Terms & Conditions

PLEASE READ THESE TERMS AND CONDITIONS OF USE (“Terms and Conditions”) CAREFULLY BEFORE USING THIS SITE

Introduction

The Site makes available information relating to Srijan Seva Sadan at Srinagar, Srijan Seva Sadan at Gulmarg, Hotel Welcome Residency managed by Srijan Seva Sadan (H.Ahmad Shahdad & Sons), a company constituted under the laws of India,and its subsidiaries, controlled entities, affiliates and related parties belonging to Srijan Seva Sadan.

1.Use of Website

By using the Site, you are confirming that you are at least 18 years old and have the legal authority to agree to these Conditions and use the Site accordingly. The Site is intended only for individuals and entities who can form legally binding contracts under applicable law. If you are under 18 years old, you should contact the hotel directly for assistance. The materials and information provided on the Site are for informational purposes only and do not constitute legal or professional advice or services. Some of the information on the Site may be provided by franchisees who have control over their own hotel policies and procedures. Commercial use of the Site without written consent from Avana- A Boutique Hotel is strictly prohibited. You may only use the Site to make legitimate reservations or purchases. It is your responsibility to keep your login, password, and account information confidential, and you will be held responsible for any use of the Site by you or anyone using your login information.

While we have made every effort to ensure the accuracy of the information on the Site, we do not guarantee its accuracy or reliability. The materials on the Site were prepared by personnel of our owned and managed hotels and are provided to franchisees and others as a courtesy. We do not intend to exercise any control or oversight over hotel policies and procedures. We also do not guarantee uninterrupted or error-free operation of the Site, and we reserve the right to suspend or discontinue any aspect of the Site at any time without incurring liability for any direct or indirect losses resulting from such actions.

2.Proprietary Rights Information

The Site includes domain names, trademarks, logos, brand names, service marks, illustrations, artwork, videos, music, sounds, photographs, trade names, text, graphics, trade dress, and other valuable marks or files that are the property of Avana- A Boutique Hotel, its subsidiaries, affiliates, or third-party licensors. These marks and files are protected by trademark, copyright, and other intellectual property laws. You are not permitted to modify, reproduce, sell, broadcast, or copy any of our trademarks, logos, or proprietary information, whether in part or in full, in any manner or form, without the express prior written consent of Avana-The Boutique Hotel. It is also prohibited to frame or use framing techniques to utilize our proprietary information without our consent.

3.Restrictions on use of Materials

All materials found on the Site are protected by copyright laws and are the property of Avana- A Boutique Hotel, its subsidiaries, affiliated companies, or third-party licensors. Any software available for download from the Site is also protected by copyright laws and is the work of Avana- A Boutique Hoteland/or its various third-party licensors. Your use of the software is subject to the terms of the accompanying end user license agreement, if any. You are not authorized to install or use any software that is accompanied by or includes a license agreement unless you agree to the terms of the license agreement first. Copying, reproducing, republishing, uploading, posting, transmitting, or distributing any material from the Site or any other Internet site owned, operated, licensed, or controlled by Avana- A Boutique Hotel or its affiliates is strictly prohibited, except for downloading one copy of the materials on a single computer for personal, non-commercial home use only. You must retain all copyright and proprietary notices on such downloaded material.

4.Submissions

If you submit any material or information (collectively referred to as "Submissions") through or in connection with the Site, it will become our exclusive property. As a result, you agree that we have the right to publish any Submissions for any purpose, whether commercial or otherwise, without compensating the provider of the Submissions. Furthermore, you agree not to send any Submissions that infringe upon the rights of any third party.

5.Promotional Information

Information about particular programs, offers or promotions that we are conducting may be provided on the Sites. However, each of these programs, offers or promotions is subject to specific terms, conditions and limitations listed on the Site. We reserve the right to modify or cancel any program, offer or promotion at any time. Additionally, any program, offer or promotion is null and void where prohibited by law. It is important to review and carefully read the terms, conditions and limitations related to each program, offer or promotion listed on the Sites.

