Terms Of Use
These Terms of Use for website and/or application (“app”) relate to the use of the Alkashray platform and its related services, applications and tools. By using the services via Alkashray platform, you (“you”, “your”, “User”) confirm that you accept these Terms of Use and that you agree to comply with the same and same shall be binding on you.
Alkashray platform is an app and web based platform exclusively owned and operated by Manoprem Trust (“we”, “us”, “Alkashray”).
1. Services
Alkashray website and/or app is a platform which may directly or indirectly contain graphics, designs, materials, ideas, plans, information, photographs, etc. and such other similar contents to support and help the User in their bookings. The User has no right to pass, sell, publish, move, reproduce, or develop modified or redone works or use the site and/or app content in any similar way, in part or in whole. The services are non-transferrable i.e. only the person/s in whose name the booking is done shall be eligible to avail the services and nobody else. Alkashray reserves the right to change the nature of its services at its sole discretion and such changes may be notified on the website and/or app from time to time.
2. Eligibility
The User must be of legal age to access and use the website and/or the app through any electronic device. The User represents and warrants that the User has the right, authority and capacity to enter into these Terms of Use and to abide by all of the terms and conditions set forth herein and as per the applicable laws and regulations.
3. Availability
Although Alkashray endeavors to provide services to the best of its availability, but Alkashray does not warrant that the service from this site will be timely, uninterrupted or error free.
4. Use of the Website or Application
By accessing this website, the User warrants and represents to Alkashray that the User is legally entitled to do so and to make use of information made available via the website and/or app. The User agrees, undertakes and confirms that use of the website shall be strictly governed by the following binding principles:
The User shall not host, display, upload, modify, publish, transmit, update or share any information which:
- Belongs to another person and to which the User does not have any right
- Is grossly harmful, harassing, defamatory, obscene, pornographic, libelous, invasive of another’s privacy, hateful, orracially, ethnically objectionable, or otherwise unlawful in any manner.
- Is misleading in any way
- Infringes upon or violates any third party’s rights
- Tries to gain unauthorized access or exceeds the scope of authorized access to the website and/or app.
- Violates any law which is in force at that time.
- Is false, inaccurate or misleading
5. Payment Platforms
- The acceptable modes of payment are:
- credit card
- debit card
- internet banking
- UPI
- Demand Drafts [If you submit a Demand Draft, you are requested to provide your bank account information for refund, if any.]
- The acceptable modes of payment do not include cash and cheques.
- You hereby declare that any credit or debit card used by you for payment shall meet the following criteria-
- The card shall be active and not have expired and should be a valid credit or debit card issued by a recognized financial institution,
- The card shall have sufficient funds for payment of the services availed and
- The card shall not have been stolen or otherwise give rise to any civil or criminal liability or proceedings
- You are permitted by the owner of the card to make payments by the said card.
- You agree and understand that payment mechanisms may be governed by separate or additional terms of use prescribed by us or by separate agreements between us and the third parties who provide facilities for such payment mechanism.
- You agree that the payment shall be your responsibility and you take all accountability or liability for defect or any issues in any payment procedure.
- Any applicable taxes payable under law shall be paid and borne by you.
6. Limitation of liability
- to the extent that the website and/or app is provided free-of-charge, for any direct loss;
- for any direct, indirect, special, exemplary or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.Alkashray will not be liable to you (whether under the law of contract, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with this website and/or app:
7. Variation
Alkashray may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website and/or app from the date of the publication of the revised terms and conditions on this website and/or app. Please check this page regularly to ensure you are familiar with the current version.
8. Maintenance
Alkashray may at its sole discretion and without assigning any reason thereof and without any prior notice may at any time deactivate or suspend the User’s access to the Website and/or app and/or the services to carry out maintenance, upgradation or such other related work of the website and/or app. The User agrees and understands that Alkashray takes no responsibility for and will not be liable for loss of the User’s data.
9. Copyright
Subject to the express provisions of these terms and conditions:
(a) Alkashray, together with its licensors, own and control all the copyright and other intellectual property rights on the website and/or app and the material on the website and/or app and/or forms.
(b) All the copyright and other intellectual property rights including the material on the website and/or app and/or forms are reserved.
(c) No material from the website and/or application and/or the forms can be copied or downloaded, edited, modified or saved except as expressly permitted.
10. Intellectual Property Rights
All Intellectual Property Rights including, without limitation, all database rights, rights in designs, rights in know-how, patents and rights in inventions in all cases whether registered or unregistered and including all rights to apply for registration and all other intellectual or industrial property rights in any jurisdiction in any information, content, materials, data or processes contained on or pertaining to the website and/or app belong to Alkashray or its licensed source. All rights of Alkashray in such Intellectual Property Rights are hereby reserved. Alkashray is the sole owner or lawful licensee of all the rights to the website and/or app and its content. Website and/or app content means its design, layout, text, images, graphics, audio, video, etc. The website and/or app content embodies Intellectual Property Rights protected under worldwide copyright and other laws. Alkashray accepts no responsibility for any errors or omissions, or for the results obtained from the use of this information. All information on this website and/or app is provided “as is” with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose.
