TERMS & CONDITIONS

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.ooakhotels.com Website or on the OOAK Hotels mobile application.

This internet based website www.ooakhotels.com (here in after "Website") and its other digital belongings holding but not limited to its mobile application ("Application") which is a technology platform owned, operated and made available by OOAK Hotels ("OOAK Hotels"), a company incorporated under the laws of India, having its registered place of business at B-85, 4th Floor, Sector-02, Noida-201301, India, and its corporate office at B-85, 4th Floor, Sector-02, Noida-201301, which enables the user to connect with independent third party hotel owners ("Channel Partner") offering hiring of various guest houses/ hotels/ accommodations listed on the Website to the users ("Services"). These terms and conditions (including those incorporated by reference and including all schedules, appendices and annexures etc.) and Privacy Policy (collectively "Usage Terms") with regard to the use of this Website form, an agreement between OOAK Hotels and the user(s)/registered users of the Website ("User" "You" or "Customer", as the case may be).

This Website offers you to access the Website and the Services through the Website subject to adhering to Usage Terms in their completeness. OOAK Hotels shall do all the reasonable efforts to connect you with a Channel Partner as per your requirement. However, the User acknowledges that Channel Partner shall provide User/You the services and therefore the same is subject to the contract between YOU and the Channel Partner. OOAK Hotels shall never be a party to any such contract. By using this Website you hereby acknowledge and agree that OOAK Hotels is not a hotel/guest house owner and has no control over the conduct or behaviour of the Channel Partner or the quality, fitness or the suitability of the services provided by Channel Partner. OOAK Hotels disclaims any and all liabilities in this regard.

1.MEMBERSHIP ELIGIBILITY

You are informed to read the terms and conditions carefully before registering on the website or accessing any data related to any service offered through the website. Your usage or registration and/or the services provided under the website shall be automatically considered as your consent for the usage terms and conditions and your agreement to be legally bound by the same.

Free Membership on the Website

If you are not congenial to all the Usage Terms and the conditions, then you must halt here and must not use the website application and its services. Your use of the Website/ Application implies that you agree with the Usage Terms in their entirety. You agree, acknowledge and recognize that the contract of sale is made in India, is governed exclusively by laws of India and is subject to the exclusive jurisdiction of the High Court of Delhi at New Delhi and its subordinate courts to the exclusion of all other courts.

You hereby confirm and assure us you being at least eighteen (18) years of age or above and are proficient of entering, performing and adhering to these Usage Terms, and give your consent to be bound by these Usage Terms. User below the age of 18 is allowed to utilize/browse the Website, only with the involvement, guidance and supervision of their parents and / or legal guardians, under such Parent /Legal guardian's registered account.

The User agrees and acknowledges, the Website can only be used by user above the legal age of 18 years to form a binding contract under the laws as applicable in India. Individuals who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including but not limited to minors, un-discharged insolvents etc. are not eligible to use this Website and purchase the Product(s). OOAK Hotels reserves the rights to terminate such User's access and refuse to provide User with access to the Website if OOAK Hotels finds the user below 18 years. Furthermore OOAK Hotels has the right at its sole discretion to refuse to provide access to or terminate the access of any person(s) whatsoever with or without notice.

OOAK Hotels provides Services on the Website subject to complete adherence to the Usage Terms by the User. By accessing, viewing, or using this Website, You acknowledge, declare, confirm and represent & warrant to OOAK Hotels that you have read and understood the Usage Terms and accept them as an agreement as the binding legal contract equivalent of a duly signed contract binding on You. This agreement is effective immediately upon your accessing, viewing, or using this Website. You are advised to regularly check for any amendments or updates to the Usage Terms mentioned herein from time to time. OOAK Hotels may add to or change, update these Usage Terms from time to time entirely at its sole discretion. Your use of the Website and any amendment to the Usage Terms shall constitute your acceptance of these Usage Terms and you agree to be bound by any such changes/revisions/amendments. Website/shall not be obliged to notify you, irrespective of the fact that you are registered or not, of any modifications made to the Usage Terms. As long as you comply with the provisions of this Agreement, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website. Your access to the Website for purchasing the Services or for mere browsing is subject to the most current version of the Usage Terms appearing on the Website at the time of such use.

