Your use of this Website is expressly conditioned on your acceptance of these “Terms and Conditions”. By using this Website, you signify that you unconditionally agree and accept to be legally bound by the Terms and Conditions. If you do not agree with any part of the Terms and Conditions, you must not use this Website. The Terms and Conditions apply to the use of the www.venuemirror.com Website (the “Website”).
Certain products and services have their own specific governing terms and conditions which shall apply in addition to the Terms and Conditions. These terms and conditions for a specific product or service shall include any terms and conditions found on your screens (in relation to the Website) and when using any part of this Website. In the event of any inconsistency between the terms and conditions for a specific product or service and the Terms and Conditions, the terms and conditions for the specific product or service shall prevail in relation to that specific product or service.
If you are accessing our Website or initiating transactions on our Website, you will be deemed to have read, understood and agreed to these Terms and Conditions and the Privacy Policy. Further and in the alternative, if you are accessing our Website or initiating transactions on our Website through a proxy, you will be deemed to have read, understood and agreed to these Terms and Conditions and the Privacy Policy before authorizing a proxy to enter the Website on your behalf.
1. OWNERSHIP
VenueMirror is the operator of this Website (the "VenueMirror"). This Website, and each of its arrangement and compilation of the content found on this Website, is the copyrighted property of Kamkash Software Services (India) Private Limited ("Kamkash"). Some of the content found on this Website is owned by third party providers and distributors though certain data is the copyrighted work of Kamkash Properties and other information providers.
In addition, the trademarks, logos, brandnames and service marks displayed on this Website (collectively, the "Trademarks") are Trademarks of Kamkash, its sucessors in business, and various third parties. Nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the content on the Website or Trademarks without the prior written permission of the VenueMirror, Kamkash or such other party that may own the content on the Website or Trademarks.
2. USE OF SITE.
VenueMirror and Kamkash (as the case may be) grant you a limited, non-exclusive, non-transferable, non-sub-licensable and revocable right to use this Website in accordance with the Terms and Conditions. You agree that you:
- (a) shall only use this Website to make legitimate reservations or purchases and shall not use this Website for any other purposes, including without limitation, to make any speculative, false or fraudulent reservation or any reservation in anticipation of demand.
- (b) shall not employ misleading email addresses or falsify information in the header, footer, return path, or any part of any communication, including emails, transmitted through this Website.
- (c) shall not, except as permitted under applicable law, copy, reproduce, republish, upload, post, transmit, distribute or otherwise communicate to the public any of the content provided in this Website, including the text, graphics, button icons, audio and video clips, digital downloads, data compilations and software, without the prior written permission of VenueMirror, Kamkash and/or its third party providers and distributors, except that you may download, display and print the materials presented on this Website for your personal, non-commercial use only.
- (d) shall not use any "robot," "spider", "crawler" or other automated device, or a program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the web pages, data or content found on this Website, in any case without the prior written permission of VenueMirror.
- (e) shall not, except as permitted under applicable law, alter, modify, translate, decompile, adapt, disassemble, reverse engineer or create derivative works from any content or component from this Website.
- (f) shall not transmit or otherwise transfer any web pages, data or content found on this Website to any other computer, server, web Website, or other medium for mass distribution or for use in any commercial enterprise. The use of such materials on any other web Website or in any environment of networked computers is prohibited.
- (g) shall not use any device, software or routine to interfere or attempt to interfere with the proper working of this Website.
- (h) shall not take any action that imposes a burden or load on our infrastructure that the VenueMirror deems in their sole discretion to be unreasonable or disproportionate to the benefits the VenueMirror obtains from your use of the Website.
- (i) shall not make any unauthorized use of this Website and/or the materials contained on this Website to violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials, and you must not alter, obscure or obliterate any of such notices.
- (j) shall not post or transmit any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law or applicable regulation or code of conduct.
- (k) shall not post or transmit any information which (i) infringes the rights of others or violates their privacy or publicity rights, (ii) is protected by copyright, trademark or other proprietary right, unless with the express written permission of the owner of such right, (iii) contains a virus, bug, worm , time bomb, trojan horse, trap door or other harmful item, (iv) is used to unlawfully collude against another person in restraint of trade or competition, or (v) creates any liability on VenueMirror or causes VenueMirror to lose (in whole or in part) the services of our internet service providers or other suppliers.
