Terms and conditions
Please read these Terms carefully before You start to use the Site or avail any Services of The Beach House via the Site, as these Terms will apply to your use of it. We recommend that You print a copy of this for future reference.
This website makes available information on the Services offered exclusively by “The Beach House” (hereinafter referred to as “TBH”) owned and managed by HARP Resorts Private Limited. By using the Site and the Services made available on or through the Site, you are agreeing to be bound by these Terms between you, a user of our Site and HARP Resorts Private Limited with our registered office at HARP Resorts Private Limited is A – 302, MHB – 11, Sarvodaya Co-Op. Housing Society Limited, Service Road, Khernagar, Bandra East, Mumbai – 400051 (“TBH” , “we”, “our”, “us” and other related pronouns).
You agree to comply with all laws applicable to you for the use of the Services within your jurisdiction, wherever you may be when you use them. We will not be liable for any breach by you of any or all applicable laws and regulations within your Territory or jurisdiction.
We may from time to time update, modify or add to the Information, amend or revise these Terms and we absolutely reserve the right to make such changes without any obligation to notify past, current or prospective users of the Site. Unless otherwise specified to the contrary all new Information shall be subject to these Terms. You agree that at any point of time, you will be subject to the Terms as last revised and in force.
“Site” means www.www.thebeachhousegoa.com and includes any upgrades and any other software or documentation which enables its use.
“Services” means all the treatments, programs, therapies and retreats offered by TBH and shall include any treatment, programme, therapy, and retreat which may be initiated in the future by us.
The entire content on this Site, including but not limited to the Services, data, media, designs, information, text, graphics, images, photographs, videos, sounds, links or code and all other information otherwise contained in the Site (“the Information”), excluding content that may be posted by other users of the Site and our Services, are either owned exclusively by us or licensed to us and thus protected under applicable copyright laws, and is our exclusive property Copyright 2015, HARP RESORTS PRIVATE LIMITED. ALL RIGHTS RESERVED. Permission is granted to display information, subject to any expressly stated restrictions or limitations relating to specific material, electronically copy and print hard copy portions of this Site for the sole purpose of making reservations and any associated actions related to any of the Services for your own non – commercial use. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this Site is strictly prohibited, unless specifically authorized by us, in writing. You further agree not to change or delete any proprietary notices from materials downloaded from the Site.
The Site contains the name, trade and Service marks, domain names, distinctive brand features, logos, and other valuable trade and Service marks either owned by us or licensed to us to distinguish our Services and products (collectively referred to as “TBH Intellectual Property”). All intellectual property rights in or to our Services and products (including any future updates on Site, schemes, discounts etc.) will continue to belong to us and are protected by applicable trademark laws.
Nothing contained on the Site should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any of the trademarks without the written permission of TBH or such other party that may own the trademarks.
You must not use any of the TBH Intellectual property:
- Either alone or in conjunction or combination or variation with other trade and Service marks, or logos
- In or as the whole or part of your own trademarks or in connection with activities, products or Services which are not undertaken or provided by TBH
- In a manner which may be confusing, misleading or deceptive
- In a manner that disparages TBH or its information, products or Services (including the Site).
The right to use the Information is a license only, not a transfer of title, and you must not:
- Copy or simulate under any national and international law and shall not reproduce, copy or otherwise use in any manner whatsoever, any material whether tangible or intangible.
- Create derivative works from any part of the Site or commercialize any Information, products or Services obtained from any part of the Site.
- Make unauthorized use, copy, distribute, replicate, display, reproduce, transmit, counterfeit, remove, transfer, interfere in any form or by any means whether electronic, mechanical, photocopying, recording, or otherwise for any commercial purpose or public display, performance, sale or rental.
- Access or use the Site in any manner which is illegal or prohibited by laws which apply to you.
- You must be responsible for downloading, reproducing or otherwise using the Information and shall be prevented from any unauthorized copying of the Information
- In addition, you agree that you will not use robots, spiders, other automatic devices, or manual processes to monitor or copy or use the Site or the content contained herein.
