TERMS OF USE / USER AGREEMENT
This document is an electronic record in terms of the Indian Information Technology Act, 2000 and
rules made there under as applicable and the amended provisions pertaining to electronic records
in various statutes as amended by the Information Technology Act, 2000. This electronic record
is generated by a computer system and does not require any physical or digital signatures.
This document is published in accordance with the provisions of Rule 3 (1) of the Indian
Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules
and regulations, privacy policy and user agreement for access or usage of www.roomsxpert.com
website.
- Your access and use of the online portal www.roomsxpert.com , its features
and
functionalities, associated applications, its related sites, services and tools (hereinafter
referred to as the “Website” ) is governed by the
terms and conditions as contained in these Terms of Use or User
Agreement (“Agreement”).
- For the purpose of this Agreement, the term Registered User / Guest User, and wherever the
context so require '“you”, “your”, shall mean any natural or legal
person who is accessing the Website, its contents and using the services offered on or
through the Website and / or has agreed to become a member / subscriber of the Website by
providing the Account Information (as defined hereinafter) while registering on the Website
as Registered User / Guest User using the computer systems of the Website and accepted this
electronic version / electronic record of the Agreement and has allocated himself/herself a
unique identification User name ("User ID" and "Password") to become Registered User or have
been identified as Guest User by providing phone number and email id. Further, all
references to “we”, “us”, “our” and
“ Roomsxpert ” shall mean Rashvee Digital Services Pvt Ltd and
includes its associates, affiliates and subsidiary/subsidiaries.
- While accessing the Website or availing services offered therein, you provide to us
necessary information, data, login id, passwords, usernames, PINs, email address, mobile
number, other log-in information, materials or other contact information and content
(collectively “Account Information ”). In order for the
Website and functionalities and tools available therein to function effectively, you must
also keep your Account Information up to date and accurate. In case you become aware of any
unauthorized use of your Account Information, you should notify us immediately. By providing
us with your e-mail address, you agree to receive all required notices electronically, to
the e-mail address provided.
- You agree and understand that you are responsible for maintaining the confidentiality of
your password which, together with your login ID, e-mail address, would allow you to access
the Website and facilities and functionalities therein.
- You agree to license, free of any fee or charge, the Account Information to us for the
purpose of providing the access and use of Website and services therein and for analytics
purposes. By submitting Account Information, you represent that you are entitled to submit
it to us for use for this purpose, without any obligation on our part to pay any fees or
charges or other limitations.
- The use of the Website and services offered therein is offered to you strictly subject to
your ‘Acceptance’ of all the terms, conditions and notices contained in this
Agreement. Upon “Acceptance”, this Agreement shall be effective and binding upon
you along with any amendments made thereto by the us, from time to time, as published on the
Website. You agreed to have completely read and understood this Agreement and shall not
claim invalidity of this Agreement merely on the grounds that this Agreement is being
concluded electronically. For the aforesaid purposes, 'Acceptance' shall mean your
affirmative action in clicking on 'check box' and on the 'continue button' as provided on
the registration page or clicking on 'Book Now' button while transacting as Guest User or
any act which reflects your use of the Website or the services provided by the Website or
any such other actions that implies your acceptance. Notwithstanding anything, your access
and use of the Website or any service therein or any information, content, tools, features
and functionality located on the Website constitutes your agreement, ratification and
acceptance and to be bound by the Agreement.
- This Agreement is being concluded and executed at between you and us at New Delhi.
- Your use of the Website implies that you agree with the terms of the Agreement. If you do
not agree or are not willing to be bound by the terms and conditions of this Agreement and
rules and policies as displayed on the Website, please do not click on the "check box "
and/or on the "continue" button and/or “confirm” and/or "Buy Now" button and do
not seek to obtain access to or otherwise use the Website.
- The Agreement is a legal contract between you being, an individual customer, user, or
beneficiary of the Website and the services therein, and us.
- By accepting this Agreement, you also accept and agree to be bound by our Rules and Policies
as provided from time to time, including the Privacy Policy.
