Terms & conditions of use
Introduction
- The terms and conditions set out below apply to you accessing this website “swastikwellbeing.com” (website) and related websites, including the use of the information of services offered on the website and are deemed to be accepted & consented by you.
- In accessing and using the website, you agree to be bound by these Terms & Conditions, so please carefully read this section before proceeding. If you do not accept these Terms & Conditions, you are advised to refrain from proceeding further. These Terms & Conditions must be read in conjunction with any other applicable terms and conditions governing the use of the website.
- Please read our privacy policy & the information on user data collection shared by us.
Conditions
- The website makes available information & details relating to wellness resorts & centres owned or managed by Nyati Hotels & Resorts Pvt. Ltd. and its subsidiaries, controlled entities, affiliates and related parties (“NHRPL”).
- You may use this website ONLY to make legitimate reservations or purchases. You shall not use this website for any other purposes, including without limitation, to make any speculative, false or fraudulent reservations. You further agree not to create any content and or a hypertext link from any website controlled by you or otherwise, to this website without the express written permission of Nyati Hotels & Resorts Pvt Ltd. You agree not to pretend to be any other person or a representative of any entity, whether actual or fictitious.
Trademarks
- The website contains NHRPL's and or its subsidiaries, affiliates trade and service marks and devices (including the word “Swastik”) and other valuable trade or service marks owned by NHRPL and or its subsidiaries, affiliates ` or permitted to be used by NHRPL to distinguish its services and products. You agree that you will not reproduce copy or distribute any such information available on website including the said trade and service marks and devices and Intellectual Property of NHRPL and/or its subsidiaries, sister concerns & affiliates in any manner without the express prior written consent of NHRPL.
- Without limitation, you must not use any of the said trade or service marks:
- In or as the whole or part of your trademarks;
- In connection with activities, products or services which are not undertaken or provided by NHRPL;
- In a manner which may be confusing, misleading or deceptive; or
- In a manner that disparages NHRPL and/or its subsidiaries, sister concerns & affiliates or its information, products or services (including this website).
Copyright
- The information, text, graphics, images, sounds, links and all other information and software published or otherwise contained in the website (“Information”) are either owned exclusively by NHRPL or licensed or permitted to be used by NHRPL or used without infringing any third party intellectual rights and except as specifically provided in these conditions should not be copied, distributed, displayed, reproduced or transmitted, in any form or by any means whether electronic, mechanical, photocopying, recording or otherwise, without the prior written approval of NHRPL. Without limitation, you may not, without such approval from NHRPL, 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 the subject of copyright owned by that third party.
Your use
- The website is for your personal non-commercial use and the information may be downloaded or printed by you solely for reference purposes only.
- The right given to you to use and access the information on this website is merely a license and not to be construed as a grant of any right or transfer of title, and is subject to the following restrictions:
- The information shall not be used for any commercial purpose or public display, performance, sale or rental;
- No copyright or other proprietary notices shall be removed:
- The information shall not be transferred to another person;
- Software should not be interfered with in any manner;
- Every person downloading, reproducing or otherwise using the information must prevent any unauthorized copying of the information and distribution thereof;
- You will only use the information for personal and lawful purposes and by these conditions.
Information
- You accept that all information provided on the website or any other material accessed through the website including via any linked website is general information and is not like advice and does not create any obligation on NHRPL in respect of any claims in that regard.
- You also accept that all of the information is provided on an “as is” basis and to the extent permitted by law, is provided without any warranty, representation or condition of any kind whether express, implied, statutory or otherwise. You bear all responsibility and risk for the use of or reliance upon the information on the website or any other material accessed through the website including via any linked website.
- Whilst NHRPL seeks to ensure that the information is reliable and accurate, errors and omissions may occur, to the extent permitted by law. NHRPL does not make or give any representation or warranty (express or implied) of any kind as to any matter relating to the website and any linked website, including without limitation, as to merchantability, non-infringement of intellectual property rights or fitness for purpose.
- In particular, NHRPL does not warrant that:
- The information or any other material accessed through the website including via any linked website is reliable, accurate or complete including, without limitation, information relating to prices and availability; OR
- Your access to information or any other material accessed through the website including any linked website will be uninterrupted, timely or secure.
- NHRPL is not liable for any loss (direct or indirect) resulting from any action taken or reliance made by you on the information or any other material accessed through the website including via any linked website. You should make your inquiries and seek independent professional advice before acting or relying on any such information or material.
- NHRPL may update, amend, modify or add to the information, including these conditions and reserves the right to make such changes without any obligation to notify past, current or prospective users of the website. Unless otherwise specified all new information shall be subject to these conditions.
- NHRPL does not guarantee that the website will operate continuously or without interruption or be error-free. NHRPL may also suspend or discontinue any aspect of the website at any time at its sole discretion without being liable for any direct or indirect loss as a result of such action.
Liability disclaimer & exclusion
- In no event shall NHRPL be responsible for any direct, indirect, special, incidental or consequential loss or damage, however arising and whether in contract, tort or otherwise, which you may suffer in connection with or arising out of:
- Your use of the website or any linked website; or
- Your use of or reliance on information or any other material accessed through the website including via any linked website;
- Including without limitation, loss or damage by loss of profits, loss of business opportunity, business interruption or loss of information.