- You assume all responsibility and risk for your use of, or reliance upon Information on the Site or any other material accessed through the Site including via any Linked Website.
- You must take your own precautions that the process or server which you employ for accessing the Site does not expose you to the risk of viruses, corrupted data, worms, other instructions or design that would erase data or programming or cause the Site or any equipment or system to become inoperable or incapable of being used in the full manner for which it was designed, or be subjected to malicious computer code, computer programme routine or process or other forms of interference which may damage your computer system.
- You are responsible for ensuring that your computer system or any other device through which you access the Site meets all relevant technical specifications necessary to use the Site and is compatible with the Site
- You must ensure that all and any details and information which you or any third party acting on your behalf, provide to TBH, while using the Site or availing our Services, shall be true, accurate and complete and shall not contain any virus, malicious computer code, computer programme routine or process or other form of interference which may damage the computer system of TBH or that the Information shall not detrimentally interfere with or surreptitiously intercept or expropriate any TBH system, data or information.
- You warrant that the credit / debit cards used by you at the time of making reservations, bookings and / or cancellations is your own and that there are sufficient funds to cover the cost of the Services so booked and reserved by you.
- You are responsible and financially accountable for maintaining the secrecy of your passwords, cvv code, credit card details, debit card details, login, account information and/or any of your confidential details.
When you submit, upload, transmit or display any data, information, media or other content in connection with your use of the Site, including your posts, complaints and comments under the”Blogs” section (“Your Content”), you warrant, understand and agree that:
- You will continue to own and be responsible for Your Content. We recommend that you keep a back-up copy of it at all times.
- You have the rights required to submit, transmit or display Your Content. Your Content (and our use of Your Content in accordance with these Terms) does not infringe or violate the rights of any person or organisation or otherwise contravene any applicable laws or regulations.
- You will be liable to ensure that any information shared by you for other users or visitors on the Site to read is true and does not contain any matter that is socially and lawfully forbidden.
- We reserve the right to block or remove communications or materials that we determine to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to us, at our sole discretion. If you breach any of these Terms we will terminate immediately, without the necessity of any notice being given to you, your use of the Site and our Services.
TBH also provides you with the ability to interact with us through social media Services, such as through Facebook and other Sites. These features may enable integration and/or access to your social media accounts. All content posted by you on such social media websites with regards to the Site, or our products and Services shall be governed by these Terms. We do not control those social media Services and you are encouraged to read all Terms, policies and information on the applicable social media Services to learn more about how they handle your information before using any such features made available to you on the Site. We are not responsible for the performance of or for any acts or omissions by any third party social media Service provider or your use of the features that come with or from their platforms.
Warranty & Disclaimer:
We warrant to You that we will provide our Services using reasonable care and skill.
While TBH seeks to ensure that the content and information displayed on the Site is reliable, effective and accurate; errors and omissions may occur and therefore, apart from this warranty and to the maximum extent permitted by law, TBH does not make or give and expressly excludes all and any warranty, representation or undertaking (express or implied) of any kind as to any content, information or matter relating to, transmitted and displayed on the Site, including without limitation: (I) any representation, warranty or undertaking that the Site and our Services will be uninterrupted, secure or error-free or free from viruses; or (II) that the Site and our Services or information provided will be of merchantable quality, fit for a particular purpose or not knowingly infringe the intellectual property rights of any person.
Neither TBH nor any of its subsidiaries or affiliates shall be liable to you or anyone else for any loss, injury or damage, direct, indirect, special or consequential, that result from the use, inability to use or access, performance or failure of the Site or any Linked Website, any reliance made by you on the information, content and material displayed on the Site, including via any Linked Website, irrespective of whether such damages were foreseeable or not. You should make your own inquiries and seek independent professional advice before acting or relying on any such information or material.