You agree that you shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any other loss or harm resulting from your use of this Website.
3. REGISTRATION.
Use of this Website may require you to register and provide certain data. In consideration of the VenueMirror permitting you to use the Website, in registering and providing such data, you represent and warrant that: (a) the information about yourself is true, accurate, current, and complete (apart from optional items) as required by various registration forms on the Website (the "Registration Data") and (b) you will maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or VenueMirror has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, VenueMirror has the right to suspend or terminate your account and refuse any and all current or future access to and use of this Website.
You represent that you are of sufficient legal age to use this Website and to create binding legal and financial obligations for any liability you may incur as a result of the use of this Website. You understand that you are legally, financially and morally responsible for all uses of this Website by you and those using your login information.
4. PRIVACY.
The terms of Venue Mirror’s Privacy Policy is incorporated herein, and the terms of such policy are reasonable. You consent to the use and processing of your Registration Data and other personally identifiable user information by the Venue Mirror and/or its third party providers and distributors. You acknowledge and agree that the technical processing of this Website and the transmission of transaction messages relating to the products and services on this Website may involve (a) transmissions of your Registration Data and other data collected and maintained by VenueMirror with regard to you, over various networks and to various countries; and (b) changes to conform and adapt your Registration Data and other data collected and maintained by VenueMirror with regard to you to technical requirements of connecting networks or devices. Neither VenueMirror nor Kamkash will be held responsible for events arising from third parties gaining unauthorised access to such data.
5. ONLINE BOOKINGS & PURCHASES.
Contracts for products and services
Unless otherwise expressly stated on the Website, the VenueMirror acts as agent for its third party providers and distributors for all products and services purchased by you on this Website. You may place bookings for or may make purchases of products and services online at this Website. A contract for the sale and purchase of products and services may be made online at this Website by your acceptance of the products and services offered on the Website (the "Contract") by third party providers and/or distributors and/or where stated, the VenueMirror, and you hereby agree to waive any rights to challenge the validity or enforceability of Contracts entered into on this Website on the grounds that it was made in electronic form instead of by paper and/or signed or sealed. Please note that by indicating your acceptance to purchase any product or service offered on the Website, you are obligated to complete such transactions. You are prohibited from indicating your acceptance to purchase products and services where you do not intend to complete such transactions. You may not purchase goods or services that you are prohibited from purchasing or possessing by any applicable Indian or local laws. The responsibility for ensuring compliance with all applicable laws shall be yours alone. By submitting an order to purchase goods or services, you represent and warrant that you have the legal right to purchase, utilise and/or possess such goods or services.
Third party service providers
You may be bound by terms and conditions imposed by the service providers for whom VenueMirror acts as an agent including conditions of rooms, refund and cancellation policies of hotels,resorts etc.
VenueMirror is not liable for any claims against non-fulfillment or unsatisfactory fulfillment of products and services purchased on your behalf by VenueMirror from these third party providers and distributors, such as, but not limited to, hotels, resorts and other entities.
Specific terms and conditions for products and services
Certain products and services have their own specific governing terms and conditions which shall apply in addition to the Terms and Conditions. It is important for you to obtain and read the terms and conditions applicable to these certain products and services as they may contain exclusions of limitations of liability and other terms and conditions, including restrictions on amendment or cancellation. Some of these terms and conditions for specific products and services shall include terms and conditions found on your screens and when using any part of this Website. In the event of any inconsistency between the terms and conditions for the specific product or service and these Terms and Conditions, the terms and conditions for the specific product or service shall prevail in relation to that specific product or service.
Availability of Products
Information on the Website may include references or cross references to products and/or services which may not be available for your country. Such references do not imply that VenueMirror intends to make available such products and/or services in your country. If in doubt, please contact our Customer Care for more information.
