjunction by you.
4. The Terms are applicable to all users of our website, including browsers, customers, vendors, and content contributors.
5. By using this website, you acknowledge and accept the Terms and our Privacy Policy.
6. If you do not agree to the Terms or the Privacy Policy, please refrain from accessing or using our services or website.

ACCEPTANCE OF TERMS:

• Website: Our website provides access to information regarding hotels and resorts owned or managed by Kavya Himalayas, a publicly listed company incorporated in India under the Company's Act 1956, along with its subsidiaries, controlled entities, affiliates, and related parties, hereinafter referred to as ‘Kavya Resort & Spa’.
• Trade Marks: The website features trademarks, service marks, and devices (including the term ‘Kavya Resort & Spa’), as well as other valuable trade or service marks owned by Kavya Himalayas or licensed to it. These intellectual property assets are safeguarded by national and international laws against copying and imitation and may not be replicated or copied without prior written consent from Kavya Himalayas.

• in whole or in part as your own trade marks;
• in connection with activities, products, or services not undertaken or provided by Kavya Himalayas;
• in a manner that may cause confusion, mislead, or deceive; or
• in a manner that disparages Kavya Himalayas, its information, products, or services (including this Website).

COPYRIGHT:

• The information, text, graphics, images, sounds, links, and all other content and software published or contained on the Website ("Information") are either exclusively owned by Kavya Himalayas or licensed by it. Except as explicitly provided in these conditions, the Information may not be copied, distributed, displayed, reproduced, or transmitted in any form or by any means, whether electronic, mechanical, photocopying, recording, or otherwise, without prior written approval from Kavya Himalayas.
• You may not, without such approval from Kavya Himalayas, create derivative works from any part of the Website or commercialise any Information, products, or services obtained from any part of the Website. Information procured from a third party may be subject to copyright owned by that third party.

WEBSITE USE:

1. By using our website, you agree to do so for legitimate purposes and not for any illegal or unauthorised purpose, including violations of intellectual property or privacy laws. By agreeing to the Terms, you confirm that you are of legal age to enter into a binding contract in your country or state of residence.
2. You agree not to use our website for any activity that would constitute a civil or criminal offence or violate any law. You also agree not to attempt to interfere with our website’s network or security features or to gain unauthorised access to our systems.
3. You are required to provide accurate personal information, such as your email address, mailing address, and other contact details, to complete your order or reservation as necessary. You also agree to promptly update your account and information. By providing this information, you authorise us to collect and use it to contact you in accordance with our Privacy Policy.

GENERAL CONDITIONS:

1. We reserve the right to refuse service to anyone, at any time, for any reason. We also reserve the right to modify the website, including terminating, changing, suspending, or discontinuing any aspect of it at any time, without notice. Additional rules or limits on the use of our website may be imposed, and you agree to review the Terms regularly. Your continued access or use of our website indicates your agreement to any changes made.
2. We are not liable to you or any third party for any modification, suspension, or discontinuance of our website or for any service, content, feature, product, or reservation offered through it.

PRODUCTS AND SERVICES:

1. All purchases through our website are subject to product/room availability. We may, at our discretion, limit or cancel the quantities/inventory offered on our website or limit the sales of our products/reservations or services to any person, household, geographic region, or jurisdiction.
2. Prices for our products/reservations are subject to change without notice. Unless otherwise indicated, prices displayed on our website are quoted in Indian Rupees.
3. We reserve the right, in our sole discretion, to refuse orders/reservations, including those that appear to be placed by distributors or resellers. If we suspect false or fraudulent orders/reservations, we may cancel them and inform the relevant authorities.
4. We do not guarantee the accuracy of the colour, design, or quality standards of the rooms/products/services on our website. Efforts have been made to maintain these standards as accurately as possible.

LINKS TO THIRD-PARTY WEBSITES:

1. Links from or to websites outside our website are provided for convenience only.
2. We do not review, endorse, approve, or control these sites or their content, and we are not responsible for them. Linking to any other site is at your own risk, and we will not be liable for any damages associated with it.

USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS:

1. You are responsible for the content you post, distribute, or share on or through our website. You acknowledge and accept full responsibility for this content, including its legality and its intellectual property ownership.
2. Content submitted by you may be edited, adapted, modified, recreated, published, or distributed by us. We are not obligated to maintain any content in confidence, to pay compensation for it, or to respond to it.
3. You agree not to post, distribute, or share any copyrighted, trademarked, or patented content without the owner's express consent. Your content must not be unlawful, abusive, obscene, or contain malware. You are solely liable for your content, and we assume no responsibility for it.
4. We reserve the right to terminate your ability to post on our website and to remove or delete any objectionable content.

YOUR PERSONAL INFORMATION:

• Refer to our Privacy Policy for information on how we collect, use, and share your personal information.

