Terms and Conditions of Using the Website
Welcome to www.summithotels.in.
By accessing www.summithotels.in and/or using the Service you agree to be bound by these Terms. Your access and continuity thereof to the www.summithotels.in and the use thereof is subject to your explicit acceptance of and continuous compliance with these Terms. In case you choose not to accept the Terms you are at liberty to check out from the www.summithotels.in without any liability to Summit.
Uttorayon, Siliguri, West Bengal 734010
b. Site: Site means www.summithotels.in which is owned and managed by the Company.
c. Service: Service shall mean any service provided by Summit on www.summithotels.in
d. You/Your: You/Your shall mean a natural or legal person who is at least 18 years of age and could legally enter into a contract in India and could act as a Referrer for the Facility provided on www.summithotels.in com in accordance with the terms and conditions recorded hereinafter.
2. Usage of Service:
b. When you use the site www.summithotels.in you confirm that you are above the age of 18 and is legally capable of entering into legally binding contract in accordance with the provisions of the Indian Contract Act, 1872, and that the information you provide us is accurate, complete, and current at all times.
c. You shall not use or allow to be used the site www.summithotels.in for any unlawful purpose and be responsible for any misuse of site www.summithotels.in
d. You shall use the site www.summithotels.in from a valid IP Address.
e. As on date www.summithotels.in does not require the creation of any account by the user. However, if www.summithotels.in requires any creation of an account by a user, the user, i.e. you shall be responsible for any and all activities or actions that occur under your account and/or password and shall not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization and you may not use as a username any name that is offensive, vulgar or obscene.
f. All registration information must be correct, complete and promptly updated by the Referrer each time it changes.
3. Collection of Personal Data and Use thereof:
4. Communication by the Company:
As a condition of using the Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send through emails / SMS/ Phone Calls. We will send you information regarding your account activity as well as updates about our Services and Products and promotional offers. You can opt-out of our promotional emails anytime by clicking the unsubscribe link at the bottom of any of our email correspondences.
5. Intellectual Property
You agree unconditionally that the trademarks, logos and service marks (“Marks”) displayed on the Site are the property of the Company and other respective persons as claimed therein. You are prohibited from using any Marks for any purpose including, but not limited to use as meta-tags on other pages or sites on the World Wide Web without the written permission of the Company or such third party who may own the Marks. All information and content including any software programs available on or through the Site www.summithotels.in (“Content”) is protected by copyright. User is prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes.
6. Links To Other Web Sites
b. You also agree and undertake that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of www.summithotels.in or any third party website or Application through www.summithotels.in.
c. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
The Company shall have the right, but not the obligation, to monitor the Site at all times, including any chat rooms and forums that may hereinafter be included as part of the Site, to determine compliance with this Agreement and any operating rules established by the Company, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, the Company shall have the right to remove any material that the Company, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
ii. If you wish to terminate your access, you may simply discontinue using the Service.
iii. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to indemnify and hold the Company (and its officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim or demand, including reasonable attorneys’ fees, or arising out of or related to your breach of this T&C;, or your violation of any law or the rights of a third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under these Terms arising out of violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of these Terms.
10. Third Party Payment Gateway:
While concluding a booking of room/s of your choice at our hotels and stays, you might have to make payment as per the booking terms the then prevailing. We have arranged to receive this payment through a third-party payment gateway. These third-party payment gateways are generally fairly protected from fraudulent activities and data misuse. However, there may be some isolated instances of fraud, misuse, on which summit does not have any control. Accordingly, you, the user are requested to take every precaution possible while using the payment gateway. Needless to mention, that in the unforeseen event of any fraud or misuse of your money by a non-connected website, Summit shall extend necessary support to you without any liability whatsoever.
11. Your Privacy
12. Absence or Limitation Of Liability
b. In no event shall Summit, nor its subsidiaries, employees, officers, affiliates, directors, agents, suppliers, shareholders, non-executive directors or its licensors be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, misrepresentation, fraud, coercion, breach of trust, misappropriation, cheating or for any other such reason of the Referrers or of third parties whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
c. This limitation of liability section shall prevail over any conflicting or inconsistent provision contained in any of the documents emanating from or related to this Agreement. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature. You further with immediate effect waive any right which had accrued to you from using the website to initiate any legal action against the Company.
13. Unforeseen Shutdown & Preventive Maintenance
i. The user acknowledges that, although the internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of the Company, and the Company shall not be responsible for any data lost while transmitting information on the internet.
ii. While it is the Company’s objective is to make the Site accessible 24 hours per day, 7 days per week, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance.
iii. You understand and acknowledge that due to circumstances both within and beyond the control of the Company, access to the Site may be interrupted, suspended or terminated from time to time.
iv. The Company shall have the right at any time to change or discontinue any aspect or feature of the Company, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, The Company may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.
v. Our website users may experience difficulty in accessing website from 05:00 AM to 0530 AM due to website updates. Apart from this, The Company reserves the right to suspend the operation of the website for emergency maintenance with assurance of minimum down time. We apologize for the inconvenience caused to our Users.
ii. Summit its affiliates, subsidiaries, advisors, directors, employees and its licensors do not warrant that a) the Service will be provided uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
iii. The Company, its associates and technology partners make no representations or warranties about the currentness, accuracy, completeness, reliability, or timeliness of any content, data, text, information, software, graphics, links or communications provided on or through the use of the Site OR THAT the operation of the Site will be error free and/or uninterrupted. Consequently, the Company assumes no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site; and/or any interruption or errors in the operation of the Site. You expressly understand and agree that the Company and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, resulting from use of the Site, sale and supply of Products content or any related goods and services.
15. Changes in Content
ii. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you may opt out of taking the services.
16. No Waiver:
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
17. Governing Law
These Terms shall be governed and construed in accordance with the laws of India and the Courts at Kolkata shall have exclusive jurisdiction over this contract.
If you have any questions about these Terms, please contact us.