REVIEWS, COMMENTS AND USE OF OTHER INTERACTIVE AREAS; LICENCE GRANT
If it is determined that you retain moral rights (including rights of attribution or integrity) in your Content, you hereby declare that, to the extent permitted by applicable law, (a) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of your Content by the Company or their licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of your Content; and (d) you forever release the Company and their licensees, successors and assigns, from any claims that you could otherwise assert against the Company by virtue of any such moral rights.
Note that any feedback and other suggestions you provide may be used at any time and we are under no obligation to keep them confidential.
The Services may contain discussion forums, review services, travel feeds or other forums in which you may post your Content, such as reviews of travel experiences, messages, materials or other items ("Interactive Areas"). If Company provides such Interactive Areas on the websites, you are solely responsible for your use of such Interactive Areas and use them at your own risk. The Company do not guarantee any confidentiality with respect to any of your Content you provide to the Services or in any Interactive Area. You agree that the Company may monitor the substance of such communications in order to help safeguard our community and the Services. You understand that the Company do not edit or control the user messages posted to or distributed through the Services, including through any chat rooms, bulletin boards or other communications forums, and will not be in any way responsible or liable for such messaging. The Company nevertheless reserve the right to remove without notice any such messaging or other Content from the Services, where they believe in good faith that such Content breaches this Agreement or otherwise believe the removal is reasonably necessary to safeguard the rights of the Company and/or other users of the Services. Should you disagree with the removal of your Content from the websites, you may contact us using the [email protected] to make your objections. By using any Interactive Areas, you expressly agree only to submit Content of yours that complies with Company’s published guidelines, as are in force at the time of submission and made available to you. You expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Services any Content of yours that:
The Company take no responsibility and assume no liability for any Content posted, stored, transmitted or uploaded to the Services by you (in the case of your Content) or any third party (in the case of any and all Content more generally), or for any loss or damage thereto, nor will the Company be liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, Company is not liable for any statements, representations or any other Content provided by its users (including you as to your Content) in the websites or any other forum. Although the Company has no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, Company reserves the right, and has absolute discretion, to remove, screen, translate or edit without notice any Content posted or stored on the Services at any time and for any reason, or to have such actions performed by third parties on their behalf, and you are solely responsible for creating backup copies of and replacing any Content you post or otherwise submit to us or store on the Services at your sole cost and expense.
Any use of the Interactive Areas or other aspects of the Services in violation of the foregoing violates the terms of this Agreement and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Services more generally.
Trip Coins/ Resort Credit Points (RCPs)
Trip Coins are awarded for select and pre-defined member actions on the community. The actions and Trip Coin values are subject to change and these changes will be shared via web notifications on the community.
We reserve the right to the final assignment of Trip Coins for particular action / activity. For any queries about this please write to [email protected]
Trip Coins can be redeemed at a minimum denomination of INR 500 and multiples of 500 thereafter
Once the member ‘redeems’ the Trip Coins on the Community, the same will be deducted from his community account. These will then be available for use at the resorts only after this as Resort Credit Points.
Resort Credit Points are redeemable at Club Mahindra owned resorts only. Valid for 1 year from Holiday Start Date or issue date whichever is later.
RCPs Can be used against fun dining, a la carte meals, Room service, liquor bills, spa bills
RCPs are non-transferrable, non-encashable, non-extendable. Value of the voucher does not include taxes levied on the product or service levied
You cannot hold us liable /accountable if for any reason the points are not available for use in the resort because of a technical glitch or other system problems
The final redemption of the points against activities will be done at the discretion of the resort
Taxes will have to be paid by cash / credit card directly to resort by the member at the time of settlement of bill
PLEASE READ THIS SECTION CAREFULLY. THIS SECTION LIMITS THE COMPANY LIABILITY TO YOU FOR ISSUES THAT MAY ARISE IN CONNECTION WITH YOUR USE OF THE SERVICES.
THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PUBLISHED ON OR OTHERWISE PROVIDED VIA THE SERVICES MAY INCLUDE INACCURACIES OR ERRORS, INCLUDING RESERVATION AVAILABILITY AND PRICING ERRORS. THE CLUB MAHINDRA DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIMS ALL LIABILITY FOR, ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE ACCOMODATION, EXPERIENCES, AIR, CRUISE, RESTAURANT OR ANY OTHER TRAVEL PRODUCTS DISPLAYED ON THE SERVICES (INCLUDING, WITHOUT LIMITATION, THE PRICING, AVAILABILITY, PHOTOGRAPHS, LIST OF ACCOMODATION, EXPERIENCE, AIR, CRUISE, RESTAURANT OR OTHER TRAVEL PRODUCT AMENITIES, GENERAL PRODUCT DESCRIPTIONS, REVIEWS AND RATINGS, ETC.).
CLUB MAHINDRA MAKES NO REPRESENTATIONS OF ANY KIND ABOUT THE SUITABILITY OF THE SERVICES, INCLUDING THE INFORMATION CONTAINED ON ITS WEBSITES OR ANY PORTION THEREOF, FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICE OFFERINGS ON ITS WEBSITES OR OTHERWISE THROUGH THE SERVICES DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICE OFFERINGS BY CLUB MAHINDRA, NOTWITHSTANDING ANY AWARDS DISTRIBUTED BASED ON USER REVIEWS. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS AND SERVICE OFFERINGS MADE AVAILABLE BY OR THROUGH THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. CLUB MAHINDRA DISCLAIMS ALL WARRANTIES, CONDITIONS OR OTHER TERMS OF ANY KIND THAT THE SERVICES, ITS SERVERS OR ANY DATA (INCLUDING EMAIL) SENT FROM CLUB MAHINDRA, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, CLUB MAHINDRA HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS AND THE SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OR TERMS OF ANY KIND AS TO OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET POSSESSION AND NONINFRINGEMENT.
THE CLUB MAHINDRA ALSO EXPRESSLY DISCLAIM ANY WARRANTY, REPRESENTATION OR OTHER TERM OF ANY KIND AS TO THE ACCURACY OR PROPRIETARY CHARACTER OF THE CONTENT AVAILABLE BY AND THROUGH THE SERVICES.
THE THIRD PARTY SUPPLIERS PROVIDING ANY SERVICES ON OR THROUGH THE SERVICES ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF THE COMPANY. THE COMPANY IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. CLUB MAHINDRA HAS NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND ITS DIRECT CONTROL, AND IT HAS NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
SUBJECT TO THE FOREGOING, YOU USE THE SERVICES AT YOUR OWN RISK AND IN NO EVENT SHALL THE COMPANY (OR THEIR OFFICERS, DIRECTORS AND/OR EMPLOYEES) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL LOSSES OR DAMAGES OR ANY LOSS OF INCOME, PROFITS, GOODWILL, DATA, CONTRACTS, USE OF MONEY, OR LOSS OR DAMAGES ARISING FROM OR CONNECTED IN ANY WAY TO BUSINESS INTERRUPTION OF ANY TYPE ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THE SERVICES OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THE SERVICES (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON REVIEWS AND OPINIONS APPEARING ON OR THROUGH THE SERVICES; ANY VIRUSES, BUGS, TROJAN HORSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS AND SERVICES OBTAINED THROUGH THE SERVICES (INCLUDING, BUT NOT LIMITED TO ANY COMPANY SYNCRONISATION PRODUCT); PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF THE SERVICES’ SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THE SERVICES) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND EVEN IF CLUB MAHINDRA OR ITS CORPORATE AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If the Company is found liable for any loss or damage that arises out of or is in any way connected with your use of the Services, then the Company’s liability will in no event exceed, in the aggregate, the greater of (a) the Membership price paid to the Company.
The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of the Company.
THESE TERMS AND CONDITIONS AND FOREGOING LIABLITY DISCLAIMER DO NOT AFFECT MANDATORY LEGAL RIGHTS THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW, FOR EXAMPLE UNDER CONSUMER PROTECTION LAWS IN PLACE IN CERTAIN COUNTRIES.