- We act as an “Intermediary” solely to assist customers in gathering travel
information, determining the availability of travel-related products and services, making
legitimate reservations or otherwise transacting business with travel suppliers, and for
facilitating travel requirements. You acknowledge that we and the Website merely provides
intermediary services in order to facilitate services to you. We are not the last mile
service provider to you and therefore we are not and shall not be deemed to be responsible
for any lack or deficiency of services provided by any person or entity including hotel,
guest house, other accommodation provider or similar agency), that you shall engage, hire
from the content available on the Website.
Amendments to the Agreement
- When you use any of the services provided by us through the Website, including but not
limited to reviews etc., you will be subject to the rules, guidelines, policies, terms, and
conditions applicable to such service, and they shall be deemed to be incorporated into this
Agreement and shall be considered as part and parcel of this Agreement. We reserve the
right, at our sole discretion, to change, modify, add or remove portions of the Agreement,
at any time without any prior written notice to you. It is your responsibility to review
this Agreement periodically for updates / changes. Your continued use of the Website
following the posting of changes will mean that you accept and agree to the revisions. As
long as you comply with the provisions of this Agreement, we grant you a personal,
non-exclusive, non-transferable, limited privilege to enter and use the Website.
Use of the Website
- Your right to access and use of the Website and the service offered therein is personal to
you and is not transferable by you to any other person or entity. You are entitled to access
and use the Website only for lawful purposes.
- Your access and use of the Website may be interrupted from time to time for any of several
reasons, including, without limitation, the malfunction of equipment, periodic updating,
maintenance or repair of the Website or other actions that we, in its sole discretion, may
elect to take. We may not always be able foresee or anticipate technical or other
difficulties that may result in failure to obtain data or loss of data, personalization
settings or other service interruptions. We do not assume any responsibility for the
timeliness, accuracy, deletion, non-delivery or failure to store any user data,
communications or personalization settings.
- As a condition of your use of this Website, you represent and warrant that:
- you possess the legal authority to create a binding legal obligation and enter into this
Agreement;
- you will use this Website in accordance with the terms of the Agreement;
- you will use this Website to make only legitimate reservations for you or for another person
for whom you are legally authorized to act;
- you will inform such other persons about all the terms and conditions of the Agreement that
apply to the reservations you have made on their behalf, including all rules and
restrictions applicable thereto;
- you will provide your proper and accurate name (as per passport or any other official
identification document), address, e-mail id., mobile phone number. You will be
solely
responsible for the information provided by you and in case of any error or mistake in
provision of information, we will not be liable for the same in any manner;
- all information supplied by you on this Website is true, accurate, current and complete;
- if you have an online account with the Website, you will safeguard your access and login
details like the login ID and password and will supervise the same. You will be completely
responsible for any use or misuse of your account by you and anyone other person other than
you whom may have gained access to your access details for actions and omissions
attributable to you.
- all information you supply to us, about yourself, and others, is true and accurate.
- We retain the right in our sole discretion to deny access to anyone to this Website and the
services we offer, at any time without notice and for any reason, including, but not limited
to, for violation of the terms of the Agreement.
Communication Policy of the Website
- Upon transacting on the Website, you will receive an e-mail from us informing you about the
status of your transaction. The e-mail will be sent to e-mail address provided by you and we
shall not be responsible towards the receipt of the said e-mail in your inbox. You are
solely responsible for entering the proper and accurate contact details including your name
(as per passport), email ID to ensure that we can effectively communicate with you.
- You acknowledge that the SMS (Short Messaging Service) provided by us is an additional
facility provided for your convenience. In case you do not receive any SMS for whatsoever
reason, we are and shall not be liable for the same.
- We are not responsible to provide information on any change status of hotel/ lodge/ guest
house etc.
- Any grievance regarding the service availed from the Website should be communicated as per
the grievance policy laid out herein.
- We may from time to time provide automatic alerts and voluntary account-related alerts.
