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.

1. 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”).

2. 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.

3. 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.

4. 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.

5. 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.

6. 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.

7. This Agreement is being concluded and executed at between you and us at New Delhi.

8. 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.

9. The Agreement is a legal contract between you being, an individual customer, user, or beneficiary of the Website and the services therein, and us.

10. 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.

11. 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

12. 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

13. 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.

14. 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.

15. 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.

16. 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

17. 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.

18. 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.

19. We are not responsible to provide information on any change status of hotel/ lodge/ guest house etc.

20. Any grievance regarding the service availed from the Website should be communicated as per the grievance policy laid out herein.

21. 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.

22. 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

23. 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.

24. 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.

25. 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.

26. 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.

27. 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

28. 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.

29. 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.

30. 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

31. 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.

32. 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

33. 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

34. 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.

35. 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.

36. 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

37. 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:
    1. belongs to another person for which the user does not have any right;
    2. is hateful, grossly harmful including harmful to minors, paedophilic, invasive of another’s privacy, racially, ethnically objectionable, disparaging, encouraging money laundering or gambling;
    3. infringes any patent, trademark, copyright or other proprietary rights;
    4. deceives or misleads the addressee about the origin of such message or communicates any information which is grossly offensive or menacing in nature;
    5. 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;
    6. impersonates another person.

38. 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.

39. To contest the cancellation of a booking or freezing or closure of an account, you may contact our customer service.

40. 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

41. 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

42. 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.

43. 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

44. 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

45. 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.

46. 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.

47. 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.

48. 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.

49. 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.

50. 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

51. 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.

52. 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.

53. 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

  1. this Agreement,
  2. the Services,
  3. your use or inability to use the Services or the Website (including any and all Materials) or any reference sites, or
  4. 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

54. 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: Privacy policy – [please insert the Terms and Condition link].

Notice

55. 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

56. 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

57. 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.

58. 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

59. 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

60. 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

61. 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.

62. 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.

63. In accordance with Information Technology Act, 2000 and rules made there under, the name and contact details of the Grievance Officer is published herewith:

Suite No 304, 3rd Floor, Vardhman Sunder Plaza, Plot No 12, Sector 12, Dwarka, New Delhi - 110078