These terms form a legally binding agreement between Users (“User(s), you, your, yourself”) and Vritika Technologies Private Limited and/or its subsidiaries and affiliates (“GHARSURE, we, us, our”). These terms shall govern the use of the website/platform, mobile app (collectively referred to as “Gharsure Rooms”) which enables the User to connect with us in relation to the services offered through the Gharsure Platform ("Services").
GHARSURE through the GHARSURE Platform connects Users with third parties to use GHARSURE hotels/resorts/homestay/villa managed and/or owned by third parties (“Channel Partners”) or GHARSURE as the case maybe to help the Users avail the Services. GHARSURE Platform offers Services to its Users by offering its products (“GHARSURE Products”) which shall include but shall not be limited to :
You must be at least eighteen (18) years of age or above and capable of entering, performing and adhering to these terms. While individuals under the age of 18 may utilize/browse the GHARSURE Platform, they shall do so only with the involvement, guidance and supervision of their parents and / or legal guardians, under such parent /legal guardian’s registered account. GHARSURE reserves the right to terminate User’s access and refuse to provide User with access to the GHARSURE Platform if GHARSURE discovers that User is under the age of 18 years.
GHARSURE makes the Services available to you through the GHARSURE Platform upon you providing GHARSURE certain required User information and having created an account ("Account") through GHARSURE ID and password or other log-in ID and password (collectively, the "Account Information"). The GHARSURE Platform requires you to register as a User by creating an Account in order to utilize the Services provided. You will be responsible for maintaining the confidentiality of the Account Information and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify GHARSURE of any unauthorized use of its Account Information or any other breach of security, and (b) ensure that you exit/log out from the account at the end of each session. GHARSURE cannot and shall not be liable for any loss or damage arising from your failure to comply with this clause. You may be held liable for losses incurred by GHARSURE or any other customer or visitor to the GHARSURE Platform due to authorized or unauthorized use of your account as a result of your failure in keeping its Account Information secure and confidential.
GHARSURE also allows restricted access to the GHARSURE Platform for unregistered users. At the time of registration, you shall ensure that the Account Information provided by you in the GHARSURE Platform registration form is complete, accurate and up-to-date. Use of another user’s account information is expressly prohibited.
In case you wish to discontinue you can at any point opt out of your membership of the GHARSURE Platform. GHARSURE deserves the right to unilaterally terminate your use of the GHARSURE Platform without notice or any liability for reasons of breach of the terms mentioned herein.
Users availing Services and GHARSURE Products via the GHARSURE Platform (hereinafter referred to as “Customers”) shall be governed by the following terms and conditions:
The process of booking Services from this GHARSURE Platform may require you to disclose your personal and confidential information. To prevent any possibility of unauthorized access to your confidential information such as name, address etc., you shall not use/access this site from unsecure computers, unsecure communication links, unsecure mobile phones or locations such as Internet-Cafe(s), Cyber-Cafe(s) and other commercially available internet enabled computers or computer services. The User agrees, acknowledges and confirms that before placing any order on the GHARSURE Platform, the User shall check the Service description and price carefully and by placing an order for a Service you agree to be bound by these terms including the Services’ description. You shall only place the order after fully satisfying yourself with the price, description, look as has been displayed on GHARSURE Platform. GHARSURE shall not be responsible unsatisfactory or delayed performance of services or damages or delays as a result of Channel Partner’s act’s or omissions That relying on declarations, confirmations, information and obligations made/undertaken by the User in accordance with the terms, and believing the same to be true and acting on the faith thereof, GHARSURE has agreed to provide the Services to the User as per the terms mentioned herein. In particular, the User does hereby agree, promise, declare, confirm, covenant, undertake and represent & warrant to GHARSURE:
The User agrees and acknowledges that in the GHARSURE Platform all Services are offered only at the sole discretion of GHARSURE.
You hereby agree and understand that you will have to pay the usage fee as mentioned on the GHARSURE Platform for the concerned Services via the payment mode provided on the GHARSURE Platform post which User’s requested reservation will be confirmed. Once the reservation has been confirmed, GHARSURE will debit the usage fee from the payment mode selected by the User. The User agrees and acknowledges that the payment procedure may call for and require additional verification of or information from the User and the User undertakes to provide complete, correct and proper information.
GHARSURE uses third party payment providers to receive payments from User. GHARSURE is not responsible for delays or erroneous transaction execution or cancellation of reservation due to payment issues. GHARSURE takes utmost care to work with third party payment providers, but does not control their systems, processes, technology and work flows, hence cannot be held responsible for any fault at the end of payment providers.