Automatic alerts may be sent to you following certain changes made online to your Website
account, such as a change in your Account Information. You do not need to activate these
alerts. Although you may have the option to turn off some of these automatic alerts, we
recommends that you leave them on, since they may be security-related.
- You understand and agree that any alerts provided to you may be delayed or prevented by a
variety of factors. We do our best to provide alerts in a timely manner with accurate
information. We do not guarantee the delivery or the accuracy of the content of any alert.
You explicitly agree that we shall not be liable for any delays, failure to deliver, or
misdirected delivery of any alert, for any errors in the content of an alert, or for any
actions taken or not taken by you or any third party in reliance on an alert.
Website and its Content
- This Website and the services offered thereon is only for your personal use. You shall not
copy, license, adapt, distribute, exchange, modify, sell or transmit any content or material
from the Website, including but not limited to any text, images, audio, video or links for
any business, commercial or public purpose.
- We grant you a non-exclusive, non-transferable, limited right to enter, view, use and
transact on this Website. You agree not to interrupt or attempt to interrupt the operation
of the Website in any way. The access to certain areas of the Website may only be available
to registered members. To become a registered member, you may be required to answer certain
questions and provide certain details. Answers to such questions and details are mandatory.
- You understand that except for information, products or services clearly indicated on the
Website as being supplied by us, we do not operate, control, or endorse any information,
products or services on the internet in anyway. You also understand and agree that we cannot
and do not guarantee or warrant that files available for downloading through the Website
will be free of viruses, worms or other code that may be damaging. You are responsible for
implementing procedures to satisfy your particular requirements and for accuracy of data
input and output.
- We may add, change, discontinue, remove or suspend any other Content or services posted on
the Website, including features and specifications of products described or depicted on the
Website, temporarily or permanently, at any time, without notice and without liability.
- You understand and agree that you are prohibited from doing any of the following:
- Infecting the Website, including by posting or transmitting any file which contains viruses,
worms, trojans or any other damaging features, or that otherwise interferes with the proper
working of the Website;
- Using any automated data gathering or extraction tools, program, algorithm or methodology,
including robot, spider, scraper, deep link, to access, acquire, copy or monitor the Website
or any portion of the Website, without our express written consent;
- Deciphering, decompiling, or reverse-engineering any of the software comprising or in any
way making up a part of the Website, or attempting any of the actions mentioned above.
Ownership
- All materials on this Website, including but not limited to audio, images, software, text,
icons and such like (the “ Content ”), are protected
by copyright under intellectual property laws. You cannot use or license the Content, except
as specified herein. You agree to follow all instructions on the Website limiting the way
you may use the Content. There are a number of proprietary logos, service marks and
trademarks found on this Website whether owned/used by us or otherwise. By displaying them
on this Website, we are not granting you any license to utilize those proprietary logos,
service marks, or trademarks. Any unauthorized use of the Content may violate copyright
laws, trademark laws, the laws of privacy and publicity, civil and criminal statutes.
- The appearance, layout, 'look and feel', including text, graphics, images, logos and button
icons appearing on the Website, photographs, editorial content, documents, notices, software
and other materials are sole property of ours and are subject to protection under the
applicable intellectual property and other laws.
- The content and information on this Website (including, but not limited to, price and
availability of hotel and other temporary accommodation services), as well as the
infrastructure used to provide such content and information, is proprietary to us or our
suppliers and services providers. While you may make limited copies of your travel itinerary
(and related documents) for travel or service reservations booked through the Website, you
are not permitted to and you agree not to otherwise modify, copy, distribute, transmit,
display, perform, reproduce, publish, license, create derivative works from, transfer, or
sell or re-sell any information, software, products, or services obtained from or through
the Website.
Availability, Rules of Service
- The products and services displayed on the Website may not be available for purchase in your
particular country or locality. The reference to such products and services on the Website
does not imply or warrant that these products or services will be available at any time in
your particular geographical location. The products and services offered or listed on the
Website are subject to availability. We shall not be responsible or liable in any manner if,
at the time of completing the transaction on the Website, the product or service or other
offerings is not available or is sold out. You should check with customer support for the
availability of specific products and services in your area.