You can change the language of the Site for your convenience with the “Translate” option available on the Site. We avail the Services of independent third parties to provide you with the “Translate” feature and therefore we do not guarantee the accuracy or correctness or similar connotation of the Information, content, Services, retreat stay package, price details, and all data available on the Site being translated by you. The translated data, information, content, Services, retreat stay package, price details may bear a different meaning after translation and you are therefore advised to contact us prior to making any reservations and bookings based on translated information. We do not hold any responsibility if you are misled or you misinterpret any information on the Site after translation.
We may suspend, delete, inactivate, shut down or discontinue any aspect of the features or our Services on the Site. You agree that we shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Site, any of its features or our Services.
If you are dissatisfied with the use of the Site or any of the Services offered in connection therewith or these Terms, your sole and exclusive remedy shall be to discontinue use of the Site and our Services immediately.
TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATION, YOU WAIVE ANY AND ALL IMPLIED REPRESENTATIONS, WARRANTIES AND UNDERTAKINGS.
Limitation of Liability:
Based on the details and information provided by you, we may recommend Services to you or may advise that you not to avail of certain Services, which may not be suited to you. In the event you choose to avail of Services that we may have advised you against, then neither Harp Resorts Private Limited, its Employees nor any of its subsidiaries or affiliates shall be liable to you or anyone else for any loss, injury or damage, direct, indirect, special or consequential, that result from your use of such Services.
To the extent permitted by applicable laws and regulations, the total aggregate liability of us and our affiliate companies for all claims in connection with these Terms, or our Services, arising out of any circumstances, shall be restricted to the amount if any paid by you for any of our Services mentioned on TBH Site or GBP 100, whichever is greater.
Linked Websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those Linked Websites, or of any information, graphics, materials, products or Services referred to or contained on those Linked Websites. We also do not guarantee the quality, reliability or suitability of any Services provided, or made available by Linked Websites through their websites and we will bear no responsibility or liability for such third party Services. By using the Site and our Services, You expressly acknowledge and agree that we shall not be held responsible or liable for any damages, claims or other liability arising from or related to your use of any Linked Website or by your reliance on any content hosted on the Site by any Linked Website.
You agree to indemnify and defend and hold us and our subsidiaries, affiliates, officers, directors, agents and employees harmless from any claim or demand, made by any third party due to or arising out of your breach of these Terms or the documents it incorporates by reference, or your violation of any law or the rights of a third party. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
In the event that a product or any Service has been mistakenly listed at an incorrect price, we reserve the right to refuse or cancel any reservation placed for the product or Service listed at the incorrect price. TBH reserves the right to refuse or cancel any such reservation or booking completed at the incorrect price whether or not the reservation or booking has been confirmed and your card charged. If your card has already been charged for the booking or reservation made by you and your reservation or booking is cancelled by us, you will be issued a credit to your card account for the amount of the incorrect price. The Site may contain technical inaccuracies and typographical errors, including but not limited to inaccuracies relating to pricing or availability applicable to your transaction.
- If TBH waives any rights available to it under these Terms on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
- If any of these Terms are held to be invalid, unenforceable or illegal for any reason, the remaining Terms shall nevertheless continue in full force.
- The Site is for your personal, non-commercial use and the Information may be downloaded or printed by you solely for that purpose. You are completely responsible for all charges, fees, duties, taxes and assessments arising out of your use of the Site.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms or our Services that is caused by events outside our reasonable control (“Force Majeure Event”).Our performance under these Terms and our Services is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close as soon as possible so as to ensure timely performance of our Services to you and the performance of our obligations under these Terms. You acknowledge and agree that neither us nor our partners, affiliates or group companies shall be liable to you or any third party for any damages or losses whether direct, indirect, special, exemplary, consequential or punitive that may result from a Force Majeure event.
Governing Law & Jurisdiction:
By using the Site and our Services, you agree to be governed by the laws of India and submit yourself to the exclusive jurisdiction of the Courts in Goa, India in the event of any disputes arising out of these Terms or the performance of our Services.
If You have any concerns about these Terms or our Services, you may contact us via email on [email protected]
Version: 2, Dated: 15 December 2015