6. PRICES.
All prices displayed for the product and service are subject to change and availability by their respective providers, and such prices are not final until full payment for the product and service concerned is made. The payment once made, shall be non refundable and the booking will shall not be cancelled under any circumstances. A booking fee may be payable on some bookings.
7. DECLINE, NON-UTILIZATION OR CANCELLATION OF BOOKING & PURCHASE.
Please note that the bookings are non-refundable and cancellations are not allowed.
VenueMirror reserves the right to decline any booking or purchase for any reason and shall not be held liable for any resulting claims for loss, damages or compensation. In order to avoid any unlawful act, fraud or other means of misrepresentation, VenueMirror shall have void or cancel the transaction within a period 48 (forty eight) hours. In such an event, VenueMirror shall refund to you all unutilized monies collected from you for that purchase.
8. DISCLAIMER.
TO THE FULLEST EXTENT PERMITTED BY LAW AND SUBJECT TO THE STATUTORY WARRANTIES BELOW, THE OPERATOR AND KAMKASH MAKE NO WARRANTY OR REPRESENTATION OF ANY KIND REGARDING THIS SITE, PRODUCTS OR SERVICES ON THIS SITE AND/OR ANY MATERIALS PROVIDED ON THIS SITE, ALL OF WHICH ARE PROVIDED ON AN "AS IS" BASIS ONLY. THE OPERATOR AND KAMKASH DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS SITE AND, SUBJECT TO THE STATUTORY WARRANTIES BELOW, EXPRESSLY DISCLAIM ALL WARRANTIES, TERMS AND CONDITIONS, INCLUDING ALL IMPLIED WARRANTIES, TERMS AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A GENERAL OR PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE TO THE FULLEST EXTENT PERMITTED BY THE LAWS OF THE TERRITORIES. THE OPERATOR AND KAMKASH DO NOT WARRANT THAT THIS SITE, ITS SERVERS OR ANY E-MAIL SENT FROM THE OPERATOR OR KAMKASH ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME TERRITORIES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO TO THAT EXTENT THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. IN PARTICULAR, IN TERRITORIES WHERE IT IS PROHIBITED, THIS DISCLAIMER SHALL NOT IN ANY WAY EXCLUDE OR LIMIT LIABILITY FOR PERSONAL INJURY OR DEATH ARISING FROM NEGLIGENCE, WILFUL MISCONDUCT OR FRAUD. THIS WARRANTY GIVES YOU SPECIFIC RIGHTS WHICH VARY FROM TERRITORY TO TERRITORY.
Statutory Warranties- Certain legislation may imply warranties or conditions or impose obligations which cannot be excluded, restricted or modified except to a limited extent. These Terms and Conditions must be read subject to any such statutory provisions. If such statutory provisions apply, to the extent to which VenueMirror and Kamkash are entitled to do so, the liability of each will be limited at their option to:
- (a) in the case of supply of goods, the replacement of the goods or supply of equivalent goods, the payment of the cost of replacing the goods or acquiring equivalent goods, the payment of the cost of having the goods repaired or the repair of the goods; and
- (b) in the case of services, the supply of the services again, or the payment of the cost of having the services performed again.
9. LIMITATION OF LIABILITY.
TO THE FULL EXTENT PERMITTED BY LAW BUT SUBJECT ALWAYS TO CLAUSE 10,
- (a) THE OPERATOR AND KAMKASH ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THIS SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SITE;
- (b) IN NO EVENT SHALL THE OPERATOR OR KAMKASH BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND OR FOR ANY LOST PROFITS OR LOST SAVINGS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), EQUITY, STRICT LIABILITY, STATUTE OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (I) ANY USE OF THIS SITE OR CONTENT FOUND HEREIN, (II) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS SITE FOR RESERVATIONS OR TICKETING), OR (III) THE PERFORMANCE OR NON PERFORMANCE BY THE OPERATOR EVEN IF THE OPERATOR HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY.
