Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS OF USE (hereinafter referred
to as Terms and Conditions) CAREFULLY BEFORE USING THIS SITE
UPDATED – 20/02/2023
1. Use of Website
The site is available only to individuals and entities that can form legally binding
contracts under applicable law. 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. Commercial use of this site is strictly prohibited
unless you obtain prior written consent from Kota Hostels. You may only use this site
to make legitimate reservations and/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 based on the information received through our partners/hosts and others. 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.
2. Proprietary Rights Information
The Site contains and 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 Kota Hostels 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 Kota Hostels.
3. Restrictions on use of Materials
All materials contained in the Site are the copyrighted property of Kota Hostels. Any
software that is made available to download from this Site is the copyrighted work of
Kota Hostels. 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, non-commercial use only, provided you keep
intact all copyright and other proprietary notices.
4. Submissions
Any messages, notes, suggestions, ideas, notes, drawings, concepts or other
material or
information (hereinafter collectively referred to as 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.
5. Promotional Information
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.
6. Links
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.
7. Access and Interference
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, cancel bots 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.
8. Limitation of Liability
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 Kota Hostels under,
any such warranty, term or condition, then the liability of Kota Hostels 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.
9. Disclaimers
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 are 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 description
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.
We reserve the right to cancel or modify reservations where it appears that a
customer has
engaged in a fraudulent or inappropriate activity or under other circumstances where
it
appears that the reservations contain or resulted from a mistake or error.
10. Governing Law & Jurisdiction
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 Ahmedabad, Gujarat
within the Union of India.
11. Indemnification
You agree to indemnify and hold Kota Hostels 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. Dwellerin Network Private Limited’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.
12. Termination
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.
13. General
These Terms and Conditions together with Kota Hostels 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. Kota Hostels may revise these terms and conditions at any time by
updating the posting 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