Terms of Service
This agreement (the "Agreement") is entered into by and between you ("you") and Adah Hospitality Pvt. Ltd. (The Kasbah Resort) regarding your use of the web portal www.thekasbahresort.com (the "Service"). By submitting a question or comment to the service, you are entering into this agreement with The Kasbah Resort and indicating that you agree to be bound by these terms and conditions. If you do not agree with these terms and conditions as stated, please do not use the services.
2. Proper Use: You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations. Furthermore, you agree that you will not submit questions or comments that are unlawful, defamatory, harassing, abusive, fraudulent, obscene, contain viruses, intended to advertise or sell goods or services, or are otherwise objectionable. You further agree not to submit questions or comments designed to elicit responses that relate to illegal activity or that infringe upon another party's intellectual property rights. You may not sell, use, reproduce, modify, edit, translate, publish, perform, display, post, transmit and distribute information for any public or commercial purpose without the written permission of The Kasbah Resort. The Kasbah Resort does not edit, screen, filter, modify, or otherwise monitor the content of questions or comments in advance of initially posting or displaying such content on the Service. The Kasbah Resort takes no responsibility for third party content, nor does The Kasbah Resort have any obligation to monitor such third party content. Nonetheless, The Kasbah Resort reserves the right not to respond to or use questions or comments that violate the foregoing conditions and to delete or edit questions or comments, in whole or in part, from the Service at any time for any reason. Further The Kasbah Resort reserves the right to refuse Service to anyone at any time without notice for any reason and to remove objectionable or personally identifiable information from any comments or research questions in its use of such questions and/or comments. The Kasbah Resort will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement.
3. Confidentiality – Use of Information: The questions or comments you submit and the responses you receive do not form the basis for a professional-client relationship, including but not limited to attorney-client, physician-patient, or therapist-patient and are not subject to standards or requirements of confidentiality and/or privilege associated therewith. Furthermore, The Kasbah Resort shall have the perpetual, irrevocable, non-exclusive right to use, reproduce, modify, edit, translate, publish, perform, display, post, transmit and distribute ("Use") your query and comments without compensation to you, anonymously or in the aggregate, for internal or external purposes, alone or as part of other works in any form, media, or technology, whether now known or hereafter developed and to sublicense such rights. The Kasbah Resort will not, however, publicly disclose your questions or comments in a manner that directly associates them with you (except where you include personally identifiable information in a question or comment and such question or comment is Used by The Kasbah Resort as provided).
4. Payment Terms: The Kasbah Resort will bill you in advance whenever you use any of the paid Services whenever offered, including advertisements and promotional aspects.
You shall pay The Kasbah Resort a minimum, non-refundable fee as agreed upon, without any reduction or offset of any kind. You shall also pay any taxes imposed by governmental agencies of whatever kind and imposed with respect to all transactions under the Agreement, including penalties and interest (if any). When The Kasbah Resort has the legal obligation to pay or collect such taxes, the appropriate amount shall be billed to and paid by you.
5. Refund Policy: You may request a refund for any fee by submitting your request and the reason for your request to The Kasbah Resort by the means and within the time limits specified in the then-current FAQ for the Service. All reasonable refund requests will be honored.
6. No Warranty: The information provided by The Kasbah Resort pursuant to this Service is derived from various internet search engines or other public reference sources (the "Information") and is provided by The Kasbah Resort to assist in your research. The Information has not been verified, however, The Kasbah Resort represent that it is accurate, correct, complete, reliable, or otherwise valid. The Kasbah Resort does not endorse or recommend, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned in any information displayed. Further The Kasbah Resort does not endorse or support any opinion expressed in a question, comment, or response. THE INFORMATION AND SERVICE IS PROVIDED "AS IS" WITH NO WARRANTY OF ANY KIND AND YOU USE THE SERVICE AT YOUR OWN RISK. THE CONTENT OF THE QUESTIONS AND COMMENTS IS PROVIDED BY AND IS THE RESPONSIBILITY OF THE PERSON POSTING SUCH ITEMS. The Kasbah Resort Sonipat EXPRESSLY DISCLAIM ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING THE SERVICE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Some states do not allow the exclusion of warranty, so the above exclusions may not apply to you.
7. Limitation of Liability: UNDER NO CIRCUMSTANCES WILL The Kasbah Resort BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE SERVICE WHETHER OR NOT The Kasbah Resort HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL The Kasbah Resort BE LIABLE TO YOU FOR ANY AMOUNT FOR SERVICES RENDERED OR INFORMATION PROVIDED PURSUANT TO THIS AGREEMENT, RATHER YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE THE REFUND OF FEES ACTUALLY PAID BY YOU TO The Kasbah Resort FOR ANY INSTANCE OF USE OF THE SERVICES THAT GIVES RISE TO A CLAIM. TO THE EXTENT THAT ANY QUESTION, COMMENT, OR RESPONSE REFERS TO ANY PRODUCT, MANUFACTURER, DISTRIBUTOR, COMPANY, SERVICE OR SERVICE PROVIDER, The Kasbah Resort EXPRESSLY DISCLAIMS ANY ASSOCIATION WITH, ENDORSEMENT OF OR LIABILITY FOR ANY SUCH PRODUCT, MANUFACTURER, DISTRIBUTOR, COMPANY, SERVICE OR SERVICE PROVIDER. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation and exclusions may not apply to you.
8. Hold Harmless and Indemnity: You agree to hold harmless and indemnify The Kasbah Resort , its employees, agents and representatives, from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, The Kasbah Resort will provide you with written notice of such claim, suit or action.
9. Release and Waiver: To the maximum extent permitted by applicable law, you hereby release, and waive all claims against The Kasbah Resort and its employees and agents from any and all liability for claims, damages (actual and consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature, arising out of or in any way connected with use of the Service. Residents of all nations waive their rights under applicable and/or analogous laws, statutes, or regulations.
10. No Assignment: You shall not assign this Agreement or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without The Kasbah Resort's prior written consent. Any such purported assignment or delegation by you without The Kasbah Resort's prior written consent will be null and void and of no force or effect, unless otherwise expressly consented to by The Kasbah Resort at its sole and absolute discretion.
11. Relationship of the Parties: Notwithstanding any provision hereof, for all purposes of this Agreement each party shall be and act as an independent contractor and not as partner, joint venture, agent, employee or employer of the other and shall not bind nor attempt to bind the other to any contract.
12. Arbitration: Any controversy or claim arising out of or relating to this Agreement shall be settled by binding arbitration in accordance with the Indian commercial arbitration rules. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The decision of the arbitrator shall be final and unappealable. The arbitration shall be conducted in Sonipat, India and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Notwithstanding anything to the contrary, The Kasbah Resort may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.
13. Miscellaneous: If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced. The Kasbah Resort's failure to act with respect to a breach by you or others does not waive The Kasbah Resort's right to act with respect to subsequent or similar breaches. The failure of The Kasbah Resort to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision. The section headings and subheadings contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement. This Agreement shall be interpreted in accordance with the Indian laws. This Agreement constitutes the entire agreement between The Kasbah Resort and you with respect to the subject matter hereof.