6.Links

We are not responsible for the content of any web sites linked to this site and do not review or monitor them. By providing these links, we are not endorsing, sponsoring, or recommending such sites, and we are not responsible for any materials, services, or situations related to or from any other site. You are linking to these web sites at your own risk. Also, you are not allowed to link your web site or any other third party web site to any page of this site other than the brand home page or the specific hotel home page without our prior written consent. We have the right to disable any links from third party sites to this site at any time. These other sites may have their own cookies, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. Advertisers on the Site may send cookies to users that we do not control. We do not provide any representation or warranty (express or implied) regarding any matter relating to the Site and any Linked Web Site, including merchantability, non-infringement of intellectual property rights, or fitness for purpose.

7.Access and Interference

You are not allowed to use any automatic or manual process to copy or monitor the Site or the contents or information on the Site without our prior written consent. You also agree not to use any software or device to disrupt or interfere with the Site or any transactions being conducted through the Site. Unless you have our prior written consent or the appropriate third party, you cannot copy, reproduce, modify, create derivative works, or publicly display any content on the Site. When you provide us with any information, it should not contain any viruses, worms, Trojan horses, time bombs, or other computer programming routines that are intended to damage or interfere with any system or information, and should not cause us to lose the services of our ISPs or other suppliers.

8.Limitation of Liability

We and our subsidiaries, affiliates, agents, representatives, and licensors are not liable for any direct, indirect, special, incidental, or consequential damages, including loss of profits, business interruption, or loss of information, that you or anyone else may suffer from accessing or using the Site or any Linked Web Site. This applies regardless of whether the damages are caused by contract, tort, or other legal theories. We exclude all warranties, terms, and conditions that would otherwise be implied into these Conditions to the extent permitted by law. However, we cannot exclude liability arising under applicable law if that liability cannot be lawfully excluded. If applicable law implies any warranty, term, or condition, then Avana-A Boutique Hotels liability will be limited to either the supply of the service again or the payment of the cost of having the service supplied again, or the repair of the product or the payment of the cost of having the product repaired. We are not responsible for any malfunctions, delays, or failures related to or resulting from the use of the Site or any linked sites, services, or materials, nor are we responsible for any incorrect information caused by technical or human error.

9.Disclaimers

Electronic transmissions, including the internet, are public media, and any use of such media is public and not private. Information related to or arising from such use is public, or the property of those collecting information, and not personal or private information.

You agree that you use the site at your own risk. The content, services and materials in the site are provided "As is" and on an "As available" basis without representations or warranties of any kind express, implied or statutory. We do not make any representations, warranties or endorsements regarding the accuracy, reliability, usefulness or completeness of the services, content or materials in the site or any site linked to it. To the maximum extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, noninfringement, design, accuracy, capability, sufficiency, suitability, capacity, completeness, availability, compatibility or arising from course of dealing or course of performance. We do not warrant that the site or the services, content, materials or functions contained in the site will be continuously available, uninterrupted or error-free, that defects will be corrected, or that the site, services, content, materials or the servers that make the site or such services, content and materialsavailable are free of viruses or other harmful components or are accurate or complete. We do not warrant or make any representations regarding the use or the results of the use of the services, content, materials, functions or products available through the site in terms of their correctness, accuracy, reliability, or otherwise. You assume the entire cost of all necessary servicing, repair, or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. In the event we are held liable for any damages related to such matters, your sole and exclusive remedy will be limited to reimbursement for services or products paid by you to the entity held liable which were not provided by such entity. You hereby waive all rights to bring any claim or action related to such matters in any forum beyond one (1) year after the first occurrence of the kind of act, event, condition or omission upon which the claim or action is based.

We explicitly disclaim any responsibility for the accuracy, content, or availability of information found on sites that link to or from the Site. We cannot ensure that you will be satisfied with any products or services that you purchase from the Site or from a third-party site that links to or from the Site or third-party content on the Site. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against the Indemnified Parties with respect to such sites and third-party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

The Indemnified Parties cannot be held responsible for any malfunctions, failures, delays or difficulties related to telephone, electric, electronic, network, internet, computer, hardware or software programs. They are also not liable for late, lost, stolen, incomplete, garbled, misdirected, mutilated or postage due mail, e-mail, form postings, connections, messages or entries, or for the security of such matters. The Indemnified Parties are not responsible for incorrect or inaccurate entry information or any technical or human errors in processing information related to the Site.

