Introduction
This web site and the related web sites contained herein
(collectively, the “Site”) make available information on hotel and
other transient stay facilities (each a “Property”) owned, managed
or franchised by the 7 Apple Hotels Pvt. Ltd. or its subsidiaries
and affiliates (collectively, “7 Apple Hotel”), and other
travel-related or consumer goods and services. The Site, and the
services of each of its modules, is offered exclusively by 7 Apple
Hotel and/or its various third party providers and distributors.
The terms and conditions set out below (“Conditions”) apply to
your use of the Site including the use of the information services
offered on the Site.
In accessing, using, viewing, transmitting, caching or storing
this Site or any of its services, functions, materials, or
contents, you shall be deemed to have agreed to each and all the
Conditions and notices in this Site without modification. Further,
you agree to be bound by these Conditions so please carefully read
this section before proceeding. If you do not accept these
Conditions, 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.
Site
The Site makes available information relating to 7 Apple Hotel,
owned or managed by the 7 Apple Hotel.
Trademarks
The Site contains the name, trade and service marks, logos,
devices of “7 Apple Hotel” and other valuable trade and service
marks owned by 7 Apple Hotel to distinguish its services and
products (collectively referred to as “7 Apple Hotel Intellectual
Property”). 7 Apple Hotel Intellectual Property is protected from
copying and simulation under national and international laws and
may not be reproduced, copied or otherwise used in any manner
whatsoever, on any material whether tangible or intangible,
without the express prior written permission and consent of 7
Apple Hotel. Without limitation, you must not use any of the said
trade or service marks, either alone or in conjunction or
combination or variation with other trade and service marks, logos
and devices:
In or as the whole or part of your own trademarks;
In connection with activities, products or services which are not
undertaken or provided by 7 Apple Hotel;
In a manner which may be confusing, misleading or deceptive; or
TERMS & CONDITIONS
In a manner that disparages 7 Apple Hotel or its information,
products or services (including the Site). Nothing contained on
the Site should be construed as granting, by implication,
estoppels, or otherwise, any license or right to use any of the
trademarks without the written permission of 7 Apple Hotel or such
other party that may own the trademarks.
Copyright
The Site, including each of its modules, is the copyrighted
property of 7 Apple Hotel and/or its various third party providers
and distributors. The information, text, graphics, images,
photographs, videos, sounds, links and all other information and
software published or otherwise contained in the Site
(“Information”) are either owned exclusively by 7 Apple Hotel or
licensed by 7 Apple Hotel and except as specifically provided in
these Conditions may 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 7 Apple Hotel. Without
limitation you may not, without such approval from 7 Apple Hotel,
create derivative works from any part of the Site or commercialize
any Information, products or services obtained from any part of
the Site. Information procured from a third party may be the
subject of copyright owned by that third party. Unauthorized use
of the Site and/or the materials contained on the Site may violate
applicable copyright, trademark or other intellectual property
laws or other laws. You must retain all copyright and trademark
notices, including any other proprietary notices, contained in the
materials. The use of such materials on any other web site or in
any environment of networked computers is strictly prohibited.
Your use
The Site is for your personal non-commercial use and the
Information may be downloaded or printed by you solely for that
purpose. You may only use the Site if you are at least 16
(eighteen) years of age and can enter into binding contracts (the
Site is not available for use by minors). 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 right to use the Information is a license only,
not a transfer of title, and is subject to the following
restrictions:
The information may not be used for any commercial purpose or
public display, performance, sale or rental;
No copyright or other proprietary notices may be removed:
The information may not be transferred to another person;
Software may not be interfered with in any manner;
Every person downloading, reproducing or otherwise using the
Information must prevent any unauthorized copying of the
Information;
You will only use the information for lawful purposes and in
accordance with these Conditions.
In addition, you agree that you will not use robot, spider, other
automatic device, or manual process to monitor or copy our web
pages or the content contained herein, without the prior written
consent of 7 Apple Hotel (such content is deemed given for
standard search engine technology employed by internet search web
sites to direct internet users to the Site).
Information
7 Apple Hotel strives to ensure that the information is accurate
and reliable. You accept that all Information provided on the Site
or any other material accessed through the Site including via any
Linked Wed Site (refer Condition 6) is general information and is
not in the nature of advice. 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 assume all responsibility and risk for your use of
or reliance upon Information and the Site or any other material
accessed through the Site including via any Linked Web Site.
Whilst 7 Apple Hotel seeks to ensure that the Information is
reliable and accurate, errors and omissions may occur and
therefore, to the extent permitted by law, 7 Apple Hotel does 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.
In particular 7 Apple Hotel does not warrant that:
The Information or any other material accessed through the Site
including via any Linked Web Site 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 Site including via any Linked Web Site will be uninterrupted,
timely or secure.
7 Apple Hotel 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 Site
including via any Linked Web Site. You should make your own
inquiries and seek independent professional advice before acting
or relying on any such information or material. TERMS &
CONDITIONS 7 Apple Hotel may from time to time update, modify or
add to the Information, including these Conditions and absolutely
reserves the right to make such changes without any obligation to
notify past, current or prospective users of the Site. Unless
otherwise specified to the contrary all new Information shall be
subject to these Conditions.
7 Apple Hotel does not guarantee that the Site will operate
continuously or without interruption or be error free. 7 Apple
Hotel may 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.
Liability Disclaimer & Exclusion
In no event shall 7 Apple Hotel 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 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 including without
limitation, loss or damage by way of 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. Where applicable law
implies any warranty, term or condition, and that law prohibits
exclusion or modification of any such warranty, term or condition,
then the liability of 7 Apple Hotel shall include liability for
any breach of such warranty, term or condition but, to the extent
permitted by law, the remedy for such breach will be limited as
follows:
If the breach related to services the remedy will be limited to
the supply of the services again or payment of the cost of having
the services supplied again; and
If the breach related to products and the products can be repaired
the remedy will be limited to 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.
The limitation of liability applies whether the alleged liability
is based on contract, tort, negligence, strict liability or any
other basis even if we have been advised of the possibility of
such damage. If you are dissatisfied with the use of the Site, or
any of the products, services, members, suppliers and/ or buyer
offered in connection therewith or associated TERMS &
CONDITIONS therewith, as the case may be, your sole and exclusive
remedy shall be to discontinue use of the Site.
Specific Warnings
You must ensure that your access to and your use of the Site is
not illegal or prohibited by laws which apply to you.
You must take your own precautions that the process which you
employ for accessing the Site does not expose you to the risk of
virus, corrupted data, worms, other instructions or design that
would erase data or programming or cause the Site or any equipment
or system to become inoperable or incapable of being used in the
full manner for which it was designed, or be subjected to
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 Site and is compatible with the Site. For the
removal of doubt, 7 Apple Hotel does not accept responsibility for
any interference or damage to your computer system which arises in
connection with your use of the Site or any Linked Web Site. 7
Apple Hotel does not guarantee or warrant that any material
available for downloading from the Site or any Linked Web Site
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 own
particular requirements for accuracy of data input and output. You
must ensure that any information which you provide to 7 Apple
Hotel is accurate and complete and does not contain any virus,
malicious computer code, computer program routine or process or
other form of interference which may damage the computer system of
7 Apple Hotel or the Information or which may detrimentally
interfere with or surreptitiously intercept or expropriate any 7
Apple Hotel system, data or information.
Linked Websites
The Site may contain links to other web sites (“Linked Web
Sites”). Those links are provided for convenience only. 7 Apple
Hotel provides such links solely as a convenience to you and for
information purposes only. 7 Apple Hotel has not reviewed all of
the information on these other websites. You acknowledge and agree
that 7 Apple Hotel does not have any control over the content or
availability of Linked Web Sites and accepts no responsibility for
the content, privacy practices or any other aspect of Linked Web
Sites. TERMS & CONDITIONS Links with Linked Web Sites should
not be construed as an endorsement, approval or recommendation by
7 Apple Hotel of the owners or operators of those Linked Web
Sites, or of any information, graphics, materials, products or
services referred to or contained on those Linked Web Sites,
unless and then only to the extent expressly stipulated to the
contrary. If you decide to access the Linked Web Sites, you do so
at your own risk.
Hotel reservations
The reservations feature of the Site is provided solely to assist
customers in determining the availability of travel related
services and products and to make legitimate reservations and for
no other purpose. 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. You agree to supervise
all usage by minors of this Site under your name or account. You
also warrant that all information supplied by you or members of
your household in using this Site is true and accurate and without
limitation, or any false or fraudulent reservations. You agree to
be financially responsible for your use of the Site including
without limitation for all reservations made by you or on your
account for you, whether authorized 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 moneys due under such terms or
conditions.
The Site contains details of hotel charges and room rates
(including any available special offers) for hotels and resorts
owned or managed by 7 Apple Hotel.
Hotel reservation terms and conditions of booking are set out on
the Site and payment will be in accordance with the procedure set
out in such terms and conditions.
You agree that you will make only legitimate reservations in good
faith for use by you and your invited guests only, and not for
other purposes, including without limitation, reselling,
impermissibly assigning or posting on third party web sites or
making speculative, false or fraudulent reservations, or any
reservation in anticipation of demand.
No contract will subsist between you and 7 Apple Hotel or any of
its affiliates in respect of any services or products offered
through the Site unless and until 7 Apple Hotel accepts your order
by e-mail or automated confirmation through the Site confirming
that it has accepted your reservation, booking or order and any
such contract shall be deemed to incorporate the hotel reservation
terms and conditions of booking. Any other relevant terms and
conditions relating to particular services or products are set out
in the Site.
You undertake that all details you provide to in connection with
any services or products which may be offered by 7 Apple Hotel on
the Site (including hotel room reservations) 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 purchase. 7 Apple Hotel reserves the
right to obtain validation of your credit card details before
providing you with any services or products.
Termination of Access
If you breach any of these Conditions your license to use the Site
will terminate immediately without the necessity of any notice
being given to you.
Otherwise access to the Site may be terminated at any time by 7
Apple Hotel without notice. The provisions of these Conditions
excluding, limiting and disclaiming the liability of 7 Apple Hotel
will nevertheless survive any such termination.
Indemnification
You agree to indemnify and defend and hold us and our
subsidiaries, affiliates, officers, directors, agents and
employees harmless from any claim or demand, 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. 7 Apple Hotel’s failure to
act with respect to a breach by you or others does not waive its
right to act with respect to subsequent or similar breaches.
Communication
With respect to all communications made to 7 Apple Hotel on or
through the Site including, without limitation, feedback,
questions, comments and suggestions (the “Communications”): (a) no
right of confidentiality shall apply to the Communications and 7
Apple Hotel shall have no obligation to protect the Communications
from disclosure; (b) 7 Apple Hotel shall be free to reproduce,
use, disclose and distribute the Communications to others; and (c)
7 Apple Hotel shall be free to use any ideas, concepts, know-how
or techniques contained in the Communications for any purpose
whatsoever, including, without limitation, the development,
production and marketing of products and services that incorporate
such information.
General
7 Apple Hotel does not accept any liability for any failure by 7
Apple Hotel to comply with these Conditions where such failure is
due to circumstances beyond its reasonable control.