- All the products and services available on the Website are governed by the rules,
regulations and policies of the respective service provider. You are requested to refer to,
acquaint and abide by those rules of service and regulations of the respective service
provider, prior to using the Website to make bookings and transactions.
Visa Guidelines
- Please carry a valid visa for the country you will be visiting. Please check with the
concerned airline and embassy for concerned visa requirements. We shall not be liable for
any cancellation or non-availability of hotel, property or other accommodation due to
non-fulfilment of Visa requirements.
Our Rights
- If you send any communications or materials to us by electronic mail or otherwise, including
any comments, data, questions, suggestions or the like, all such communications are, and
will be treated by us, as non-confidential, unless you specifically specify so.
- You hereby give up any and all claims that any use of such material would any of your rights
including moral rights, privacy rights, proprietary or other property rights, publicity
rights, rights to credit for material or ideas, or any other right, including the right to
approve the way we use such material.
- Any material submitted to the Website may be adapted, broadcasted, changed, copied,
disclosed, licensed, performed, posted, published, sold, transmitted or used by us anywhere
in the world, in any medium, forever.
Others’ rights
- If the Website contains bulletin boards, chat rooms, blogs, access to mailing lists or other
message or communication facilities, you agree to use the same only to send and receive
messages and materials that are proper and related thereto. By way of example and not as a
limitation, you agree that when using the Website or any facility available thereon, you
shall not, directly or indirectly, do any of the following:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights
of privacy and publicity) of others;
- Publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent or
unlawful material or information;
- Upload or attach files that contain software or other material protected by intellectual
property laws (or by rights of privacy and publicity) unless the user owns or controls the
rights thereto or has received all consents thereof as may be required by law;
- Upload or attach files that contain viruses, corrupted files or any other similar software
or programs that may damage the operation of another’s computer;
- Delete any author attributions, legal notices or proprietary designations or labels in any
file that is uploaded;
- Falsify the origin or source of software or other material contained in a file that is
uploaded;
- Advertise or offer to sell any goods or services, or conduct or forward surveys, contests or
chain letters, or download any file posted by another user of a forum that the user knows,
or reasonably should know, cannot be legally distributed in such manner;
- use the Website or its contents for any commercial purpose;
- make any speculative, false, or fraudulent reservation or any reservation in anticipation of
demand;
- access, monitor or copy any content or information of the Website using any robot, spider,
scraper or other automated means or any manual process for any purpose without our express
written permission;
- violate the restrictions in any robot exclusion headers on the Website or bypass or
circumvent other measures employed to prevent or limit access to this Website;
- take any action that imposes, or may impose, in our discretion, an unreasonable or
disproportionately large load on our infrastructure;
- deep-link to any portion of the Website (including, without limitation, the purchase path
for any travel services) for any purpose without our express written permission;
- ‘frame’, ‘mirror’ or otherwise incorporate any part of the Website
into any other website without our prior written authorization; or
- host, display, upload, modify, publish, transmit, update or share any information that:
- belongs to another person for which the user does not have any right;
- is hateful, grossly harmful including harmful to minors, paedophilic, invasive of
another’s privacy, racially, ethnically objectionable, disparaging, encouraging
money laundering or gambling;
- infringes any patent, trademark, copyright or other proprietary rights;
- deceives or misleads the addressee about the origin of such message or communicates any
information which is grossly offensive or menacing in nature;
- threatens the unity, integrity, defence, security or sovereignty of India, friendly
relation with foreign states or public order or cause incitement to the commission of
any cognizable offence or prevents investigation of any offence or insulting any other
nation;
- impersonates another person.
- If your access or use of the Website, bookings thereon or account shows signs of fraud,
abuse, or any suspicious activity, we reserve the right to cancel any travel or service
reservations associated with your name, email address, or account, and close any associated
accounts with the Website. In addition, we may verify (i.e. preauthorize) your credit card.