User making payments for Services provided via the GHARSURE Platform, would be making payments to the entities mentioned as per the link mentioned in the tab named Payment for Services.
By using the GHARSURE Platform you hereby acknowledge and agree that GHARSURE is not a hotel/guest house owner/ and has no control over the conduct or behavior of the management of any property or the quality, fitness or the suitability of the services provided by third party offering services. GHARSURE disclaims any and all liabilities in this regard. You are requested to kindly take due care of all their personal valuables and belongings. GHARSURE and its employees shall NOT be responsible for any loss, theft or damage to the Guests' personal valuables and belongings.
The information, materials, Services available on the GHARSURE Platform may inadvertently include inaccuracies, typographical errors, or outdated information, GHARSURE is not responsible for and shall not be bound to honour typographical or pricing errors on the GHARSURE Platform. GHARSURE reserves the right to refuse or cancel orders at any time, including but not limited to the orders that contain incorrect prices or product descriptions, orders in which GHARSURE believes the User has violated applicable laws or these terms, orders that GHARSURE believes are harmful to GHARSURE or orders that GHARSURE believes are fraudulent or based on illegal, fraudulent or deceitful use/furnishing of information or based on false information. GHARSURE neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or Service. GHARSURE expressly disclaims any warranties whether express or implied about the accuracy, completeness, correctness, suitability, reliability, availability, timeliness, quality, continuity, performance, error free or uninterrupted operation/functioning, fitness for a particular purpose, workmanlike effort, non-infringement, lack of viruses or other harmful components of the Services and/or products.
GHARSURE shall not be responsible for the delay or inability to use the GHARSURE Platform unrelated functionalities, the provision of or failure to provide functionalities, or for any information, software, Services, functionalities and related graphics obtained through the GHARSURE Platform, or otherwise arising out of the use of the GHARSURE Platform, whether based on contract, tort, negligence, strict liability or otherwise. Further, GHARSURE shall not be held responsible for non-availability of the GHARSURE Platform during periodic maintenance operations or any unplanned suspension of access to the GHARSURE Platform that may occur due to technical reasons or for any reason beyond GHARSURE’s control. The User understands and agrees that any material or data downloaded or otherwise obtained through the GHARSURE Platform is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material or data. GHARSURE accepts no liability for any errors or omissions, with respect to any information provided to the User.
As a pre-condition of use of the GHARSURE Platform, User warrants to GHARSURE that User shall not use this GHARSURE Platform for any purpose that is unlawful, unauthorized, or inconsistent with these terms, and the User agrees that this license to use GHARSURE Platform will terminate immediately upon User's violation of this warranty. GHARSURE reserves the right, at its sole discretion, to block/terminate User's access to this GHARSURE Platform and its content at any time, with or without notice. The User agrees, acknowledges, confirms and undertakes that the registration data, information/data provided or uploaded onto the GHARSURE Platform by the User:
The Users are prohibited from engaging in the following activities:
When you use the GHARSURE Platform, you agree and understand that you are communicating with GHARSURE through electronic records and you consent to receive communications via electronic records from GHARSURE periodically and as and when required. GHARSURE may communicate with you by email or by such other mode of communication, electronic or otherwise. You specifically agree that GHARSURE shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received. Further, GHARSURE will make best efforts to safeguard the confidentiality of your personally identifiable information available with it, but transmissions made by means of the internet cannot be guaranteed or made absolutely secure. By using this GHARSURE Platform, you agree that GHARSURE shall not be liable for disclosure of your information due to errors in transmission or unauthorized acts of third parties. Without prejudice to the foregoing you agree that GHARSURE shall not be held liable or responsible for 'phishing attacks' on you. You may accept or decline the cookies when you access GHARSURE Platform. It is the User’s responsibility to set his browser to alert him to accept or to reject cookies.
This GHARSURE Platform may at GHARSURE sole discretion, contain links to GHARSURE Platforms owned and maintained by persons or entities other than GHARSURE. GHARSURE may also provide links to the other sites for purpose of enabling the Customer to make payment to GHARSURE. Any of the foregoing links do not constitute an endorsement by GHARSURE of any such sites and are provided only as a convenience. GHARSURE is not responsible for the content or links displayed on such sites. GHARSURE is not responsible for the privacy practices of such sites which GHARSURE does not own, manage or control. GHARSURE does not regularly review, and makes no warranty or representation regarding materials posted, or Services or services offered, on the sites to which this GHARSURE Platform may be linked and GHARSURE shall not be responsible for any deficiency thereof. GHARSURE does not endorse any or all of the materials, Services, and services available on such linked sites, and GHARSURE expressly disclaims responsibility for the contents of any linked site, the accuracy of any information contained in a linked site, and the quality of the Services and services offered at any linked site. Any decision to view the contents of any linked site is solely the responsibility of User and is made at User’s own risk.
