Terms & Conditions
GRTEXP HOSPITALITY PRIVATE LIMITED [CIN: U55101HR2023PTC114592], a company registered in India,
under the provisions of the Companies Act, 1956 [‘NHRPL’] is the sole owner of the domain name
the experience resort.com and its associated website www.theexperienceresort.com [‘Web-Site’].
NHRPL is engaged in the business of operating, managing, administering and running a Luxury
Resort under the name and style of ‘The Experience Resort, Udaipur and enables its ‘User/s’
[Referred to as ‘User’/ ‘You’/ ‘Your’/ ‘Yourself’] to enquire/ book/ reserve/ avail
accommodations/ rooms/ suites in the ‘The Experience Resort, Udaipur and to enquire/ book/
reserve/ avail other facilities and services provided in the ‘The Experience Resort, Udaipur,
including but not limited to 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’,
NHRPL shall provide you access to the ‘Web-Site’ so as to enquire/ book/ reserve/ avail the
‘Said Service/s’ [and/or] enquire about any deals/ discount offers/ discount coupons/ redemption
schemes in relation to the ‘Said Service/s’ [and/or] enquire about any news and events about the
‘Said Service/s’ and/or the ‘Said Resort’. However, NHRPL at any time and at its sole
discretion, reserves 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 set forth 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
and 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‘. NHRPL 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 NHRPL database and the value added applications that access the information to
provide you 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 accounts@the experience resort.com.
The terms NHRPL 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 any of the ‘Said Service/s’.
- b. If your age is below that of 18 [Eighteen] years, only your parents or legal guardians
can avail the ‘Said Service/s’ on behalf of you. NHRPL reserves the right to refuse you
access to the ‘Web-Site’, if NHRPL 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 NHRPL does not discriminate on the basis of age, gender, race, religion, caste, class,
lifestyle preference or nationality.
- e In order to access certain features of the ‘Web-Site’ and to avail 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. NHRPL allows one registration per legitimate electronic mail address;
ii. NHRPL 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 NHRPL of any unauthorized use of your account;
vi. NHRPL 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. NHRPL 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. NHRPL currently disseminates information about the ‘Said Resort’ and the ‘Said Service/s’
to its ‘User/s’ through the ‘Web-Site’ and NHRPL may at its sole discretion, cease providing
information over the same [or] may provide information over other platforms [or] may modify
the manner in which 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 NHRPL to share your
details and contact information for business and promotional purposes and have further given
your consent to NHRPL to contact you for any promotional activities of NHRPL and/or the
‘Said Resort’.
- c. NHRPL shall protect the information provided by you in accordance with 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 NHRPL and/or contents that may
be owned or controlled by third parties, in-turn being licensed and/or provided to NHRPL for
providing the ‘Said Service/s’.
- b Unless otherwise specified by NHRPL, 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
NHRPL herein.
Fraudulent Use:
NHRPL reserves the right to recover costs, charges, damages, penalties and attorney fee from
persons using the ‘Web-Site’ fraudulently. Furthermore NHRPL 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:
NHRPL reserves the right to recover costs, charges, damages, penalties and attorney fee from
persons using the ‘Web-Site’ fraudulently. Furthermore NHRPL 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’.
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 Experience Resort, Jada Ganesh Ji Chowk, Near Chandpole-Udaipur,
Rajasthan-313001
- 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 with respect to the ‘Said
Service/s’. No Bookings/ Reservations shall be treated as confirmed until a Booking/
Reservation Confirmation E-mail is received by you from NHRPL, 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 Resort’ and/or availing the ‘Said Service/s’, otherwise NHRPL reserve/s the right
to cancel your booking/ reservation.
- d. While NHRPL strives to provide accurate service and pricing information, pricing or
typographical errors may occur. In the event that the ‘Said Service/s’ is/are listed at an
incorrect price or with incorrect information due to an error in pricing or service
information, NHRPL 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 mis-quoted, NHRPL may, at its
discretion, either contact you for seeking further instructions [or] cancel your booking/
reservation, as the case maybe.
