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 Site in accordance with such Conditions. The site is available only to individuals and entities that can form legally binding contracts under applicable law. If you are under the age of eighteen, you may contact the hotel directly for assistance.
The Site and the materials located on or through the Site are provided by us for informational purposes only, with the understanding that we are by the provision of these materials not engaged in the rendering of legal or other professional advice or service. Some of the information and materials contained on this site may be provided by franchisees that retain control over the policies and procedures implemented at their hotel. Commercial use of this site is strictly prohibited unless you obtain prior written consent from The Tamarind, Goa. You may only use this site to make legitimate reservations or purchases. You are responsible for maintaining the secrecy of your passwords, login and account information. You will be financially accountable for all uses of the site by you and anyone using your password and login information. The information contained in or through the Site is based upon sources believed to be accurate and reliable; and we have exercised reasonable care to assure the accuracy of the information. However, we make no representation or warranty as to such accuracy. These materials were prepared for us by personnel of our owned and managed hotels and others. They are made available to franchisees and others as an accommodation only. By providing these materials, we do not intend to exercise any direction, oversight or control over those policies and procedures. We do not guarantee that the Site will operate continuously or without interruption or be error free. In addition, we may also suspend or discontinue any aspect of the Site at any time without being liable for any direct or indirect loss as a result of such action.
PLEASE READ THESE TERMS AND CONDITIONS OF USE (“Terms and Conditions”) CAREFULLY BEFORE USING THIS SITE
Introduction
This site is owned and operated by The Tamarind, Goa, a brand operated by The Tamarind, Goa. By using, accessing, viewing, transmitting, caching, storing or otherwise utilizing any of the services, contents, or functions of this site, you signify your consent to these terms and conditions as set forth herein. The terms and conditions set out below apply to your use of this web site and related web sites (“Site”), including the use of the information services offered on the Site.
In accessing and using the Site, you agree to be bound by these conditions so please carefully read this section before proceeding. If you do not agree to these terms of use, you must refrain from using the Site. These Conditions must be read in conjunction with any other applicable terms and conditions governing the use of the Site. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. All changes will become effective immediately unless otherwise stated and you should check these terms for changes from time to time.
The Site contains references of domain name, trademarks, logos, brand names, service marks, drawings, illustrations, artwork, videos, music, sounds, photographs, trade names, text, graphics, trade dress and devices and other valuable trade or service marks or files found on this site are proprietary to The Tamarind, Goa or its subsidiaries or affiliated companies and/or third party licensors, are protected by the trademark, copyright and intellectual property laws. You may not frame or utilize framing techniques to modify, reproduce, sell, broadcast or copy any way whatsoever or in any form whatsoever, either partially or fully any of our trademarks, logos, or proprietary information without the express prior written consent of The Tamarind, Goa.
All materials contained in the Site are the copyrighted property of The Tamarind, Goa, or its subsidiaries or affiliated companies and/or third party licensors. Any software that is made available to download from this Site is the copyrighted work of The Tamarind, Goa and/or its various third party licensors. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software. You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. No material from the Site or any Internet site owned, operated, licensed, or controlled by us or our affiliates may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. For purposes of these terms, the use of any such material on any other Web, except that you may download one copy of the materials on any single computer for your personal, noncommercial home use only, provided you keep intact all copyright and other proprietary notices.
Any messages, notes, suggestions, ideas, notes, drawings, concepts or other material or information (collectively, the “Submissions”), which you may submit through or in connection with the Site will become the exclusive property of us. Accordingly, you agree that we have the right to publish any Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. In addition, you agree that you will not transmit any Submission which infringes upon the rights of any third party.
We may make information regarding specific programs, offers or promotions, which we are conducting, available on the Sites. Any such program, offer or promotion is subject to the specific terms, conditions and restrictions listed on the Site in connection with such program, offer or promotion. We reserve the right to alter or withdraw any program, offer or promotion at any such time. Each Program, offer and promotion is void where prohibited by law. Please refer to and read carefully the terms, conditions and restrictions included on the Sites in connections with each program, offer or promotion.
We do not review or monitor web sites linked to this site and are not responsible for the content of any such linked web sites. By providing these links, we are not endorsing, sponsoring or recommending such sites or the materials disseminated by or services provided by them, and are not responsible for the materials, services or other situations at or related to or from any other site. Your linking to such web sites is at your own risk. In addition, you agree not to link your web site or any other third party web site to any page of this site other than the brand home page or the specific hotel home page (commonly known
as “deep linking”) without our prior express written consent.