If you have conducted any fraudulent activity, we reserve the right to take any necessary
legal action and you may be liable for monetary and other losses to us, including litigation
costs and damages.
- To contest the cancellation of a booking or freezing or closure of an account, you may
contact our customer service.
- We reserve the right to undertake all necessary steps to ensure that the security, safety
and integrity of our systems as well as our client’s interests are and remain,
well-protected. Towards this end, we may take various steps to verify and confirm the
authenticity, enforceability and validity of orders placed by you. If we, in our sole and
exclusive discretion, conclude that the said transactions are not or do not reasonably
appear to be, authentic, enforceable or valid, then we may cancel the said orders at any
time up before the expected date of visit to any hotel or other accommodation property
booked through the Website.
Payments
- We use third party payment providers to receive payments from the users. We are not
responsible for delays or erroneous transaction execution or cancellation of orders due to
payment issues. We take utmost care to work with 3rd party payment providers, but do not
control their systems, processes, technology and work flows, hence we cannot be held
responsible for any fault at the end of payment providers.
Transmitted Material
- Internet transmissions are never completely private or secure. You understand and agree that
any message or information you send to the Website may be read or intercepted by others
unless there is a special notice that a particular message (for example, credit card
information) is encrypted (sent in code). Sending a message to us does not cause us to have
any special responsibility to you.
- The copyright in the contents of the Website belong to us. Accordingly, we reserves
all
rights in the same. Copying of part or all the contents of the Website without our
permission is prohibited except to the extent that such copying/printing is necessary for
the purposes of availing of the paid services provided.
Offers, Contests and interactions
- The Website may contain contests that require you to send in material or information about
yourself or offer prizes. Each offers, contest and interactions has its own rules,
which you
must read and agree to before you participate.
Disclaimer and No Warranties
- You acknowledge and agree that we are an intermediary and are not liable for any 3rd party
(suppliers or service providers etc.) obligations due to rates, quality, and all other
instances, whether to any such subscribers or otherwise. You expressly agree that use of the
services and the Website is at your sole risk. It is your responsibility to evaluate the
accuracy, completeness and usefulness of all opinions, advice, services, merchandise and
other information provided through the Website or on the internet generally. We do not
warrant that the service will be uninterrupted or error-free or that defects in the Website
will be corrected.
- The materials on this Website are provided and “as available,” “with all
faults” basis and without warranties or representations of any kind either expressed
or implied. The information, software, products, and services contained on this Website, and
the inclusion or offering of any products or services on this Website do not constitute any
endorsement or recommendation of such products or services by us, our affiliates and their
respective suppliers. The material in this Website could include technical inaccuracies or
typographical errors. We may make changes or improvements at any time. To the fullest extent
permissible pursuant to applicable law, we disclaim all warranties of merchantability,
relating to the information and description of the hotel or other accommodation, price or
any other travel products displayed on this Website (including, without limitation, the
pricing, photographs, list of amenities, general product descriptions, etc.), much of which
information is provided by the respective suppliers. The ratings or reviews displayed on
this Website are intended as only general guidelines, and we, our affiliates and their
respective suppliers do not guarantee the accuracy of the ratings.
- We, our affiliates and their respective suppliers make no guarantees about the availability
of specific products and services. We may make improvements and/or changes on this Website
at any time. We and our third party suppliers, licensors, and partners do not warrant
or
make any representations regarding the use or the results of the use of the services, the
Website or any reference sites in terms of correctness, accuracy, reliability, or otherwise.
- We do not warrant that the functions contained in this Website will be uninterrupted or
error free, that defects will be corrected, or that this Website or the servers that make it
available are free of viruses or other harmful components, but shall endeavour to ensure
your fullest satisfaction.
- We do not warrant or make any representations regarding the use of or the result of the use
of the material on the Website in terms of their correctness, accuracy, reliability, or
otherwise, insofar as such material is derived from other service providers such as hotel
owners, tour operators etc.