- 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 NHRPL at the
time of booking/ reservation [or] at the time of check-in or check-out, as may be determined
by NHRPL.
- 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 NHRPL on or before
the notified due date;
iii. Any details relating to your booking/ reservation is changed, like your dates of stay,
your accommodation type, addition of extra services, number of persons going to stay under
the booking/ reservation, etc.
- h. In case of any change in price of the ‘Said Service/s’:
-
i. for reasons pertaining to [Clause 6(g)(i)] hereinabove, you may either pay the revised
price with respect to the booking made [or] cancel your booking and receive a full refund
from NHRPL;
ii. for reasons pertaining to [Clause 6(g)(ii)] and [Clause 6(g)(iii)] hereinabove, you may
either pay the revised price with respect to the booking made [or] you shall be entitled to
cancel your booking and receive a partial refund from NHRPL, as per the ‘Cancellation &
-
Policy’ of NHRPL.
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.]. NHRPL 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 NHRPL in relation to
physical bookings/ reservations at the ‘Said Resort’ [or] bookings/ reservations by
contacting the Booking/ Reservation Desk of the ‘Said Resort’, bill payments by you to NHRPL
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’]
in relation to online advance bookings/ reservations of the ‘Said Service/s’.
- b. The ‘Payment Gateway’ service is provided to facilitate online advance 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 advance bookings/ reservations of the ‘Said Service/s’, which may vary in accordance
with the policies of the ‘Payment Gateway Service Providers’.
- d. In case of payments made through the ‘Payment Gateway’, NHRPL shall promptly upon receipt
of payment, notify you by E-mail that your payment has been processed.
- e. If NHRPL 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 maybe.
- f. Furthermore, you expressly agree, understand and acknowledge that
-
i. NHRPL 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. NHRPL has made the ‘Payment Gateway’ service available to you as a matter of
convenience. NHRPL 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 NHRPL reserves the right to terminate your rights to
use the ‘Payment Gateway’ service at any time;
iii. In no way shall NHRPL, 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. NHRPL 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 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 NHRPL and its respective officers, directors,
agents and employees, from any claim or demand [or] actions in relation to your use of the
‘Payment Gateway’ provided on this ‘Web-Site’;
vi. Your personal 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 NHRPL has no control over such matters.
Although all reasonable care has been taken by NHRPL to guard against unauthorized use of
any information transmitted by you, NHRPL 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. NHRPL, the ‘Payment Gateway Service Providers’ or its/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 NHRPL to provide NHRPL 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, so as 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 NHRPL 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. NHRPL agrees, undertakes and confirms that the said Credit/ Debit Card/ Bank Account
details provided by you herein, shall not be utilized and shared by NHRPL 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. In relation to booking/ reserving accommodations/ rooms/ suites in the ‘Said Resort ’:
- i. The standard Check-in Time is 14:00 Hours [‘Check-in Time’] on the scheduled day of your
arrival to the ‘Said Resort ’. If you arrive before 14:00 Hours, the reserved
accommodations/ rooms/ suites in the ‘Said Resort ’ 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 Resort ’. 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 NHRPL,
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 Resort ’, 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 NHRPL 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 Resort ’ 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
NHRPL 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 NHRPL will be
entitled to re-let such accommodation/ room/ suite, unless you have notified NHRPL of your
late arrival.
