The website including the related software and other applications and functions and features thereof ("Website") is owned and operated by Elixir Buildcon Private Limited (hereinafter referred to as the “Company”).
These terms of use (“Terms”) along with our privacy policy mentioned on the Website (“Privacy Policy”), constitute the legal agreement (“Agreement”) which sets forth the legally binding terms and conditions for visitors of the Website (collectively called “you” or “users”). The Agreement describes in detail your access and use of the Website and the activities, services, features, functionalities and/ or resources available on the Website offered by the Company.
Any reference to “we”, “our” and “us” shall refer to the Company. Please read the Agreement carefully before you start to use the Website. You and we are collectively referred to as “Parties”.
By using the Services (described below) in any manner, including, but not limited to, visiting or browsing the Website, information, or other materials or services to the Website, you agree to be bound by this Agreement. Our Privacy Policy sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using the Website, you consent to such processing and you warrant that all data provided by you is accurate.
In consideration of your use of the Website and the Services, you agree to comply with all the provisions of the Agreement.
By visiting the Website, you unconditionally agree to be fully bound by the Agreement. The information, content and Services contained in the Website and the Agreement are subject to change and can be revised at any time at the sole discretion of the Company without any prior notice. You are bound by any such revisions and therefore we advise you to review the Agreement every time you use the Website and periodically to stay apprised of any and all changes. If you do not agree to the provisions of the Agreement, you must not use the Website. If you do not agree with any amendments made by us to the Agreement at any time in future, you must stop using the Website with immediate effect.
By using the Website and accessing its content, you acknowledge and agree that you have read and understood the Agreement and shall not claim invalidity of the same on any ground.
The use of the Website by you is subject to this Agreement, any and all applicable laws and government notifications, rules, regulations and guidelines issued by regulatory and/or governmental and/or statutory bodies. By visiting the Website, you agree to permit the Company to communicate with you, from time to time, about its Services, unless you decide to unsubscribe from receipt of such communications by following the instructions stated in said communications.
This Agreement is and shall be deemed to be concluded and executed between you and the Company at New Delhi, India.
Description of Services
The Company has developed and operates the Website wherein it provides general information about its’ Property, Hideaway Suites (“Property”) and processes the user’s request for reservations and for tailoring its’ offering and services in relation to the Property, to match user’s requests and preferences (“Services”). The Website contains details of conference room charges, banquet hall charges, room charges (including any available special offers) or charges for any other amenities that may be provided at the Property.
The Property reservation feature available on the Website is solely provided to assist the users to check the availability of travel related Services and products and to make genuine and valid reservations thereto. All the bookings made on the Website shall at all times be subject to availability. All Property bookings made on the Website shall be subject to the terms and conditions of booking and cancellations are set out herein and all the payments made on the Website shall be subject to such terms and conditions as mentioned herein.
No contract will subsist unless and until the Company accepts your order by e-mail/ text message 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 Property reservation terms and conditions of booking.
The Company shall have the right, as its sole and absolute discretion, to suspend and deactivate any part of the Services/ bookings made by you. In case any part of your booking is cancelled by us due to any event of Force Majeure or government rules/ restrictions, then the advance payments made by you with respect to such cancelled bookings shall be refunded to you after deducting all the third-party charges like payment gateway charges, bank charges, etc., within 7 (seven) working days of such cancellation.
The Services provided by the Company to you under the Agreement shall be:
provided on a non-exclusive basis;
used by the user only for lawful activities; and
non-transferable and non-assignable by the user whether directly or indirectly.
The Services available through the Website is available only for persons of 18 years of age or more and who are legally competent to form a contract under the Indian Contract Act, 1872, or under any other act or enactment, which the person is subject to. If you are below 18 years of age or age required to enter into a lawful and valid contract, please get your parents/guardian to read and accept the Agreement before you use the Website. We have the right to disable your use of the Website if in our opinion you have failed to comply with any of the provisions of the Agreement, including compliance with any eligibility criteria. You are solely responsible for ensuring that the Agreement is in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where the Agreement or use of the Services is prohibited and, in such circumstances, you agree not to use or access the Website or Services in any way.
User Obligations and Covenants
The Services provided herein are limited to the scope defined under the Agreement and the user shall not:
use the Services other than in connection with a lawful purposes; or
tamper with, harm, reverse engineer, modify, decompile, disassemble or otherwise attempt to extract information from the Website; or
adapt, translate, remove or eliminate the Website.
You agree and undertake that you shall not use the Services to:
violate or encourage any conduct that would violate any applicable law or regulation or would give rise to civil liability; or
impersonate or misrepresent your affiliation with any person or entity.