11. Linking to sites
For convenience and enjoyment of the User, Alkashray may provide links to other web sites on the world wide web that are not operated by Alkashray. These links do not mean that Alkashray endorses, approves or sponsors any information available at the linked site or any products that may be sold therein, nor is Alkashray liable for any damage that might result from use of such information.
12. No Warranties
This website and/or app is provided “as is” without any representations or warranties, express or implied. Alkashray makes no representations or warranties in relation to this website and/or app or the information and materials provided on the website and/or app.
Without prejudice to the generality of the foregoing paragraph, Alkashray does not warrant that:
- this website and/or app will be constantly available, or available at all; or
- The information on this website and/or app is complete, true, accurate or non-misleading.
Nothing on this website and/or app constitutes, or is meant to constitute, advice of any kind.
13. Indemnity
You agree to indemnify and keep indemnified Alkashray, its independent service providers, third party suppliers, and consultants, and their respective officers, employees and agents from and against any and all losses, liabilities, claims, damages, demands, costs and expenses including legal fees asserted against or incurred by Alkashray that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to this Policy. This clause and your obligations under this Policy will survive even after your check-out from Alkashray.
14. Confidentiality
Confidential Information shall mean any and all information of the Disclosing Party whether furnished in written, verbal, electronic or any other format and whether or not clearly labeled or marked as confidential / proprietary or its equivalent, which is of a non-public, proprietary, or confidential nature, or which should reasonably be recognized as confidential or proprietary information furnished by or on behalf of the Disclosing Party.
Any party receiving Confidential Information from the other (“Receiving Party”) shall, except as may be subsequently agreed in writing by the party disclosing the Confidential Information (“Disclosing Party”) at any time:
- Keep all Confidential Information of the Disclosing Party strictly confidential and not disclose any part of it to any other person without the Disclosing Party’s prior written consent.
- act in good faith at all times in relation to the Disclosing Party’s Confidential Information, and will not use any of the Disclosing Party’s Confidential Information for any purpose other than the performance of the agreement.
- Use the same degree of care to protect the Disclosing Party’s Confidential Information as it uses to protect its own confidential information of a similar nature, being at least a reasonable degree of care.
- only disclose the Disclosing Party’s Confidential Information to its professional advisers, its officers and employees who have need to have access to the Disclosing Party’s Confidential Information for the performance of their work with respect to the agreement, provided that the Receiving Party shall retain full liability for any act or omission of any person to whom Confidential Information is disclosed under this clause which would have constituted a breach by that person of the terms of the agreement had such a person been a party to it.
- Promptly inform the Disclosing Party of any unauthorized use or disclosure of the Disclosing Party’s Confidential Information of which it becomes aware.
15. Force Majeure
We will not be liable for any delay, interruption or failure of services if caused by a force majeure event. Force Majeure shall mean conditions or events which cannot reasonably be forecasted or provided against, and which cannot be predicted by men of ordinary prudence or beyond the control of any party, like , an act of nature or terrorism, war, civil commotion, labour strike or lock-out, pandemic, epidemic, failure or default of public utilities or common carriers, or destruction of production facilities or materials by fire, earthquake, storm or like catastrophe.
16. Termination
Alkashray may terminate, change, suspend or discontinue any aspect or services of the website and/or app at any time. Alkashray may restrict, suspend or terminate your access to the website and/or app and/or its services if we believe you are in breach of our terms and conditions or applicable law, or for any other reason without notice or liability. The User agrees and understands that Alkashray takes no responsibility for and will not be liable for loss of the User’s data.
17. Governing Laws
The Terms of Use, and the relationship between Alkashray and the User, shall be governed by the laws of India, without regard to conflict of law provisions. The User agrees that any cause of action that may arise under the Terms of Use shall be commenced and heard in the appropriate court in Pune, Maharashtra. The User agrees to submit to the personal and exclusive jurisdiction of the courts located in Pune, Maharashtra.
18. Assignability
Alkashray may at its sole discretion, assign any of its responsibilities or obligations to any other person without notice to the User however the User shall not assign or transfer any of its rights under this Terms of Use to any other party, unless a written consent is taken from Alkashray.
19. Entire Agreement and Severability Clause
These Terms of Use contain the entire agreement between the parties in relation to its subject matter. If at any time any part of these Terms of Use is held to be or becomes void or otherwise unenforceable for any reason under any applicable law, the same shall be deemed omitted from these Terms of Use and the validity and/or enforceability of the remaining provisions of these Terms of Use shall not in any way be affected or impaired as a result of that omission.
20. Changes to Terms of Use
Alkashray may edit, change or modify this Terms of Use from time to time with or without notifying you and such new Terms of Use shall be binding on you.
21. Contact
Any questions regarding this Terms of Use should be sent to enquiry@alkashray.com