- d. At the time of Check-in, NHRPL 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 Resort ’ will calculate the incidentals charged to your
accommodation/ room/ suite on a daily basis. If the cost of those incidentals, exceed 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 Resort ’. 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 Resort ’, 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. NHRPL reserves the right to impose ‘Cancellation Charges’ if you cancel your booking/
reservation of the accommodation/ room/ suite in the ‘Said Resort ’. The time period and
charges for cancellation, are as follows: Time Period Cancellation Charges
Cancellations made 15 [Fifteen] or more days prior to the scheduled date of arrival in the
‘Said Resort ’ 10% [Ten Percent] of the Booking/ Reservation Amount Cancellations made
between 03 [Three] to 14 [Fourteen] days prior to the scheduled date of arrival in the ‘Said
Resort ’ 50% [Fifty Percent] of the Booking/ Reservation Amount Cancellations made less than
02 [Two] days prior to the scheduled date of arrival in the ‘Said Resort ’ 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 labeled 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 Resort ’, 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, NHRPL will instruct the refund
right away. The processing of refund may take between 02 [Two] to 04 [Four] Weeks until the
whole amount to which you are entitled to, 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 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 if a booking/ reservation that you make is not confirmed, NHRPL will not charge
you anything on your Credit/ Debit Card/ Bank Account and release the whole amount that was
held with NHRPL 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 with regard to your conduct and respect
for the property of ‘Said Resort ’, 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 Resort ’ [or] cause offence to other guests or our employees and staff.
- c. We reserve the right to refuse the ‘Said Service/s’ or remove you from the ‘Said Resort ’
if, in our reasonable opinion, we consider your behavior and conduct inappropriate. In such
a case, NHRPL 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 NHRPL.
- 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 Resort ’ may host weddings,
conferences, events and parties, which you may feel would be an intrusion on your stay at the
‘Said Resort ’. Please contact NHRPL in advance before booking/ reserving the ‘Said Service/s’
at the ‘Said Resort ’ for information on any upcoming weddings, conferences, events or parties
planned at the ‘Said Resort ’.
14. Special Requests:
Whilst NHRPL attempts to satisfy all special requests, NHRPL does not guarantee that special
requests can be accommodated.
15. Third Party Products & Services:
- a. Third party products or services are sometimes offered together along with the booking/
reservation of the ‘Said Service/s’ by NHRPL. In such circumstances, the third party is
entirely responsible for supplying the products or services to you and any involvement NHRPL
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 NHRPL be presumed as a
supplier of such products and services and to the extent permitted by law, NHRPL 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. NHRPL 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 Resort ’ 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 Resort
’.
b. NHRPL has made the ‘Valet’ service available to you as a matter of convenience. NHRPL
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
NHRPL 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. NHRPL
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 NHRPL, you may not bring the following into the ‘Said
Resort ’:
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. NHRPL 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 Resort ’ or to any guests or third party as a result of your
failure to comply with the restrictions, as stated in the preceding sub-clause.
c. NHRPL further reserves the right to ask you to leave the ‘Said Resort ’ and remove your
belongings from the accommodation/ room/ suite immediately, if NHRPL, 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 Resort ’ [and/or] to other guests or
our employees/ staff [and/or] to the reputation of NHRPL, without any refund or compensation
to you.
d. NHRPL is committed to providing a smoke-free environment in all accommodations/ rooms/
suits as well as the entire ‘Said Resort ’. Smoking is prohibited in the ‘Said Resort ’
including but not limited to accommodations/ rooms/ suites, except for any restricted
smoking area/s designated by NHRPL.
18. Damage:
You shall be liable for any damages caused by you to the allocated accommodation/ room/ suite
and/or to the ‘Said Resort ’ during your stay at the ‘Said Resort ’ and/or during the course of
availing any of the ‘Said Service/s’. NHRPL reserves the right to retain your original Valid
Photo Identification Proof submitted by you to the ‘Said Resort ’ 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 NHRPL as a
result of the damages. The decision of NHRPL as to the quantum of damage shall be final and
binding on you.
19. Right to Refuse Accommodation:
-
a. NHRPL 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 Resort ’ or the booking/ reservation has been tampered with or the booking/
reservation confirmation has been defaced [in which case NHRPL 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, NHRPL reserves the right to refuse accommodation/ room/ suite to you and/or
cancel your booking/ reservation for the sake of convenience, provided NHRPL notifies you,
at-least 15 [Fifteen] Days prior to 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. NHRPL 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 NHRPL’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 NHRPL. Any use of this ‘Web-site’ 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 NHRPL. 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 NHRPL 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 NHRPL of such third party and/or such third party information, product/s
or service/s.
d. NHRPL 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 ‘NHRPL Contents’] are intended solely
for personal and non-commercial use. You may download or copy the ‘NHRPL 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 ‘NHRPL
Contents’, this ‘Web-Site’ or any related software. All software used on this ‘Web-Site’ is
the sole and exclusive property of NHRPL and protected by Indian and international
Intellectual Property Laws. The ‘NHRPL 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
‘NHRPL Contents’ is strictly prohibited. Unless otherwise noted, all ‘NHRPL Contents’ are
copyrights, trademarks, designs, trade dress and/or other intellectual property owned,
controlled or licensed by NHRPL [or] any one of its affiliates [or] by third parties who
have licensed or provided their materials to NHRPL and are protected by Indian and
International Intellectual Property Laws. The compilation [meaning the collection,
arrangement and assembly] of all ‘NHRPL Contents’ on this ‘Web-Site’ is the exclusive
property of NHRPL 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 NHRPL at ________@the experience resort.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 NHRPL
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 NHRPL, you are
communicating with NHRPL electronically and you consent to receive communications from NHRPL
electronically. NHRPL 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. NHRPL 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. NHRPL 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 NHRPL;
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 NHRPL 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 NHRPL, 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, defense, 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
‘NHRPL Content’;
ii. transmitting any information on or through the ‘Web-Site’ that is disruptive or
competitive to the provision of services by NHRPL;
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 ‘NHRPL Content’ or other information available
on the ‘Web-Site’;
viii. framing or hot-linking or deep-linking the ‘Web-Site’ or any ‘NHRPL Content’.
23. General Terms:
- a. You understand and agree that the ‘Said Service/s’ provided from time to time by NHRPL on
this ‘Web-Site’ are provided for your convenience and benefit.
b. Unless expressly provided otherwise by NHRPL, all information or materials submitted by
you to NHRPL through or in association with the ‘Web-Site’ shall be considered
non-confidential and the property of NHRPL. By submitting such information or materials to
NHRPL, you agree, at no cost or fee, to assign to NHRPL of all worldwide rights, title and
interest in copyrights and other intellectual property rights to such information or
materials.
c. You grant NHRPL 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 accuracy of data and for maintaining records as
external means to this ‘Web-Site’ for the reconstruction of lost data.
e. NHRPL 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 NHRPL. The sole purpose of these ‘Terms
& Conditions of Use’ and ‘Privacy Policy’, is to avoid potential misunderstandings or
disputes when NHRPL services or marketing strategies might seem similar to ideas submitted
to NHRPL by you. In furtherance to the same, please do not send your unsolicited ideas to
NHRPL or anyone at NHRPL. If, despite our request to you for not sending us any of your
ideas and materials, you still send them, please understand that NHRPL 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 NHRPL as such.
b. You agree to use the ‘Web-Site’ and/or the ‘Said Service/s’, at your sole risk and that
to the fullest extent permitted under applicable laws, wherein NHRPL 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 NHRPL if you come across any content/s that is/are offensive or
violate these ‘Terms & Conditions of Use’ or infringes any intellectual property rights so
as to enable NHRPL to keep the ‘Web-Site’ working efficiently and in a safe manner. NHRPL
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 NHRPL at accounts@the experience resort.com.
25. Reviews; Feedback Submissions:
-
a. All reviews, comments, feedback, postcards, suggestions, ideas and other submissions
disclosed, submitted or offered to NHRPL 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 NHRPL. Such disclosure,
submission or offer of any ‘Comments’ shall constitute an assignment to NHRPL of all
worldwide rights, titles and interests in all copyrights and other intellectual properties
in the ‘Comments’. Thus, NHRPL 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’.
NHRPL 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. NHRPL 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. NHRPL 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 NHRPL 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 NHRPL and
its affiliates for all claims resulting from any ‘Comments’ submitted by you on the
‘Web-Site’. NHRPL 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, controversy arising between NHRPL 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 Udaipur 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 being 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. NHRPL [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 NHRPL and NHRPL shall not be liable for any representation, act or omission on
your part.
c. NHRPL does not preview what people say on community forums and blogs, but, if NHRPL finds
that you are using such forums in ways that do not support original purpose of NHRPL, NHRPL
will prevent you from using the ‘Said Service/s’ and/or the ‘Web-Site’ generally. NHRPL
regards the items listed herein as the guidelines for your behavior while booking/
reserving/ availing the ‘Said Service/s’ through the ‘Web-Site’ generally.
d. While philosophy of NHRPL will not change, the details herein may change over a period of
time as NHRPL may add additional services and form relationships with new business channel
partners. In case NHRPL makes changes to these ‘Terms & Conditions of Use’ mentioned herein
and/or its ‘Privacy Policy, NHRPL shall update such revisions/ alterations/ modifications on
the ‘Web-Site’.
e. The failure of NHRPL 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 NHRPL. Except as expressly set forth 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 NHRPL 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 NHRPL 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 NHRPL 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 NHRPL is advised of the possibility of such damages.
c. If you are dissatisfied with any of the ‘Said Service/s’ offered by NHRPL or other
contents of this ‘Web-Site’ or with these ‘Terms & Conditions of Use’, your sole and
exclusive remedy for dissatisfaction with NHRPL 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, NHRPL 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, NHRPL disclaims guarantees regarding accurate listing
of information pertaining to the ‘Said Service/s’ offered by NHRPL. You understand that there
may be errors in the information pertaining to the ‘Said Service/s’. Under no circumstances
shall NHRPL 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. NHRPL and its
affiliates/ associates do not make any express or implied warranties, representations or
endorsements whatsoever with respect to 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 NHRPL 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 NHRPL 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. NHRPL has made every effort to display the colors in respect of the ‘Said Service/s’
appearing on the ‘Web-Site’ as accurately as possible. NHRPL does not guarantee that any color
displayed on the ‘Website’ will be accurate.
f. You understand that NHRPL 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, NHRPL 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
NHRPL and its affiliates/ associates, NHRPL cannot guarantee that the Linked Sites will be
available at all times. NHRPL is not responsible for and does not endorse the contents or use of
such Linked Sites, thereby NHRPL 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. NHRPL takes all reasonable steps to
protect your personal information as described throughout these ‘Terms & Conditions of Use’ and
its ‘Privacy Policy’, but NHRPL does not assure or warrant its ability to do so. As a result you
avail the ‘Said Service/s’, at your own risk. NHRPL will not be liable for disclosure of your
personal information due to errors in transmission or unauthorized acts of third parties.
i. NHRPL also does not guarantee continuous or secure access to the ‘Said Service/s’ on the
‘Web-Site’. Accordingly, to the extent legally permitted NHRPL 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 NHRPL 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, labor or material shortage, transportation interruption of any kind or work slowdown or any other condition not reasonably within the control of NHRPL.
31. Availability:
a. NHRPL controls and operates this ‘Web-Site’ from Udaipur, 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 NHRPL publishes on the ‘Web-Site’ may contain references or cross references to NHRPL programs and services that are not announced [or] available in your location. Such references do not imply that NHRPL intends to announce such programs or services in your location.
32. Modification:
NHRPL 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 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.
I admit and agree that I have understood these ‘Terms & Conditions of Use’ and hereby agree to the same.
****This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is published 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 Terms and Conditions of Use for access or usage of the website www.the experience resort.com.