- You acknowledge that the access and use of the Website is provided only on the basis set out
in this Agreement. Your uninterrupted access or use of the Website on this basis may be
prevented by certain factors outside our reasonable control including, without limitation,
the unavailability, inoperability or interruption of the internet or other
telecommunications services or as a result of any maintenance or other service work carried
out on the Website. We do not accept any responsibility and will not be liable for any loss
or damage whatsoever arising out of or in connection with any ability/inability to access or
to use the Website.
Indemnification and Limitation of Liability
- You agree to indemnify, save, and hold us, our affiliates, contractors, employees, officers,
directors and agents harmless from any and all claims, losses, damages, and liabilities,
costs and expenses, including without limitation legal fees and expenses, arising out of or
related to your use or misuse of the Services or of the Website, any violation by you of
this Agreement, or any breach of the representations, warranties, and covenants made by you
herein.
- In no event will we be liable to you for any special, indirect, incidental, consequential,
punitive, reliance, or exemplary damages (including without limitation lost business
opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or
non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to (i)
this agreement, (ii) the services, the Website or any reference site, or (iii) your use or
inability to use the services, the Website (including any and all materials) or any
reference sites.
- In no event will we or any of our contractors, directors, employees, agents, third party
partners, licensors or suppliers’ total liability to you for all damages, liabilities,
losses, and causes of action arising out of or relating to
- this Agreement,
- the Services,
- your use or inability to use the Services or the Website (including any and all Materials)
or any reference sites, or
- any other interactions with us, however caused and whether arising in contract, tort
including negligence, warranty or otherwise, exceed the amount paid by you, if any, for
using the portion of the Services or the Website giving rise to the cause of action or Rupee
One Thousand (Rs.1000/-) only, whichever is less.
Privacy Policy
- We believe in protecting your privacy. Please click here to review our current Privacy
Policy, which also governs your use of the Website, to understand our practices.
Notice
- We may provide you with notices and communications by email, regular mail or postings on the
Website or by any other reasonable means. Except as otherwise set forth herein, any
communication to us must be sent by courier or registered mail to our office
at [Suite No 304, 3rd Floor, Vardhman Sunder Plaza, Plot No 12, Sector 12,
Dwarka, New Delhi - 110078].
Waiver
- Our failure to exercise or enforce any right or provision of this Agreement will not
constitute a waiver of such right or provision. Any waiver of any provision of this
Agreement will be effective only if in writing and signed by us.
Severability
- This Agreement represents the entire understanding and agreement between you and us
regarding the subject matter of the same, and supersedes all other previous agreements.
- If any clause of the Agreement shall be deemed invalid, void or for any reason
unenforceable, such clause shall be deemed severable and shall not affect the validity and
enforceability of the remaining clauses of the Agreement.
Arbitration
- If any dispute arises between you and us during your use of the website or thereafter, in
connection with the validity, interpretation, implementation or alleged breach of any
provision of the Agreement, or the documents incorporated herein by reference, the dispute
shall be referred to a sole arbitrator who shall be an independent and neutral third party
identified and nominated by us. The place of arbitration shall be New Delhi, India. The
arbitration proceedings shall be in the English Language and shall be governed by
Arbitration & Conciliation Act, 1996.
Governing Law and Forum for Disputes
- The Agreement and other documents incorporated herein by reference shall be governed and
construed in accordance with the laws of India. Subject to arbitration clause above, all
disputes arising under this Agreement between you and us shall be subject to the exclusive
jurisdiction of courts at New Delhi, India.
Grievance Policy
- You can file a grievance / share feedback if you are disappointed with the services rendered
by us or any other issues. You can give your grievance / feedback through email or
registered post.
- In order to make our redressal channels more meaningful and effective, a structured system
has been put in place. This system will ensure that the complaints are redressed seamlessly
and well within the stipulated timeframe.
- In accordance with Information Technology Act, 2000 and rules made there under, the name and
contact details of the Grievance Officer is published herewith: