Terms & Conditions

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Terms & Conditions

APPLICABILITY

This User Agreement along with Terms Of Service (collectively, the "User Agreement") forms the terms and conditions for the use of services and products of WoW Rooms Hospitality Pvt LTd Hospitality Private Limited ("WOW ROOMS HOSPITALITY PVT LTD").

Any person ("User") who inquiries about or purchases any products or services of WoW Rooms Hospitality Pvt LTd through its websites, mobile applications, sales persons, offices, call centers, branch offices, franchisees, agents etc. (all the aforesaid platforms collectively referred to as "Sales Channels") agree to be governed by this User Agreement. The websites and the mobile applications of WoW Rooms Hospitality Pvt LTd are collectively referred to as 'Website'.

Both User and WoW Rooms Hospitality Pvt LTd are individually referred to as 'Party' and collectively referred to as 'Parties' to the User Agreement.

"Terms of Service" available on WowRoom's website details out terms & conditions applicable on various services or products facilitated by WoW Rooms Hospitality Pvt LTd. The User should refer to the relevant Terms of Service applicable for the given product or service as booked by the User. Such Terms of Service are binding on the User.

ELIGIBILITY TO USE

The User must be atleast 18 years of age and must possess the legal authority to enter into an agreement so as become a User and use the services of WoW Rooms Hospitality Pvt LTd. If you are a minor or are below the age of 18 years, you shall not register as a User of the Website and shall not transact on or use the Website.

As a minor if you wish to use or transact on the Website, such use or transaction shall only be made by a person of legal contracting age (legal guardian or parents). We reserve the right to terminate your membership and/or block access to the Website if it is discovered that you are a minor or incompetent to contract according to the law or any information pertaining to your age entered at the time of creation of account is false.

Before using the Website, approaching any Sales Channels or procuring the services of WoW Rooms Hospitality Pvt LTd, the Users shall compulsorily read and understand this User Agreement, and shall be deemed to have accepted this User Agreement as a binding document that governs User's dealings and transactions with WoW Rooms Hospitality Pvt LTd. If the User does not agree with any part of this Agreement, then the User must not avail Wowroom's services and must not access or approach the Sales Channels of WoW Rooms Hospitality Pvt LTd.

All rights and liabilities of the User and WoW Rooms Hospitality Pvt LTd with respect to any services or product facilitated by WoW Rooms Hospitality Pvt LTd shall be restricted to the scope of this User Agreement.

CONTENT

All content provided through various Sales Channels, including but not limited to audio, images, software, text, icons and such similar content ("Content"), are registered by WoW Rooms Hospitality Pvt LTd and protected under applicable intellectual property laws. User cannot use this Content for any other purpose, except as specified herein.

User agrees to follow all instructions provided by WoW Rooms Hospitality Pvt LTd which will prescribe the way such User may use the Content.

There are a number of proprietary logos, service marks and trademarks displayed on the Website and through other Sales Channels of WoW Rooms Hospitality Pvt LTd, as may be applicable. WoW Rooms Hospitality Pvt LTd does not grant the User a license, right or authority to utilize such proprietary logos, service marks, or trademarks in any manner. Any unauthorized use of the Content, will be in violation of the applicable law.

WoW Rooms Hospitality Pvt LTd respects the intellectual property rights of others. If you notice any act of infringement on the Website, you are requested to send us a written notice/ intimation which must include the following information;

· Clear identification of such copyrighted work that you claim has been infringed;

· Location of the material on the Website, including but not limited to the link of the infringing material;

· The proof that the alleged copyrighted work is owned by you;

· Contact information;

WEBSITE

The Website is meant to be used by bonafide User(s) for a lawful use.

User shall not distribute exchange, modify, sell or transmit anything from the Website, including but not limited to any text, images, audio and video, for any business, commercial or public purpose.

The User Agreement grants a limited, non-exclusive, non-transferable right to use this Website as expressly permitted in this User Agreement. The User agrees not to interrupt or attempt to interrupt the operation of the Website in any manner whatsoever.

Access to certain features of the Website may only be available to registered User(s). The process of registration, may require the User to answer certain questions or provide certain information that may or may not be personal in nature. Some such fields may be mandatory or optional. User represents and warrants that all information supplied to WoW Rooms Hospitality Pvt LTd is true and accurate.

WoW Rooms Hospitality Pvt LTd reserves the right, in its sole discretion, to terminate the access to the Website and the services offered on the same or any portion thereof at any time, without notice, for general maintenance or any other reason whatsoever.

WoW Rooms Hospitality Pvt LTd will always make its best endeavors to ensure that the content on its websites or other sales channels are free of any virus or such other malwares. However, any data or information downloaded or otherwise obtained through the use of the Website or any other Sales Channel is done entirely at the User's own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that may result from the download of such data or information.

WoW Rooms Hospitality Pvt LTd reserves the right to periodically make improvements or changes in its Website at any time without any prior notice to the User. User(s) are requested to report any content on the Website which is deemed to be unlawful, objectionable, libelous, defamatory, obscene, harassing, invasive to privacy, abusive, fraudulent, against any religious beliefs, spam, On receiving such report, WoW Rooms Hospitality Pvt LTd reserves the right to investigate and/or take such action as the Company may deem appropriate.

BOOKINGS BY TRAVEL AGENTS

Except with the prior registration with WoW Rooms Hospitality Pvt LTd as B2B agents, priority partner or a franchisee, and explicit permission of WoW Rooms Hospitality Pvt LTd to use the Website, all travel agents, tour operators, consolidators or aggregators ("Travel Agents") are barred from using this Website for any commercial or resale purpose. If any such bookings are detected, WoW Rooms Hospitality Pvt LTd reserves the right, including without limitation, to cancel all such bookings immediately without any notice to such travel agents and also to withhold payments or any refunds thereto. WoW Rooms Hospitality Pvt LTd shall not be held liable for any incidental loss or damage that may arise from the bookings made by any person through such Travel Agents. The liability in case of such cancellations shall be solely borne by such Travel Agents.

All discounts and offers mentioned on the Website are applicable only to the User(s) of WoW Rooms Hospitality Pvt LTd for legitimate bookings.

LIMITED LIABILITY OF WoW Rooms Hospitality Pvt LTd

Unless WoW Rooms Hospitality Pvt LTd explicitly acts as a reseller in certain scenarios, WoW Rooms Hospitality Pvt LTd always acts as a facilitator by connecting the User with the respective service providers like airlines, hotels, restaurants, etc. (collectively referred to as "Service Providers"). WowRoom's liability is limited to providing the User with a confirmed booking as selected by the User.

Any issues or concerns faced by the User at the time of availing any such services shall be the sole responsibility of the Service Provider. WoW Rooms Hospitality Pvt LTd will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence on part of any Service Provider.

Unless explicitly committed by WOW ROOMS HOSPITALITY PVT LTD as a part of any product or service:

· WoW Rooms Hospitality Pvt LTd assumes no liability for the standard of services as provided by the respective Service Providers.

· WoW Rooms Hospitality Pvt LTd provides no guarantee with regard to their quality or fitness as represented.

· WoW Rooms Hospitality Pvt LTd doesn't guarantee the availability of any services as listed by a Service Provider.

By making a booking, User understands WoW Rooms Hospitality Pvt LTd merely provides a technology platform for booking of services and products and the ultimate liability rests on the respective Service Provider and not WoW Rooms Hospitality Pvt LTd. Thus the ultimate contract of service is between User and Service Provider.

USER'S RESPONSIBILITY

Users are advised to check the description of the services and products carefully before making a booking. User(s) agree to be bound by all the conditions as contained in booking confirmation or as laid out in the confirmed booking voucher. These conditions are also to be read in consonance with the User Agreement.

If a User intends to make a booking on behalf of another person, it shall be the responsibility of the User to inform such person about the terms of this Agreement, including all rules and restrictions applicable thereto.

The User undertakes to abide by all procedures and guidelines, as modified from time to time, in connection with the use of the services available through WoW Rooms Hospitality Pvt LTd. The User further undertakes to comply with all applicable laws, regulations, and orders, directions etc. issued by either the Central Government, State Government, District Authorities or any other statutory body empowered to do so w.r.t use of services or for each transaction.

The services are provided on an "as is" and "as available" basis. WoW Rooms Hospitality Pvt LTd may change the features or functionality of the services being provided at any time, in its sole discretion, without any prior notice. WoW Rooms Hospitality Pvt LTd expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, reasonably fit for all purposes. No advice or information, whether oral or written, which the User obtains from WoW Rooms Hospitality Pvt LTd or through the services opted shall create any warranty not expressly made herein or in the terms and conditions of the services.

SECURITY AND ACCOUNT RELATED INFORMATION

While registering on the Website, the User will have to choose a password to access that User's account and User shall be solely responsible for maintaining the confidentiality of both the password and the account as well as for all activities on the account. It is the duty of the User to notify WoW Rooms Hospitality Pvt LTd immediately in writing of any unauthorized use of their password or account or any other breach of security. WoW Rooms Hospitality Pvt LTd will not be liable for any loss that may be incurred by the User as a result of unauthorized use of the password or account, either with or without the User's knowledge. The User shall not use anyone else's account at any time.

User understands that any information that is provided to this Website may be read or intercepted by others due to any breach of security at the User's end.

WoW Rooms Hospitality Pvt LTd keeps all the data in relation to credit card, debit card, bank information etc. secured and in an encrypted form in compliance with the applicable laws and regulations. However, for cases of fraud detection, offering bookings on credit (finance) etc., WoW Rooms Hospitality Pvt LTd may at times verify certain information of its Users like their credit score, as and when required.

WoW Rooms Hospitality Pvt LTd adopts the best industry standard to secure the information as provided by the User. However, WoW Rooms Hospitality Pvt LTd cannot guarantee that there will never be any security breach of its systems which may have an impact on User's information too.

The data of the User as available with WoW Rooms Hospitality Pvt LTd may be shared with concerned law enforcement agencies for any lawful or investigation purpose without the consent of the User.

In addition to the cost of booking as charged by the Service Providers, WoW Rooms Hospitality Pvt LTd reserves the right to charge certain fees in the nature of convenience fees or service fees. WoW Rooms Hospitality Pvt LTd further reserves the right to alter any and all fees from time to time. Any such additional fees, including fee towards any modifications thereof, will be displayed to the User before confirming the booking or collecting the payment from such User.

In cases of short charging of the booking amount, taxes, statutory fee, convenience fee etc., owing to any technical error or other reason, WoW Rooms Hospitality Pvt LTd shall reserve the right to deduct, charge or claim the balance amount from the User and the User shall pay such balance amount to WoW Rooms Hospitality Pvt LTd. In cases where the short charge is claimed prior to the utilization of the booking, WoW Rooms Hospitality Pvt LTd will be at liberty to cancel such bookings if the amount is not paid before the utilization date.

Any increase in the price charged by WoW Rooms Hospitality Pvt LTd on account of change in rate of taxes or imposition of new taxes, levies by Government shall have to be borne by the User. Such imposition of taxes, levies may be without prior notice and could also be retrospective but will always be as per applicable law.

In the rare circumstance of a booking not getting confirmed for any reason whatsoever, WoW Rooms Hospitality Pvt LTd will process the refund of the booking amount paid by the User and intimate the User about the same. WoW Rooms Hospitality Pvt LTd is not under any obligation to provide an alternate booking in lieu of or to compensate or replace the unconfirmed booking. All subsequent bookings will be treated as new transactions. Any applicable refund will be processed as per the defined policies of the service provider and WoW Rooms Hospitality Pvt LTd as the case may be.

The User shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of the service, as per the applicable laws

The User agrees and understands that all payments shall only be made to bank accounts of WoW Rooms Hospitality Pvt LTd. WoW Rooms Hospitality Pvt LTd or its agents, representatives or employees shall never ask a customer to transfer money to any private account or to an account not held in the name of WoW Rooms Hospitality Pvt LTd. The User agrees that if that user transfers any amount against any booking or transaction to any bank account that is not legitimately held by WoW Rooms Hospitality Pvt LTd or to any personal account of any person, WoW Rooms Hospitality Pvt LTd shall not be held liable for the same. User shall not hold any right to recover from WoW Rooms Hospitality Pvt LTd any amount which is transferred by the User to any third party.

The User will not share his personal sensitive information like credit/debit card number, CVV, OTP, card expiry date, user IDs, passwords etc. with any person including the agents, employees or representatives of WOW ROOMS HOSPITALITY PVT LTD. The User shall immediately inform WOW ROOMS HOSPITALITY PVT LTD if such details are demanded by any of its agents' employees or representatives. WOW ROOMS HOSPITALITY PVT LTD shall not be liable for any loss that the User incurs for sharing the aforesaid details.

Refunds, if any, on cancelled bookings will always be processed to the respective account or the banking instrument (credit card, wallet etc.) from which payment was made for that booking.

Booking(s) made by the User through WOW ROOMS HOSPITALITY PVT LTD are subject to the applicable cancellation policy as set out on the booking page or as communicated to the customers in writing.

USAGE OF THE MOBILE NUMBER, COMMUNICATION DETAILS OF THE USER BY WoW Rooms Hospitality Pvt LTd

WoW Rooms Hospitality Pvt LTd will send booking confirmation, itinerary information, cancellation, payment confirmation, refund status, schedule change or any such other information relevant for the transaction or booking made by the User, via SMS, internet-based messaging applications like WhatsApp, voice call, e-mail or any other alternate communication detail provided by the User at the time of booking.

WoW Rooms Hospitality Pvt LTd may also contact the User through the modes mentioned above for any pending or failed bookings, to know the preference of the User for concluding the booking and also to help the User for the same.

The User hereby unconditionally consents that such communications via SMS, internet-based messaging applications like WhatsApp, voice call, email or any other mode by WOW ROOMS HOSPITALITY PVT LTD are:

· upon the request and authorization of the User;

· 'transactional' and not an 'unsolicited commercial communication' as per the guidelines of Telecom Regulation Authority of India (TRAI), and

· in compliance with the relevant guidelines of TRAI or such other authority in India and abroad.

The User will indemnify WoW Rooms Hospitality Pvt LTd against all types of losses and damages incurred by WoW Rooms Hospitality Pvt LTd due to any action taken by TRAI, Access Providers (as per TRAI regulations) or any other authority due to any erroneous complaint raised by the User on WoW Rooms Hospitality Pvt LTd with respect to the communications mentioned above or due to a wrong number or email id being provided by the User for any reason whatsoever.

INSURANCE

Unless explicitly provided by WoW Rooms Hospitality Pvt LTd in any specific service or deliverable, obtaining sufficient insurance coverage is the obligation of the User. In no case WoW Rooms Hospitality Pvt LTd shall accept any claims arising out of such scenarios.

Insurance, if any provided as a part of the service or product by WoW Rooms Hospitality Pvt LTd shall be as per the terms and conditions of the third-party insurance company.WoW Rooms Hospitality Pvt LTd merely acts as a facilitator in connecting the User with insurance company. The User shall contact the insurance company directly for any claims or disputes.WoW Rooms Hospitality Pvt LTd shall not be held liable in case of partial acceptance or denial of the claims by the insurance company.

FORCE MAJEURE

There can be exceptional circumstances where WOW ROOMS HOSPITALITY PVT LTD and / or the Service Providers may be unable to honor the confirmed bookings due to various reasons like act of God, labor unrest, insolvency, a pandemic, an epidemic, business exigencies, government decisions, terrorist activity, any operational and technical issues, route and flight cancellations etc. or any other reason beyond the control of WOW ROOMS HOSPITALITY PVT LTD. If WOW ROOMS HOSPITALITY PVT LTD has advance knowledge of any such situations where dishonor of bookings may happen, it will make its best efforts to provide similar alternative to the User or refund the booking amount after deducting applicable service charges, if supported and refunded by that respective service operators. The User agrees that WOW ROOMS HOSPITALITY PVT LTD being merely a facilitator of the services and products booked, cannot be held responsible for any such Force Majeure circumstance. The User has to contact the Service Provider directly for any further resolutions and refunds.

The User agrees that in the event of non-confirmation of booking due to any technical reasons (like network downtime, disconnection with third party platforms such as payment gateways, banks etc.) or any other similar failures, WOW ROOMS HOSPITALITY PVT LTD’s obligation shall be limited refunding the booking amount, if any, received from the customer. Such refund shall completely discharge WOW ROOMS HOSPITALITY PVT LTD from all liabilities with respect to that transaction. Additional liabilities, if any, shall be borne by the User.

In no event shall WOW ROOMS HOSPITALITY PVT LTD and be liable for any direct, indirect, punitive, incidental, special or consequential damages, and any other damages like damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website or any other Sales Channel.

ADVERTISERS ON WoW Rooms Hospitality Pvt LTd, AND LINKED WEBSITES

The Website may contain links to third party websites. WOW ROOMS HOSPITALITY PVT LTD does not control such websites and is not responsible for its contents. If a User accesses any third-party website, the same shall be done entirely at the User's risk and WOW ROOMS HOSPITALITY PVT LTD shall assume no liability for the same.

WOW ROOMS HOSPITALITY PVT LTD is not responsible for any errors, omissions or representations on any of its pages, links or any linked website pages to the extent such information is updated or provided directly by the Service Providers or the advertisers.

WOW ROOMS HOSPITALITY PVT LTD does not endorse any advertisers on its Website, or any linked sites in any manner. The Users are requested to verify the accuracy of all information provided on the third-party web pages.

The linked sites are not under the control of WOW ROOMS HOSPITALITY PVT LTD and hence WOW ROOMS HOSPITALITY PVT LTD is not responsible for the contents of any linked site(s) or any further links on such site(s), or any changes or updates to such sites. WOW ROOMS HOSPITALITY PVT LTD is providing these links to the Users only as a convenience.

RIGHT TO REFUSE

RIGHT TO REFUSAL BY WOW ROOMS HOSPITALITY PVT LTD:

WOW ROOMS HOSPITALITY PVT LTD at its sole discretion reserves the right to not accept any booking without assigning any reason thereof.

WOW ROOMS HOSPITALITY PVT LTD will not provide any service or share confirmed booking details till such time the complete consideration is received from the User.

In addition to other remedies and recourse available to WOW ROOMS HOSPITALITY PVT LTD under this User Agreement or under applicable law, WOW ROOMS HOSPITALITY PVT LTD may limit the User's activity, warn other users of the User's actions, immediately suspend or terminate the User's registration, or refuse to provide the User with access to the Website if:

· The User is in breach of this User Agreement; or

· WOW ROOMS HOSPITALITY PVT LTD is unable to verify or authenticate any information provided by the User; or

· WOW ROOMS HOSPITALITY PVT LTD believes that the User's actions may infringe on any third-party rights or breach any applicable law or otherwise result in any liability for the User, other users of WOW ROOMS HOSPITALITY PVT LTD, or WOW VILLAS itself.

Once a User has been suspended or terminated, such User shall not register or attempt to register with WOW ROOMS HOSPITALITY PVT LTD with different credentials, or use the Website in any manner whatsoever until such User is reinstated by WOW ROOMS HOSPITALITY PVT LTD. WOW ROOMS HOSPITALITY PVT LTD may at any time in its sole discretion reinstate suspended users.

If a User breaches this User Agreement, WOW ROOMS HOSPITALITY PVT LTD reserves the right to recover any amounts due to be paid by the User to WOW ROOMS HOSPITALITY PVT LTD, and to take appropriate legal action as it deems necessary.

The User shall not write or send any content to WOW ROOMS HOSPITALITY PVT LTD which is, or communicate with WOW ROOMS HOSPITALITY PVT LTD using language or content which is:

· abusive, threatening, offensive, defamatory, coercive, obscene, belligerent, glorifying violence, vulgar, sexually explicit, pornographic, illicit or otherwise objectionable;

· contrary to any applicable law;

· violates third parties' intellectual property rights;

· a spam; or

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