You agree and undertake that you shall not:
access, tamper with, or use any unauthorized non-public areas of the Website or the Company’s systems or those of the Company’s services providers; or
attempt to probe, scan, or test the vulnerability of the Website or any related system or network or breach any security or authentication measures used in connection with the Website; or
attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services.
You shall use best efforts to hinder and prevent piracy and hacking with respect to the Services and the Website at your end. In the case of occurrence of any piracy and hacking with respect to the Services and the Website, you shall inform us immediately.
You represent, warrant, and covenant that (i) all information you provide in connection with your booking is accurate, complete, and not otherwise designed to mislead, defraud or deceive the Company; and (ii) you will comply with all relevant local, state, and union laws applicable to you.
Your Account and other details
In order to use the Services, you may create an account (“Account”) and provide to the Company necessary information, data, login id, passwords, usernames, email address, mobile number, other log-in information, materials or other contact information and content (collectively “Account Information”) and / or authenticate itself through APIs provided by third parties such as Google, Facebook, or other service providers which the Company integrates with the Website from time to time. You are permitted to use the Services only after proper and valid authentication, which will need to be done explicitly by you. When creating an Account, you shall provide accurate and complete information. In order for the Website and Services available therein to function effectively, you must keep your Account Information up to date and accurate. You are solely responsible for safeguarding your authentication credentials and you agree not to disclose these credentials to any third party. You agree to take sole responsibility for any actions made using your Account, whether or not you have authorized such actions. You agree and understand that you are responsible for maintaining the confidentiality of your Account Information. You shall immediately notify Company of any unauthorized use of your Account. By providing the Company with your email address, you agree to receive all required notices electronically, to the e-mail address provided.
Use of the Content
The content as has been made available and is made available from time to time on the Website (“Content”) is intended for informational purposes only. The term “Content” shall mean and include any content, advertisement or any other posts as posted by the Company on the Website. The posting of the Content and access of the Website by you does not constitute provision of Services by us, either explicitly or implicitly.
Customer Contact
You authorize the Company to call, send SMS and email or to contact you by any other similar means on the contact information (made available by you on the Website either at the time of booking, making an inquiry, making an application for any of the Services or otherwise), to offer you information about the Services you may have opted for or that you may be interested in. You authorize us to call, SMS or email or contact you by way of any other similar means for the mentioned purpose irrespective of whether you are registered with the NDNC registry.
We will also use your contact details information to: (i) send you information about the Services offered by the Company; (ii) to contact you through SMS and email for reminder notices, service request processing for the Services opted by you; and (iii) to keep you updated on the Content through our newsletters.
In the event you do not wish to receive such information, you may unsubscribe through the facility in the communications you receive.
Modification/Updating of the Agreement
We reserve the right to change, modify, add to, or remove, portions of the Agreement at any time at will and in the event that we are required to do so as a result of any applicable regulations or as required by law for any other purpose and as amended or made applicable from time to time and as per Company policy. In the event that any material changes are made, we shall inform you by way of a notice displayed on our home page for a period 30 days from such change.
You shall indemnify, defend and hold the Company harmless (including its officers, directors, employees, affiliates, group/promoter companies, agents/ intermediaries, representatives or subcontractors) from any and all claims and losses imposed on, incurred by or asserted as a result of or related to: (i) your access and use of the Website or Services; (ii) any non-compliance with the Agreement hereof; (iii) any third-party actions related to your receipt and use of any information without authorization; (iv) misuse of your Account Information; or (v) any unauthorized use of your Account and/or the Website by you or some other person.
Limitation of Liability
The Company hereby disclaims any and all liability with regards to the accuracy, completeness and or suitability of the Services/ Content and information as is provided on the Website and any Services, information and/or Content that may be provided thereon from time to time. The Company expressly disclaim any liability, whether in contract, tort, strict liability or otherwise, for any direct, indirect, incidental, consequential, punitive or special damages arising out of or in any way connected with your access or use or inability to access or use of the Website or reliance on its Services/ Content, or any failure of performance, interruption, defect, delay in transmission, computer viruses or other harmful components, or line or system failure associated with the Website, regardless of our knowledge thereof. The Company shall not be liable for, any damages to, or viruses that may infect, your computer equipment, other electronics or any other property as a result of your access to, use of, or browsing in the Website or your downloading of any materials, data, text, images, video, or audio from the Website.
The Company follows generally accepted industry standards to protect the personal information submitted to us. However, no method of transmission over the internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use industry best practices to protect your personal information, we do not guarantee its absolute security and disclaim any liabilities to that effect.