IF THE LAW OF THE COUNTRY WHERE YOU LIVE DOES NOT ALLOW ANY PARTICULAR LIMITATION OR EXCLUSION OF LIABILITY PROVIDED FOR IN THIS CLAUSE, THAT LIMITATION WILL NOT APPLY. THE LIABILITY DISCLAIMER WILL OTHERWISE APPLY TO THE MAXIMUM EXTENT ALLOWED BY YOUR LOCAL LAW.
You agree to defend and indemnify the Company and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
COPYRIGHT AND TRADEMARK NOTICES
Club Mahindra and its logo, and all other product or service names or slogans displayed on the Services are registered and/or common law trademarks of Club Mahindra, and may not be copied, imitated or used, in whole or in part. In addition, the look and feel of the Services, including our websites, as well as all page headers, custom graphics, button icons and scripts related to same, is the service mark, trademark and/or trade dress of Club Mahindra and may not be copied, imitated or used, in whole or in part, without the prior written permission of Club Mahindra. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Services are the property of Club Mahindra. Except to the extent noted elsewhere in this Agreement, reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Club Mahindra.
All rights reserved.
Notice and Policy for Illegal Content
If you have any complaints or objections to Content, including user messages posted on the Services, or if you believe that material or content posted on the Services infringes a copyright that you hold, please contact us immediately at [email protected]
MODIFICATIONS TO THE SERVICES; TERMINATION
Club Mahindra may change, add or delete these terms and conditions of this Agreement or any portion thereof from time to time in its sole discretion where we deem it necessary for legal, general regulatory and technical purposes, or due to changes in the Services provided or nature or layout of Services. Thereafter, you expressly agree to be bound by the terms and conditions of this Agreement as amended.
The Club Mahindra may change, suspend or discontinue any aspect of the Services at any time, including availability of any of the Services’ features, databases or Content. Club Mahindra may also impose limits or otherwise restrict your access to all or parts of the Services without notice or liability for technical or security reasons, to prevent against unauthorized access, loss of, or destruction of data or where Club Mahindra and/or its corporate affiliates consider(s) in its/their sole discretion that you are in breach of any provision of this Agreement or of any law or regulation and where Club Mahindra decides to discontinue providing any aspect of the Services.
YOUR CONTINUED USE OF THE SERVICES NOW, OR FOLLOWING THE POSTING OF ANY SUCH NOTICE OF ANY CHANGES, WILL INDICATE ACCEPTANCE BY YOU OF SUCH MODIFICATIONS.
Club Mahindra may terminate this Agreement with you at any time, without advanced notice, where it believes in good faith that you have breached this Agreement or otherwise believes that termination is reasonably necessary to safeguard the rights of the Company and/or others users of the Services. That means that we may stop providing you with Services.
JURISDICTION AND GOVERNING LAW
This website is owned and controlled by Mahindra Holidays & Resorts India Limited, a listed public company in India. This Agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of India. You hereby consent to the exclusive jurisdiction and venue of courts in Mumbai, India and stipulate to the fairness and convenience of proceedings in such courts for all disputes, both contractual and non-contractual, arising out of or relating to the use of the Services by you or any third party.
You agree that all claims you may have against the Company arising from or relating to the Services must be heard and resolved in a court of competent subject matter jurisdiction located in the Mumbai, India. Use of the Services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph. Nothing in this clause shall limit the right of the Company to take proceedings against you in any other court, or courts, of competent jurisdiction.
We reserve the right to reclaim any username, account name, nickname, handle or any other user identifier for any reason without liability to you.
You agree that no joint venture, agency, partnership or employment relationship exists between you and Club Mahindra as a result of this Agreement or use of the Services.
Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of the Services or information provided to or gathered by us with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of the Services within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions in this Agreement shall continue in effect.
This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and Club Mahindra with respect to the Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Club Mahindra with respect to the Services. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
The terms and conditions of this Agreement are available in English language on http://community.clubmahindra.com website.
The websites and/or apps on which Services may be accessed may not always be updated on a periodic or regular basis and consequently are not required to register as editorial product under any relevant law.
Fictitious names of companies, products, people, characters and/or data mentioned in, on or through the Services are not intended to represent any real individual, company, product or event.
You are prohibited from transferring any of your rights or obligations under this Agreement to anyone else without our consent.
Any rights not expressly granted herein are reserved.