In case you are not eligible to use the Website, but still persist in doing so, or violate any Usage Terms herein, or furnish false/fraudulent information to order to avail the Service(s), you are put to caution that your Web browser transmits a unique address, which can be accessed by the law enforcement agencies to track and discover your identity.

2. WEBSITE

The Website is an online marketplace, where Users may encounter and interact with Channel Partner for their transactions. Channel Partners list their guest houses, hotels and other lodgings ("Accommodations") on the Website and User reserves the Accommodation at the prices specified by the Channel partner on the Website. OOAK Hotels hereby clarifies and the User agrees & understands that OOAK Hotels is not the owner of the Accommodations and will not be liable for any services or lack of them at the Accommodations booked by the User. It is hereby further clarified that OOAK Hotels and Channel Partners are separate and independent entities, and neither OOAK Hotels works as a representative or agent of the Channel Partner. By making a reservation/booking at the listed Places the User enters into commercial/contractual terms as offered by, and agreed to, between Channel Partner and the User alone. OOAK Hotels does not have any control, or determines or advises or in any way involves itself in the offering or acceptance of such commercial/contractual terms between Channel Partner and the User.

OOAK Hotels is not responsible for any non-performance or breach of any contract entered into between User (includes Registered User or Guest User) and the Channel Partner. OOAK Hotels cannot, and does not guarantee that the concerned Channel Partners will perform any transaction concluded on the Website. OOAK Hotels shall not be accountable and not required to mediate or resolve any dispute or disagreement between User and Channel Partner. In no event, shall OOAK Hotels be made a party to dispute between User(s) and Channel Partner(s).

3. MARKET PLACE/PLATFORM

The Website is a marketplace through which Channel Partners can reach a larger audience to rent out their Accommodations. OOAK Hotels simply provides a platform for communication and it is agreed that the contract for renting of any of the Accommodations or Services shall be a strictly bipartite contract between the Channel Partner and the User.

You hereby agree and understand that all the Accommodations listed on the Website are done by the Channel Partner and as per the details provided by Channel Partner(s). OOAK Hotels has no role once you/User have utilised the Services unless specified otherwise by OOAK Hotels. Channel Partners will be responsible for providing any services to the User at the Accommodation reserved by User. OOAK Hotels has no control over the Channel Partner and it will be Channel Partner's responsibility to provide Accommodation and services as mentioned on the Website. User acknowledge and agrees that while checking-in at the Accommodation, You might have to enter into a separate agreement with the Channel Partner at Channel Partner's sole discretion and You/User shall abide by the terms and conditions of such agreement and accept any conditions, restriction, rules imposed by virtue of the agreement between You and the Channel Partner. OOAK Hotels hereby state that it has no knowledge of the agreement User might have to enter with the Channel Partner and OOAK Hotels shall have no obligation to fulfil any conditions mentioned in the agreement agreed between User and the Channel Partner.

4. RESERVATION/BOOKING OF SERVICES

The process of booking Services from this Website may require you to disclose confidential information including Credit Card number etc. To prevent any possibility of unauthorized access to your confidential information such as name, address etc., you shall not use/access this site from unsecure computers, unsecure communication links, unsecure mobile phones or locations such as Internet-Cafe(s), Cyber-Cafe(s) and other commercially available internet enabled computers or computer services.