In no event will the Company’s or any of its shareholders’, directors’, employees’, agents’ total liability to the user for all damages, liabilities, losses, and causes of action arising out of or relating to (i) this Agreement, (ii) the Website or Services, (iii) the User’s use or inability to use the Services, however caused and whether arising in contract, tort including negligence, warranty or otherwise, exceed the amount of booking charges/fees received by the Company from the user for accessing or using the Website or Services.
The Company takes all reasonable precautions to preserve the confidentiality and prevent any corruption or loss, damage or destruction of the data and information provided by you, in keeping with industry standard practices. However, the Company reserves the right to collect statistical, anonymous and aggregate data based on your usage of the Website, such information does not consist of any of your private and sensitive information (such as your name, address, phone number, etc.) or your financial information (such as payment details, bank account details, etc.), to understand user behaviour and characteristics and to inform advertisers of such information as well as the number of users that have been exposed to or clicked on the advertising banners.
Internet per se is susceptible to a number of frauds, misuse, hacking and other actions that could affect payment instructions/ other instructions to the bank through the payment gateway. The Company aims to provide security to prevent the same, however, there cannot be any guarantee from such internet frauds, hacking and other actions that could affect payment instructions / other instructions including result in delay or failure in processing the instructions. Therefore we disclaim any liabilities to that effect.
Posting messages, comments or content
Certain portions of the Website may be configured to permit you to post messages, comments, or other content. Any such content shall only serve and be construed as the opinion of the user posting it, is no substitute for your own research, and should not be relied upon for any purpose.
You agree not to post any content:
which is profane, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory, or otherwise objectionable; or
the transmission of which could violate, or facilitate the violation of, any applicable law, regulation, or intellectual property rights; or
which is in violation of any applicable law.
You are solely responsible for the content of any postings you submit and the Company assumes no responsibility or liability for any content submitted by you or any other user of the Website. We reserve the right to remove the content you provide at any time, but you understand that we may preserve and access a backup-copy, and we may disclose the content if required to do so by applicable law or in a good faith belief that such access, preservation, or disclosure is required by applicable law or in the best interests of the Company.
Any content you submit is for non-commercial use only. Any content you submit will be routed through the internet and you understand and acknowledge that you have no expectation of privacy with regard to any content you submit. Never assume that you are anonymous and cannot be identified by your posts.
Third-Party Service Providers and Third-Party Sites
The Company may use third-party services provided by the third party vendors to assist in providing the Services (“Service Providers”). All or some of your information may be stored on servers provided by Service Providers. Certain features and functionality of the Services may be implemented through the third-party services or use of a third-party API and other licensed third party software or technology. The Company may use other Service Providers for the following types of services: networking, storage, financial transactions, customer relationship management, website maintenance, database management, web analytics, cloud computing infrastructure, transactional communications, marketing communications, customer services etc.
The Website may contain links to third-party sites or software that are not owned or controlled by the Company. The Company cannot censor or edit or control the content of any third-party sites. The Company shall not be liable for any losses incurred by you on account of use of any third-party sites, software or technology.
Force Majeure
The Company shall not be liable if any transaction does not materialize or may not be completed or for any failure on its part to perform any of its obligations under the Agreement or those applicable specifically to any Services, if the same is prevented, hindered or delayed by a Force Majeure event and in such case its obligations shall be suspended for so long as the Force Majeure event continues. "Force Majeure" means any event due to any cause beyond the reasonable control of the Company, including without limitations, sabotage, fire, flood, explosion, acts of god, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, pandemic, epidemic, acts of government, faults or failures in telecommunication, unavailability of any communication systems, breach, or virus in the processes or payment or delivery mechanism, computer hacking, computer crashes, malfunctioning in the computer terminal or the systems getting affected by any malicious code, unauthorized access to computer data and storage devices, destructive or corrupting code or program, mechanical or technical errors/failures or power outage, etc.
Disclaimer of Warranties
The Website may be linked to other third-party websites which are not maintained by the Company. The Company is not responsible for the content of those websites. The inclusion of any link on our Website does not imply approval of or endorsement by the Company of the website or the content thereof. The Company is not responsible for any communications that you may receive from such third-party websites. Your use of such third-party website shall be subject to the privacy policy, terms and conditions and any other restrictions as may be specified there in. The Company does not endorse these third-party websites and disclaims any and all liability resultant from your use thereof or related thereto.
Company’s Proprietary Rights
The Company is the sole and absolute owner of any and all rights, including the intellectual property rights and other rights in and to Website and Services and the intellectual property associated therewith.