- 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.
- 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.
Specific warnings
- You must ensure that your access to and your use of the website is not illegal or prohibited by laws which apply to you.
- You must take precautions so that the process which you employ for accessing the website does not expose you to the risk of viruses, malicious computer code, computer program routine or process or other forms of interference which may damage your computer system. Without limitation, you are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use the website and is compatible with the website. For the removal of doubt, NHRPL does not accept responsibility for any interference or damage to your computer system which arises in connection with your use of the website or any linked website.
- NHRPL does not guarantee or warrant that any material available for downloading from the website or any linked website will be free from any virus, infection or other condition which has contaminating or destructive properties. You are responsible for taking sufficient precautions and checks to satisfy your particular requirements for the accuracy of data input and output.
- You must ensure that any information which you provide to NHRPL is accurate and complete and does not contain any virus, malicious computer code, computer program routine process or other form of interference which may damage the computer system of NHRPL or the information or which may detrimentally interfere with or surreptitiously intercept or expropriate any NHRPL system, data or information.
Linked websites
- The website may contain links to other websites. Those links are provided for convenience only and may not remain current or be maintained.
- You acknowledge and agree that NHRPL does not have any control over the content or availability of linked websites and accepts no responsibility for the content, privacy practices or any other aspect of linked websites.
- Links with linked websites should not be construed as an endorsement, approval or recommendation by NHRPL of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and then only to the extent expressly stipulated to the contrary.
Wellness resort / centre reservations
- The reservations feature of the website is provided solely to assist customers/guests in determining the availability of travel-related services and products and to make legitimate reservations for no other purpose.
- 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 use the website by such conditions.
- You agree to be financially responsible for your use of the website including without limitation for all reservations made by you or on your account for you, whether authorised by you or not. For any reservations or other services for which fees may be charged you agree to abide by the terms or conditions of supply including without limitation payment of all money due under such terms or conditions.
- The website contains details of wellness resort/centre charges and package rates (including any available special offers) for resorts/centres owned or managed by NHRPL.
- Wellness Resort reservation terms and conditions of booking are set out on the website and payment will be following the procedure set out in such terms and conditions.
- No contract will subsist between you and NHRPL or any of its affiliates in respect of any services or products offered through the website unless and until NHRPL accepts your order by e-mail or automated confirmation through the website confirming that it has accepted your reservation, booking or order and any such contract shall be deemed to incorporate the Wellness resort reservation terms and conditions of booking. Any other relevant terms and conditions relating to particular services or products are set out in the website.
- You undertake that all details you provide in connection with any services or products which may be offered by NHRPL on the website will be correct and, where applicable, the credit card which you use is your own and that there are sufficient funds to cover the cost of any services or products which you wish to avail or purchase. NHRPL reserves the right to obtain validation of your credit card details before providing you with any services or products.
Security & non confidentiality
- Electronic transmissions of data including the internet are public media and any use of such media is public, not private.
- Information related to or arising from such use is either public or the property of those collecting the information and not personal or private information.
- NHRPL does not warrant and cannot ensure the security or confidentiality of any information you transmit to the website or provide to NHRPL. Accordingly, any information you transmit or provide at the website or NHRPL is transmitted at your own risk.
Privacy policy and information shared with third-party providers
- We may share your personally identifiable information with service providers including:
- Payment processors for secure credit card payment transactions.
- Hosting services.
- Email service providers to send you emails about your booking. Such providers may send emails of a marketing nature if you have agreed to receive such newsletters and will track some performance indicators, such as open and click rates.
- Advertising partners may use email addresses, cookies and other tracking technologies, such as pixels and web beacons, to gather information about your activities on our website/application and other websites to provide targeted advertising based on your browsing activities and interests.
- Our business partners, suppliers, and sub-contractors, for the performance of any contract we enter into with them. We may also share your data with analytics and search engine providers that assist us in the improvement of our website/application.
- Legal authorities when we believe in good faith that we are lawfully authorised or required to do so or when necessary to do so to protect the rights and safety of Swastik, employees and users from fraudulent, abusive, inappropriate or unlawful use of our services.
- In connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition, or in any other situation where your personally identifiable information may be disclosed or transferred as one of the business assets of NHRPL.
- Information that is aggregated or anonymised does not directly identify you.
Termination of access
- If you breach any of these conditions your license to use the website will stand terminated immediately without the necessity of any notice being given to you.
- Otherwise, the access to the website may be terminated at any time by NHRPL without notice for any reason at its discretion.
- The provisions of these conditions excluding, limiting and disclaiming the liability of NHRPL will survive any such termination.
General
- NHRPL does not accept any liability for any failure by NHRPL to comply with these conditions where such failure is due to circumstances beyond its reasonable control.
- If NHRPL waives any rights available under these conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
- If any of these conditions under the prevailing laws are considered invalid, unenforceable or illegal for any reason, the remaining conditions shall nevertheless continue in full force.
- You are completely responsible for all charges, fees, duties, taxes and assessments arising out of the use of the website.
Governing law & jurisdiction
- These conditions are governed by the laws in force in India and you agree to submit to the exclusive jurisdiction of the courts of Pune, India.
