The Terms and Conditions set out below ("Conditions") apply to your use of this web site and related web sites (“Site”), including the use of the information & services offered on the Site.In accessing and using the Site, you shall be deemed to have read each and all the Conditions without modification. If you do not agree, please cease use of the site and leave the site immediately.
These Conditions must be read in conjunction with any other applicable terms and conditions governing the use of the Site.
The information available on the Site relates to the hotels and resorts owned and managed by Misty Homes, a corporation constituted under the laws of India, and its subsidiaries, controlled entities, affiliates and related parties (“Misty Homes”).
The services of this Site are available only to individuals who can form legally binding contracts under applicable law, and thus, are not available to minors. By using this Site, You represent that You are of sufficient legal age to use this Site and to create binding legal obligations for any liability You may incur as a result of the use of this Site. You also warrant that You are legally authorized to make the travel reservations and/or purchases for either Yourself or for another person for whom You are authorized to act.
You may only use this Site to make legitimate reservations or purchases and shall not use this Site for any other purposes, including without limitation, to make any speculative, false or fraudulent reservations, or any reservation in anticipation of demand.
This Site is to be used by You for Your personal use only. Commercial uses of this Site are strictly prohibited unless prior written consent from Misty Homes has been granted. You agree that You will not use this Site for chain letters, junk mail, “spamming”, solicitations (commercial or non-commercial) or bulk communications of any kind including but not limited to distribution lists to any person who has not given specific permission to be included in such a list.
You accept that all Information provided on the Site or any other material accessed through the Site including via any Linked Web Site is general information about Misty Homes and is not in the nature of advice.
You also accept that all of the Information is provided on an “as is” basis and to the extent permitted by law, is provided without any warranty, representation or condition of any kind whether express, implied, statutory or otherwise. You assume all responsibility and risk for your use of or reliance upon the Information and the Site or any other material accessed through the Site including via any Linked Web Site.
Misty Homes is not liable for any loss (direct or indirect) resulting from any action taken or reliance made by you on the Information or any other material accessed through the Site including via any Linked Web Site. You should make your own inquiries and seek independent professional advice before acting or relying on any such information or material. Misty Homes may from time to time update, modify or add to the Information, including these Conditions and absolutely reserves the right to make such modifications without any obligation to notify past, current or prospective users of the Site. Unless otherwise specified to the contrary all new Information shall be subject to these Conditions. Misty Homes does not guarantee that the Site will operate continuously or without interruption or be error free. In addition, Misty Homes may also suspend or discontinue any aspect of the Site at any time without being liable for any direct or indirect loss as a result of such action.
The Site contains “Misty Homes” logos, trade and service marks and devices (including the word “Misty Homes”) and other valuable trade or service marks owned by Misty Homes or licensed to Misty Homes to distinguish its offerings. These trade and service marks and related intellectual property are protected from copying and simulation under national and international laws and any reproduction or use of any of the contents of this Site without the express written consent of Misty Homes is prohibited. Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Trademarks without the written permission of Misty Homes.
The information, text, graphics, images, sounds, links, modules and all other information and software published or otherwise contained in the Site (“Information”) are either owned exclusively by Misty Homes or licensed by Misty Homes and except as specifically provided in these Conditions may not be copied, distributed, displayed, reproduced or transmitted, in any form or by any means whether electronic, mechanical, photocopying, recording, or otherwise, without the prior written approval of Misty Homes. Without limitation you may not, without such approval from Misty Homes, create derivative works from any part of the Site or commercialize any Information, products or services obtained from any part of the Site. Information procured from a third party may be the subject of copyright owned by that third party.
In no event shall Misty Homes be responsible for any direct, indirect, special, incidental or consequential loss or damage, however arising and whether in contract, tort or otherwise, which you may suffer in connection with or arising out of:
* your use of the Site or any Linked Web Site; or * your use of or reliance on Information or any other material accessed through the Site including via any Linked Web Site; including without limitation, loss or damage by way of loss of profits, loss of business opportunity, business interruption or loss of information. These Conditions do not purport to exclude liability arising by any applicable law if, and to the extent, such liability cannot be lawfully excluded, however, to the extent permitted by law, all warranties, terms or conditions which would otherwise be implied into these Conditions are hereby excluded. Where applicable law implies any warranty, term or condition, and that law prohibits exclusion or modification of the application of or the liability of Misty Homes under, any such warranty, term or condition, then the liability of Misty Homes shall include liability for that warranty, term or condition but such liability will be limited for a breach of that warranty, term or condition to one or more of the following:
if the breach relates to services, the supply of the services again or payment of the cost of having the services supplied again; and
* if the breach relates to products and the products can be repaired, repair of such products or payment of the costs of having the products repaired, but otherwise, replacement of the products or the supply of equivalent products or payment of the cost of replacing the products or of acquiring equivalent products.
The reservations feature of the Site is provided solely to assist customers in determining the availability of travel related services and products and to make legitimate reservations and for no other purpose. You warrant that you are at least 18 years of age, possess the legal authority to enter into the legal agreement constituted by your acceptance of these Conditions and to use the Site in accordance with such Conditions. You agree to be financially responsible for your use of the Site including without limitation for all reservations made by you or on your account for you, whether authorized by you or not. For any reservations or other services for which fees may be charged you agree to abide by the terms or conditions of supply including without limitation payment of all moneys due under such terms or conditions.
The Site contains details of hotel charges and room rates (including any available SPECIAL PROMOTIONS) for hotels and resorts owned & managed by Misty Homes. Hotel reservation terms and conditions of booking are set out on the Site and payment will be in accordance with the procedure set out in such terms and conditions. No contract will subsist between you and Misty Homes or any of its affiliates in respect of any services or products offered through the Site unless and until Misty Homes accepts your order by e-mail or automated confirmation through the Site confirming that it has accepted your reservation, booking or order and any such contract shall be deemed to incorporate the hotel reservation terms and conditions of booking. Any other relevant terms and conditions relating to particular services or products are set out in the Site. You undertake that all details you provide to in connection with any services or products which may be offered by Misty Homes on the Site (including hotel room reservations) will be correct and, where applicable, the credit card which you use is your own and that there are sufficient funds to cover the cost of any services or products which you wish to purchase. Misty Homes reserves the right to obtain validation of your credit card details before providing you with any services or products.
Misty Homes does not warrant and cannot ensure the security or confidentiality of any information which you transmit to Misty Homes. Accordingly, any information which you transmit to Misty Homes is transmitted at your own risk.
The laws in force in India govern these Conditions and you agree to submit to the exclusive jurisdiction of the courts of India.