If, notwithstanding the foregoing, VenueMirror or Kamkash should be found liable for any loss or damage which arises out of or is in any way connected with any of the above described functions or uses of this Website or its content, to the full extent permitted by law the combined aggregate liability of VenueMirror and Kamkash shall in no event exceed the value of the goods and services purchased by you which are the subject of the dispute or Rs. 25,000.00, whichever is lower. Further, VenueMirror's and Kamkash liability to you in contract, tort, negligence, strict liability, under statute or otherwise will be reduced to the extent, if any, to which you contributed to the loss or damage. In its sole discretion, in addition to any other rights or remedies available to VenueMirror or Kamkash without any liability whatsoever, VenueMirror or Kamkash may, at any time and without notice, terminate or restrict your access to and/or of any component of this Website. Some territories do not allow limitation of liability, so to that extent the foregoing limitation may not apply to you.
10. INDEMNIFICATION.
Subject to the applicability of Clause 11, if VenueMirror or Kamkash and/or any of their affiliates (collectively the "Indemnified") takes any action to enforce any of the Terms and Conditions, you shall indemnify and hold harmless the Indemnified, its affiliates, and their respective officers, directors, employees and agents from and against any and all claim, loss, cause of action or demand, including without limitation all costs and expense, including reasonable legal and accounting fees, arising out of and in relation to your use of the Website, including any and all breach by you of the Terms and Conditions contained herein.
11. RELATIONSHIP.
The relationship between VenueMirror and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint venturers, fiduciaries, employees or agents of the other.
12. GOVERNING LAW & JURISDICTION.
The Terms and Conditions, its performance and all disputes arising out of or in connection with the Terms and Conditions shall be governed by the laws of India. All disputes arising out of or in connection with this Agreement shall be finally settled under arbitration in accordance with the rules and regulations of the Arbitration and Conciliation Act, 1996 by a panel consisting of three (3) arbitrators. The language of the arbitration shall be English and the venue of the arbitration shall be at Bangalore, India. The award of the arbitrators shall be final and binding, except for the enforcement of an arbitral award pursuant to this clause, if required or seeking injunctive or similar equitable relief.
16. INJUNCTIVE RELIEF.
You acknowledge that a violation or attempted violation of any of the Terms and Conditions will cause such damage to VenueMirror or Kamkash as will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that VenueMirror or Kamkash shall be entitled as a matter of right to an injunction (including a temporary injunction) issued by any court of competent jurisdiction, restraining such violation or attempted violation of these terms and conditions by you, or your affiliates, partners, or agents, as well as recover from you any and all costs and expenses sustained or incurred by VenueMirror or Kamkash in obtaining such an injunction, including, without limitation, all legal fees and expenses.
17. TERMINATION.
VenueMirror may terminate the Terms and Conditions and/or the provision of any of the products and services at any time for any reason, including any improper use of this Website or your failure to comply with the Terms and Conditions. Such termination shall not affect any right to relief to which VenueMirror or Kamkash may be entitled, at law or in equity. Upon termination of the Terms and Conditions, all rights granted to you will terminate and revert to VenueMirror or Kamkash and its third party providers or distributors, as applicable.
18. ASSIGNMENT.
You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.
19. MODIFICATION.
VenueMirror may at any time modify any part of the Website, including the products and services and the Terms and Conditions at its sole discretion without prior notice and your continued use of this Website will be conditioned upon the terms and conditions in force at the time of your use. VenueMirror also reserves the right to deny any person access and use of the Website at any time.
20. ADDITIONAL TERMS.
Additional terms and conditions may apply to reservations, purchases of products and services and other uses of portions of this Website, and you agree to abide by such other terms and conditions, including additional terms and conditions that apply in relation to specific products and services.
21. SEVERABILITY.
The Terms and Conditions shall be severable. In the event that any provision is determined to be unenforceable, illegal or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the enforceability, legality and validity of any other remaining provisions.
22. HEADINGS.
The headings used in the Terms and Conditions are included for convenience only and will not limit or otherwise affect the terms and conditions herein.
23. ENTIRE AGREEMENT.
The Terms and Conditions, together with any terms and conditions incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this Website.
24. COMMUNICATION WITH USERS.
VenueMirror reserves the right to communicate with you regarding this Website and your use of this Website or any product or service purchased by you on this Website.
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