In case any part of the Site is unable to function as planned due to causes beyond the control of HWI, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes, we reserve the right to prohibit the use of the Site and to cancel, terminate, modify or suspend it or any portion thereof, and void any related information.

The Indemnified Parties are not liable for any injury, loss, or damage to your computer, or interception or use of credit card information related to or resulting from the use of the Site, or any linked sites, services, or materials. They are also not liable for any injury, loss, claim or damage resulting from the operation or non-operation of any part of the Site on your computers or networks.

We act as a venue for suppliers to sell products and services, and buyers to purchase such items. We have no control over the quality, safety, or legality of the items advertised, the truth or accuracy of the listings, or the ability of suppliers to sell items, or the ability of buyers to buy items. We cannot ensure that a buyer or supplier will actually complete a transaction.

We do not control the information provided by other users of the Site. There are risks involved in dealing with foreign nationals, underage persons or people acting under false pretense. While we aim to ensure that product descriptions are current and accurate, we make no warranty or representation that descriptions of products in the Site are accurate, complete, current, or reliable in all respects. If a product is not as described, your only recourse is to return it in unused condition in accordance with the supplier's return policy.

No oral advice or written correspondence or information provided by us or any of the indemnified parties will create a warranty of any kind and users should not rely on any such information or advice. We reserve the right, in our sole and absolute discretion and without notice, to correct any errors or omissions in any portion of the site, or to deny access to the site to anyone at any time. Neither we nor any of the indemnified parties, shall have any liability arising from your reliance upon the information provided on the site.

The Site may contain technical inaccuracies or typographical errors or omissions. Avana-A Boutique Hotel is not responsible for any typographical, photographic, technical or pricing (including without limitation mistaken hotel rates) errors listed on our Site. We reserve the right to cancel or modify reservations where it appears that a customer has engaged in fraudulent or inappropriate activity or under other circumstances where it appears that the reservations contain or resulted from a mistake or error.

10.Governing Law & Jurisdiction

The Site's products and services may not be accessible in your area, and we do not guarantee that the services and products presented on the Site are appropriate or accessible for use in a particular location. Individuals who decide to access the Site are responsible for adhering to applicable local laws, if any. If utilizing the Site and/or accessing any content, materials, or services on it infringes or violates any applicable laws in your location, you are not allowed to view or use the Site and must leave the Site immediately.

Any disputes arising out of or related to the Site shall be governed by and constructed and enforced in accordance with, the laws of India and you shall submit to the exclusive jurisdiction of the courts of New Delhi (INDIA).

11.Indemnification

You agree to indemnify and hold Avana- A Boutique Hotel and its subsidiaries, affiliates, officers, directors, agents and employees harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your breach of this agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party. Avana-A Boutique Hotels failure to act with respect to breach by you or others does not waive its rights to act with respect to subsequent or similar breaches.

12.Termination

These terms will be valid until either party terminates them. You can end these terms at any time by stopping the use of the Site and getting rid of all materials obtained from the Site, including related documentation and any copies and installations. If you fail to comply with any provision of this Agreement, we may, in our sole discretion, terminate your access to the Site immediately without any notice. After the termination, you must stop using the Site and remove all materials obtained from it, including any copies made under the terms of this Agreement or otherwise. Notwithstanding the termination of this Agreement, you acknowledge and agree that those rights and obligations which by their nature are intended to survive the termination of this Agreement in order to be fully operative, shall survive the termination of this Agreement including, without limitation, the provisions hereof: (i) Restrictions on Use of Materials; (ii) Submissions; (iii) Disclaimers; (iv) Indemnification; (v) Limitations of Liability; and (xi) Governing Laws & Jurisdiction.

13.General

These Terms and Conditions, along with Avana-A Boutique Hotels Privacy Policy, represent the entire agreement between the parties in regard to the use of this Site. If any provision of these Terms and Conditions is deemed invalid, illegal, or unenforceable for any reason, that provision shall be removed from the remaining terms and conditions, and it shall not affect the validity and enforceability of the other provisions. Avana-A Boutique Hotels has the right to revise these terms and conditions at any time by updating the posting, and such changes will be effective immediately unless otherwise specified.

These Terms and Conditions and the use of the Site do not create any agency, partnership, joint-venture, franchisee-franchisor, or employee-employer relationship.