We reserve the right to disable any and all links from third party sites to this site at any time. These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. In addition, advertisers on the Site may send cookies to users that we do not control. We do not make or give any representation or warranty (express or implied) of any kind as to any matter relating to the Site and any Linked Web Site, including without limitation, as to merchantability, non infringement of intellectual property rights or fitness for purpose.
You will not use any robot, spider, other automatic device, or manual process to monitor or copy the Site or the contents or information (including the Information) contained therein without our prior express written consent. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted through the Site.
You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for any Information in which you have an ownership interest) from the Site without our prior express written consent or the appropriate third party. The information (including the Information) you provide to us (i) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; and (ii) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers.
Neither us nor any of our subsidiaries, affiliates, agents, representatives or licensors shall be responsible for any direct, indirect, special, incidental or consequential loss or damage, punitive or similar damages including without limitation, loss or damage by way of loss of profits, loss of business opportunity, business interruption or loss of information however arising and whether in contract, tort or otherwise, which you or anyone else may suffer in connection with or arising out of, however arising and whether in contract, tort or otherwise, which you may suffer in connection with or arising out of your access or use or
your inability to access or use of the Site or any Linked Web Site; or your use of or reliance on information or any other material accessed through the Site including via any Linked Web Site; these Conditions do not purport to exclude liability arising by any applicable law if, and to the extent, such liability cannot be lawfully excluded, however, to the extent permitted by law, all warranties, terms or conditions which would otherwise be implied into these conditions are hereby excluded.
Where applicable law implies any warranty, term or condition, and that law prohibits exclusion or modification of the application of or the liability of The Tamarind, Goa under any such warranty, term or condition, then the liability of The Tamarind, Goa shall include liability for that warranty, term or condition but such liability will be limited for a breach of that warranty, term or condition, if the breach relates to services, the supply of the services again or payment of the cost of having the services supplied again; and if the breach relates to products and the products can be repaired, repair of such products or payment of the costs of having the products repaired, but otherwise, replacement of the products or the supply of equivalent products or payment of the cost of replacing the products or of acquiring equivalent products.
We are not responsible for, and shall have no liability for: (i) telephone, mobile, electronic, network, internet, computer, hardware or software program malfunctions, delays, or failures; (ii) for any injury, loss or damage to your computer or interception or use of credit card information, related to or resulting from use of the site or any sites, services, or materials linked or relating thereto; (iii) any incorrect information, whether caused by other users or by any of the equipment, software, or programming associated with or utilized in the site or as the result of technical or human error which may occur in the processing of information regarding the site.
Electronic transmissions, including the internet, are public media, and any use of such media is public and not private. Information related to or arising from such use is public, or the property of those collecting information, and not personal or private information. You agree that you use the site at your own risk. The content, services and materials in the site are provided "as is" and on an "as available" basis without representations or warranties of any kind express, implied or statutory. We do not make any representations, warranties or endorsements regarding the accuracy, reliability, usefulness or completeness of the services, content or materials in the site or any site linked to it. To the maximum extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, noninfringement, design, accuracy, capability, sufficiency, suitability, capacity, completeness, availability, compatibility or arising from course of dealing or course of performance. We do not warrant that the site or the services, content, materials or functions contained in the site will be continuously available, uninterrupted or error-free, that defects will be corrected, or that the site, services, content, materials or the servers that make the site or such services, content and materials available are free of viruses or other harmful components or are accurate or complete. We do not warrant or make any representations regarding the use or the results of the use of the services, content, materials, functions or products available through the site in terms of their correctness, accuracy, reliability, or otherwise. You assume the entire cost of all necessary servicing, repair, or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. In the event we are held liable for any damages related to such matters, your sole and exclusive remedy will be limited to reimbursement for services or products paid by you to the entity held liable which were not provided by such entity. You hereby waive any and all rights to bring any claim or action related to such matters in any forum beyond one (1) year after the first occurrence of the kind of act, event, condition or omission upon which the claim or action is based.
We explicitly disclaim any responsibility for the accuracy, content, or availability of information found on sites that link to or from the Site. We cannot ensure that you will be satisfied with any products or services that you purchase from the Site or from a third-party site that links to or from the Site or third party content on the Site. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against the Indemnified Parties with respect to such sites and third party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
The Indemnified Parties are not responsible for telephone, electric, electronic, network, Internet,computer, hardware or software program malfunctions, failures, delays or difficulties, or late, lost, stolen, illegible, incomplete, garbled, misdirected, mutilated or postage due mail, e-mail, form postings, connections, messages or entries, or the security of any and all such matters.
Further, the Indemnified Parties are not responsible for incorrect or inaccurate entry information, whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Site or by any technical or human error which may occur in the processing of any information related to the Site.
If for any reason any portion of the Site is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the reasonable control of HWI which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Site, we reserve the right (but not the obligation) in our sole and absolute discretion, to prohibit you and any member, buyer or supplier (and all of your and their Information) from using the Site, and to cancel, terminate, modify or suspend the Site or any portion thereof and void such Information. You also agree that the Indemnified Parties are not responsible or liable in any way for injury, loss or damage to your computer or interception or use of credit card information, related to or resulting from use of the Site or any sites, services or materials linked or related thereto or therefrom and also are not responsible or liable in any way for any injury, loss, claim or damage relating to or resulting from any part of the Site operating or not operating on computers or networks used by you or communicating with such computers or networks. To the extent we list or link to third party products or services, our site acts as the venue for suppliers to sell products and services (or, as appropriate, solicit offers to buy) and buyers to purchase such products and services. We are not involved in the actual transaction between buyers and suppliers. As a result, we have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of suppliers to sell items or the ability of buyers to buy items. We cannot ensure that a buyer or supplier will actually complete a transaction. We do not control the information provided by other users which is made available through the Site. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using the Site.
Please note that there are also risks of dealing with foreign nationals, underage persons or people acting under false pretense. Although we intend that product descriptions contained in the Site be current and accurate, we make no warranty or representation that descriptions of products in the Site are accurate, complete, current, or reliable in any or all respects. In the event that a product described in the Site is not as described, your sole remedy is to return it in unused condition in accordance with the suppliers' return policy.
No oral advice or written correspondence or information provided by us or any of the indemnified parties will create a warranty of any kind and users should not rely on any such information or advice. We reserve the right, in our sole and absolute discretion and without notice, to correct any errors or omissions in any portion of the site, or to deny access to the site to anyone at any time. Neither we nor any of the indemnified parties shall have any liability arising from your reliance upon the information provided on
the site. The Site may contain technical inaccuracies or typographical errors or omissions.
The Tamarind, Goa is not responsible for any typographical, photographic, technical or pricing (including without limitation mistaken hotel rates) errors listed on our Site. We reserve the right to cancel or modify reservations where it appears that a customer has engaged in fraudulent or inappropriate activity or under other circumstances where it appears that the reservations contain or resulted from a mistake or error.
The products and/or services described in and available through the Site may not be available in your country. We make no representation that the services or products offered in the Site are appropriate or available for use in any particular location. Those who choose to access the Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
If use of the Site and/or viewing or use of any material or content therein or services offered thereby violates or infringes any applicable law in your jurisdiction(s), you are not authorized to view or use the Site and must exit immediately;
Any disputes arising out of or related to the Site shall be governed by and constructed and enforced in accordance with, the laws of India and you shall submit to the exclusive jurisdiction of the courts of New Delhi (INDIA).
You agree to indemnify and hold The Tamarind, Goa and its subsidiaries, affiliates, officers, directors, agents and employees harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your breach of this agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party. The Tamarind, Goa’s failure to act with respect to breach by you or others does not waive its rights to act with respect to subsequent or similar breaches.
These terms are effective until terminated by either party. You may terminate these terms at any time by discontinuing use of the Site and destroying all materials obtained from any and all such sites and all related documentation and all copies and installations thereof, whether made under the terms of this Agreement or otherwise. Your access to the Site may be terminated immediately without notice from us if in our sole and absolute discretion you fail to comply with any term or provision of this Agreement.
Upon termination, you must cease use of the Site and destroy all materials obtained from such site and all copies thereof, whether made under the terms of this Agreement or otherwise. Notwithstanding the termination of this Agreement, you acknowledge and agree that those rights and obligations which by their nature are intended to survive the termination of this Agreement in order to be fully operative, shall survive the termination of this Agreement including, without limitation, the provisions hereof: (i) Restrictions on Use of Materials; (ii) Submissions; (iii) Disclaimers; (iv) Indemnification; (v) Limitations of Liability; and (xi) Governing Laws & Jurisdiction.
These Terms and Conditions together with The Tamarind, Goa’s Privacy Policy, constitute the entire agreement between the parties relating to the use of this Site. If any provision of these Terms and Conditions is deemed void, unlawful, or unenforceable for any reason, then that provision shall be severed from the rest of the terms and conditions and shall not affect the validity and enforceability of any of the remaining provisions. The Tamarind, Goa may revise these terms and conditions at any time by updating the positing and such changes shall be effective immediately unless otherwise indicated.
No agency, partnership, joint-venture, franchisee-franchisor, or employee-employer relationship is created by these Terms and Conditions or the use of the Site.