The Parties agree that nothing in this Agreement is intended to, nor shall be construed to vest in, transfer or to otherwise convey to you any right, title or interest in the Website or any intellectual property associated therewith; and you shall have no right to acquire any right, title or interest in the same by lapse of time or otherwise.
You agree not to copy, rent, lease, sell, distribute, or create derivative works based on the Company’s intellectual property, the Website or the Services in whole or in part, by any means.
All other third party trademarks, service marks, product names, and logos appearing on the Website or in the Services are the property of their respective owners.
You acknowledge and agree that the Website and Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws.
The Parties agree that performance of Services pursuant to this Agreement may result in discovery, creation or development of copyright, designs, processes, methods, techniques, improvements, strategies, or other original works of authorship and other intellectual property rights and the user agrees and acknowledges that all rights, title and interest in and to all such intellectual property, upon the creation of the same, shall always fully and absolutely vest in the Company.
The Company shall have the right to use your data and other information to evaluate, update, improve and upgrade the Website and the Services and for analytics and research purposes in accordance with applicable law.
Your Proprietary Rights
By entering, storing, or sending your data through the Services, you grant the Company a nonexclusive, worldwide, transferable license, on a royalty-free basis, with a right to sublicense this right to third parties assisting the Company in providing the Services, to use, copy, distribute and process such data through the Website on your behalf solely for the purpose of storing, transferring, processing and delivering such data. You acknowledge and agree that the Company will not be responsible for any failure of the Website to store any information, for the deletion of files or information stored on the Website, or for the corruption of or loss of any data, information or material saved or sent through the Website.
The Company undertakes to implement commercially reasonable and appropriate physical, electronic and managerial data security measures and procedures for the protection of your data and information against loss, misuse and alteration. The Company shall not allow any access to its system or user data to a third party, except on a strictly need to know basis and in accordance with the Privacy Policy, and shall take all reasonable care to maintain the confidentiality of the information as provided under this Agreement.
You may cancel disable or delete your access and/or use of Website/ Services and user Account at any time by going to their account settings or by contacting the Company at [•].
In the event that you delete or disable your Account, the Company shall not be liable to refund any fees paid by you. Once you delete your Account, the Company may delete all of the user data and remove all access to the cancelled account.
The Company reserves the right to discontinue the Website or the Services or to change the Services at any time and will provide notice of such discontinuation or change to you through posting changes to this Agreement and/or by notifying you through email using the Account Information that the user has provided to the Company.
If you breach the Agreement, the Company shall have the right to terminate your access to and use of the Services immediately, without notice, and to deactivate your Account. In the event of such termination or deactivation, the Company will not be required to disburse any donation funds to you.
You acknowledge that, although the Company has no obligation to monitor your use of the Services, the Company has the right to do so for the purpose of operating the Services, to ensure your compliance with the Agreement, or to comply with applicable laws or the order or requirement of a court, administrative agency, or other governmental body. The Company reserves the right at all times to disclose, in its sole discretion, any user files when necessary (a) in accordance with applicable any law, regulation, or governmental request or (b) reduce or prevent what the Company considers to be, in the Company’s sole discretion, a serious or imminent threat to the user’s health or safety, or the health or safety of another person.
Governing Law and Dispute Resolution
The formation, construction, performance and enforcement of the Agreement shall be in accordance with the laws of India without regard to conflict of law principles.
All disputes in relation to this Agreement will be resolved by arbitration under the Arbitration and Conciliation Act, 1996, in New Delhi, India, by a sole arbitrator appointed by the Parties mutually. The arbitration award shall be final and binding on the Parties, and enforceable in accordance with its terms. The arbitrator shall state the specific reasons for its findings in writing. The Parties agree to be bound thereby and to act accordingly.
Subject to the arbitration provision, the courts of competent jurisdiction at New Delhi, India shall have exclusive jurisdiction over all matters arising pursuant to the Agreement.
If any part of the Agreement is determined to be invalid or unenforceable pursuant to applicable law including, then such unenforceable provision shall be deemed to be replaces with a suitable legal alternative provision that achieves the purpose of the original provision as closely as possible.
Relationship of the Parties
You and the Company agree that nothing in the Agreement shall be deemed to constitute a partnership, joint venture, agency relationship or otherwise between the Parties.
Grievance Officer
In case you have any questions or wish to opt-out of certain Services or if you have any complaints with respect to the Website or Services, you may contact our Grievance Officer, at the phone number and email address provided in the “Contact us” page of the website.