A. TERMS OF SALE
The deals that you find here are redeemable for goods or services by the seller of these goods and services. The Service Provider, not LushManaliHotels, is the seller of the services. Neither LushManaliHotels nor the Service Provider shall have any liability in the event you lose or miss to avail the services at the required time. The deals are not the property of LushManaliHotels, they belong to the respective third party Service Provider. As such, Service Provider shall be fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by the Service Provider.
1. General: www.lushmanalihotels.com ("Website") is an Internet based portal owned and operated by LushManaliHotels, a company incorporated under the laws of India, with its office at Faridabad, Haryana, India. Use of the Website is offered to you conditioned on acceptance of all the terms, conditions and notices contained in these Terms, along with any amendments made by LushManaliHotels at its sole discretion and posted on the Website.
2. Functionalities Offered: This Website is an information gateway to Manali, Manali Hotels, Manali Hotel Packages, Budget Hotels in Manali and Cheap Hotels in Manali, their day to day offers, Manali holiday discount offers and Manali tour packages.
5. User Obligations: You agree and undertake to use the Website only to post and upload material that is proper. By way of example, and not as a limitation, you agree and undertake that when using the Website, you will not: Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others; Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information through any bookmark, tag or keyword; Upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents; Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer; Conduct or forward surveys, contests, pyramid schemes or chain letters; Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner; Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service; Violate any applicable laws or regulations for the time being in force in or outside India; Violate any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere herein; and Reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website. Notwithstanding anything to contrary, LushManalihotels's entire liability to you shall be the refund of the money charged from you for any specific Voucher, under which the unlikely liability arises. Under no circumstance shall LushManaliHotels be liable for any consequential, indirect or remote loss that you or your friends and family may suffer.
6. Usage Conduct You shall solely be responsible for maintaining the necessary computer equipments and Internet connections that may be required to access, use and transact on the Website. You are also under an obligation to use this Website for reasonable and lawful purposes only, and shall not indulge in any activity that is not envisaged through the Website.
7. Intellectual Property Rights Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, LushManaliHotels owns all Intellectual Property Rights to and into the trademarks "LushManaliHotels", and the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Website belonging to LushManaliHotels without obtaining authorization from LushManaliHotels. Notwithstanding the foregoing, it is expressly clarified that you will solely be responsible for any content that you provide or upload when using any Service, including any text, data, information, images, photographs, music, sound, video or any other material which may be accessible through your post, or any other content that you upload, transmit or store when using the Website.
8. Links to Third Party Sites: LushManaliHotels will contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of LushManaliHotels, and LushManaliHotels is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. LushManaliHotels is not responsible for any form of transmission, whatsoever, received by you from any Linked Site. LushManaliHotels provides links of online advertisements to you only as a convenience and the inclusion of any link does not imply endorsement by or affiliation with LushManaliHotels of the Linked Sites nor does it represent the advice, views, opinions or beliefs of LushManaliHotels. The users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information. In the event that by accessing the Website or following links to third-party websites you are exposed to content that you consider offensive or inappropriate, your only recourse will be to stop using the Website.
9. Disclaimer of Warranties & Liability: LushManaliHotels has endeavored to ensure that all the information on the Website is correct, but LushManaliHotels neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or Service. In no event shall LushManaliHotels be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages. Neither shall LushManaliHotels be responsible for the delay or inability to use the Website or related Functionalities, the provision of or failure to provide Functionalities, or for any information, software, products, Functionalities and related graphics obtained through the Website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise. Further, LushManaliHotels shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond LushManaliHotels's control. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the Website 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 and/or data.
10. Indemnification: You agree to indemnify, defend and hold harmless LushManaliHotels from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by LushManaliHotels that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms.
11. Termination: LushManaliHotels may suspend or terminate your use of the Website or any Service at its sole and absolute discretion. Notwithstanding the foregoing sub-section above, these Terms will survive indefinitely unless and until LushManaliHotels chooses to terminate them. If you or LushManaliHotels terminates your use of the Website, LushManaliHotels may delete any content or other materials relating to your use of the Website and LushManaliHotels will have no liability to you or any third party for doing so.
12. Governing Law: These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles, and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at Faridabad, Haryana, India.