GHARSURE Platform and the content posted herein which shall include but shall not be limited to pictures, branding, text, graphics, designs, brand logos, audio, video, interfaces and /or any other information, or the overall arrangement of content is protected and is owned, controlled or licensed by or to GHARSURE; all comments, feedback, ideas, suggestions, information or any other content provided by the User(hereinafter referred to as “GHARSURE IP”). You may not modify, publish, copy, transmit, transfer, sell, reproduce, modify create derivative works from, license, distribute, frame, hyperlink, download, repost, perform, translate, mirror, display or commercially exploit GHARSURE IP in any other way.
The User agrees that any feedback, comments, ideas, suggestions, information, or any other content which User contributes to GHARSURE or GHARSURE Platform (including the name you submit with any content) will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for GHARSURE to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works from, display worldwide, or act on such content without additional approval or consideration in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you waive any claim to the contrary. The User represents and warrants that User owns or otherwise controls all of the rights to the content that he/she may contribute to this GHARSURE Platform and that use of his/her content by GHARSURE shall not infringe upon or violate the rights of any third party.
Without prejudice to and in addition to any other remedies, reliefs or legal recourses available to GHARSURE herein or any applicable laws or otherwise, User agrees to indemnify, defend and hold GHARSURE harmless including but not limited to its affiliate, agents and employees from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by GHARSURE that arise out of or related to your use or misuse of the of the Website, any violation by you of these terms and conditions, or any breach of representations, warranties and covenants made by you herein.
It is hereby further clarified that GHARSURE and Channel Partners are separate and independent entities and GHARSURE does not work as representative or agent of the Channel Partner. By making a reservation/booking at the listed Accommodations the User enters into commercial/ contractual terms as offered by and agreed to between Channel Partner and the User alone.
The User hereby assumes the sole risk of booking or making use or relying on the information relating to the Services available on this Website/ Mobile Application/ Call Center/ Partners. It is User’s responsibility to check the details of the Accommodations listed on the GHARSURE Platform at its sole discretion. GHARSURE shall not be responsible and shall not be required to mediate or resolve any dispute or disagreement between User and Channel Partner. In no event, shall GHARSURE be had a party to dispute between User(s) and Channel Partner(s) except in cases of online payments where GHARSURE shall be considered the first point of contact.
This website uses Mouseflow, a third-party analytics tool, to track page content and click/touch, movement, scroll, and keystroke activity. You can opt-out at http://mouseflow.com/opt-out.
GHARSURE shall not be liable for any damages of any kind whatsoever including but not limited to direct, indirect, incidental, punitive, exemplary and consequential damages, damages for loss of use, data or profits, or other intangible losses, which may arise or are arising from the use of this GHARSURE Platform or any of the information, software, services and related graphics contained within the GHARSURE Platform or any of the Services offered, regardless of whether such damages are based on contract, tort, negligence, strict liability or otherwise, and even if GHARSURE has been advised of the possibility of damages.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN OR ELSEWHERE, GHARSURE'S ENTIRE LIABILITY TO THE USER FOR ANY CLAIM ARISING OUT OF AVAILING GHARSURE SERVICES/ BROWSING THE GHARSURE PLATFORM SHALL BE LIMITED TO THE AMOUNT EQUIVALENT TO THE PRICE PAID FOR THE PRODUCT AND SERVICES GIVING RISE TO SUCH CLAIM.
Governing Law and Jurisdiction: This Agreement, and all transactions entered into on or through GHARSURE Platform shall be interpreted, construed and governed by the laws of India which shall be applicable to this Agreement without regard to principles of conflict of laws. User agrees that all claims, differences and disputes arising under or in connection with or in relation hereto the GHARSURE Platform, the terms or any transactions entered into on or through the GHARSURE Platform or the relationship between User and GHARSURE shall be subject to the exclusive jurisdiction of the courts at Delhi and User hereby accede to and accept the jurisdiction of such courts.
No Waiver: Any failure, delay or forbearance on the part of GHARSURE in: (i) exercising any right, power or privilege under this Agreement; or (ii) enforcing terms of this Agreement, shall not operate as a waiver thereof, nor shall any single or partial exercise by GHARSURE of any right, power or privilege preclude any other future exercise or enforcement thereof.
Severability: The Parties hereto agree that each of the provisions contained in this Agreement shall be severable, and the unenforceability of one or more provisions of this Agreement shall not affect the enforceability of any other provision(s) or of the remainder of this Agreement.
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