ERRORS AND OMISSIONS:

1. Our website may contain typographical errors or inaccuracies.
2. We reserve the right to correct them and to change or update information at any time, without prior notice.
3. Such errors or omissions may relate to product descriptions, pricing, promotions, and availability.

DISCLAIMER AND LIMITATION OF LIABILITY:

1. You assume all responsibility and risk associated with using our website, which is provided "as is" without warranties or conditions of any kind, either express or implied. We do not warrant that our website will be timely, secure, uninterrupted, or error-free, or that defects will be corrected. Your use of our website is at your sole risk, and we will not be liable for any damages related to it.
2. In no event will we, or our affiliates, directors, officers, agents, contractors, or employees be liable to you for any direct, indirect, special, incidental, consequential, exemplary, or punitive damages, or any other type of damage, arising from your use of our website, even if we are advised of the possibility of such damages.
3. Certain jurisdictions may not allow limitation of liability or exclusion of certain damages. In such cases, some or all of the disclaimers, exclusions, or limitations may not apply, and our liability will be limited to the maximum extent permitted by law.

INDEMNIFICATION:

• You agree to defend, indemnify, and hold us and our affiliates, directors, officers, agents, contractors, and employees harmless from any losses, liabilities, claims, expenses (including legal fees), arising from your use of our website, your violation of the Terms, or the posting or transmission of any materials by you on or through the website.

ENTIRE AGREEMENT:

• The Terms, along with any documents expressly referred to in them, constitute the entire agreement between you and us and supersede any prior agreement, understanding, or arrangement, whether oral or written.

WAIVER:

• Our failure to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. No waiver by us of any default will constitute a waiver of any subsequent default, and no waiver by us is effective unless communicated to you in writing.

HEADINGS:

• Headings and titles are for convenience only.

SEVERABILITY:

• If any provision of the Terms is determined to be invalid, unlawful, or unenforceable by any competent authority, the remaining provisions will remain valid and enforceable to the fullest extent permitted by law.

GOVERNING LAW:

• Any disputes relating to the Terms, Privacy Policy, use of our website, or our products or services will be resolved in accordance with the laws of INDIA. Any disputes, actions, or proceedings must be brought before the courts of Bangalore, Karnataka State, India, and you consent to the exclusive jurisdiction and venue of such courts.

QUESTIONS/CONCERNS:

• For any questions, comments, or feedback, please contact us.

HOTEL RESERVATIONS:

1. The reservations feature of the Website is provided solely to assist customers in determining the availability of travel-related services and products and to make legitimate reservations and for no other purpose.
2. You warrant that you are at least 18 years of age, possess the legal authority to enter into the legal agreement constituted by your acceptance of these Conditions, and to use the Website accordingly. You agree to be financially responsible for your use of the Website, including all reservations made on your account, whether authorised by you or not.
3. The Website contains details of hotel charges and room rates for hotels and resorts owned or managed by Kavya Himalayas.
4. Hotel reservation terms and conditions of booking are set out on the Website, and payment will be in accordance with the procedure set out in such terms and conditions.
5. No contract will subsist between you and Kavya Himalayas unless and until Kavya Himalayas accepts your order by email or automated confirmation through the Website confirming that it has accepted your reservation, booking, or order. Any such contract shall be deemed to incorporate the hotel reservation terms and conditions of booking. Any other relevant terms and conditions relating to particular services or products are set out on the Website.
6. You undertake that all details you provide in connection with any services or products offered by Kavya Himalayas on the Website (including hotel room reservations) will be correct and, where applicable, the credit card used is your own and that there are sufficient funds to cover the cost. Kavya Himalayas reserves the right to validate your credit card details before providing any services or products.
7. Product prices listed on the website are current, but errors in data entry and updating may occur. Kavya Himalayas reserves the right to cancel orders/reservations if a transaction has been made where the price indicated was incorrect. In such cases, a full refund will be provided.

SECURITY & NON-CONFIDENTIALITY:

1. Electronic transmissions, including those over the Internet, are public media, and any use of such media is public, not private.
2. Information transmitted is either public or the property of those collecting it and not personal or private information.

TERMINATION OF ACCESS:

1. Your license to use the website will terminate immediately if you breach any of these conditions, or access to the website may be terminated at any time by Kavya Himalayas without notice.
2. The provisions excluding, limiting, and disclaiming liability will survive any termination.

GENERAL:

1. Kavya Himalayas does not accept liability for any failure to comply with these Conditions due to circumstances beyond its reasonable control.
2. Any waiver by Kavya Himalayas of any rights available to it under these Conditions on one occasion does not automatically mean that those rights will be waived on any other occasion.
3. If any of these Conditions are invalid, unenforceable, or illegal, the remaining Conditions shall continue in full force.
4. You are responsible for all charges, fees, duties, taxes, and assessments arising from your use of the Website.