That relying on declarations, confirmations, Information and obligations made/undertaken by the User in accordance with Usage Terms in this Agreement, and believing the same to be true and acting on the faith thereof, OOAK Hotels has agreed to provide the Services to the User as per the Usage Terms mentioned herein. In particular, the User does hereby agree, promise, declare, confirm, covenant, undertake, represent & warrant to OOAK Hotels:

  • (a) The User is not under any legal or other deficiency which prevents/may prevent the User from:

    • (i) Entering into a valid contract under the applicable laws; and
    • (ii) Making valid payment to OOAK Hotels for Services ordered by the User.
  • (b) In the event of detecting any suspicious activity from User's account, OOAK Hotels reserves the right to cancel all pending and future orders owing to any such incident without any liability to the User.
  • (c) In a credit card transaction; User must use their own credit card for which User has full right & authority to validly use such Credit Card for making payment to OOAK Hotels. OOAK Hotels shall not be liable for any credit card fraud. The accountability to use a card fraudulently will be on the User and the onus to 'prove otherwise' shall be exclusively on User.
  • (d) While using the Website User shall at all times strictly comply with the Payment Procedure and the Usage Terms in their wholeness.
  • (e) Your use of the Services shall be deemed that you are fully satisfied with the description, look and design of the accommodation and usage fee of the Accommodation as has been displayed on OOAK Hotels's Website by the Channel Partner to your complete satisfaction.

The User agrees and acknowledges that in the Website all Services are offered only at the sole discretion of OOAK Hotels.

5. USE OF THE WEBSITE

The User agrees, acknowledges, confirms and undertakes, the Registration Data, information/data provided or uploaded onto the Website by the User:

  • (a) Shall not be false, inaccurate, misleading or incomplete; or
  • (b) Shall not be fraudulent or involve the use of counterfeit or stolen Credit Cards; or
  • (c) shall not infringe any third party's intellectual property, trade secret or other proprietary rights or rights of publicity or privacy; or
  • (d) Shall not be defamatory, libellous, unlawfully threatening or unlawfully harassing; or
  • (e) Shall not be obscene or contain pornography or contain an "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986; or
  • (f) shall not contain any viruses, Trojan horses, worms, time bombs, cancel bots, easter eggs or other computer programming routines or executable files that may damage, adversely interfere with, surreptitiously intercept or expropriate any system, data or personal information of any person whatsoever; or
  • (g) Shall not create liability for OOAK Hotels or cause OOAK Hotels to lose (in whole or in part) the services of OOAK Hotels' ISPs or other service providers/suppliers.

If the User disobeys the foregoing or OOAK Hotels has reasonable grounds to suspect the disobeying behaviour of the user, OOAK Hotels has the right to indefinitely deny or terminate User's access to the Website and to refuse to honour the User's request(s).

The User hereby assumes the sole risk of booking or making use or relying on the information relating to the Services available on this Website as listed by the Channel Partner. OOAK Hotels makes no representations about the suitability, completeness, timeliness, reliability, legality in User's jurisdiction, or accuracy of the information, materials and services relating to the Services described or contained in this Website for any purpose whatsoever. OOAK Hotels does not promote any Channel Partner or Accommodations listed on the Website. It is User's responsibility to check the details of the Accommodations listed on the Website at its sole discretion.

OOAK Hotels has endeavoured to provide the most accurate, up-to-date information on this Website. However, the information, materials, Services available on this Website may inadvertently include inaccuracies, typographical errors, or outdated information. OOAK Hotels is not responsible for and shall not be bound to honour typographical or pricing errors on this Website. OOAK Hotels reserves the rights to refuse or cancel orders at any time, including but not limited to the following orders that contain incorrect prices or product descriptions, orders in which OOAK Hotels believes the User has violated applicable laws or Usage Terms, orders that OOAK Hotels believes are harmful to OOAK Hotels or orders that OOAK Hotels believes are fraudulent or based on illegal, fraudulent or untrustworthy use/furnishing of information or based on false information. OOAK Hotels neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or service. OOAK Hotels expressly disclaims any warranties and conditions whether express or implied about their accuracy, completeness, correctness, suitability, reliability, availability, timeliness, quality, continuity, performance, error free or uninterrupted operation/functioning, fitness for a particular purpose, workmanlike effort, non-infringement, lack of viruses or other harmful components. OOAK Hotels shall not be responsible for the delay or inability to use the Website or related functionalities, the provision of or failure to provide functionalities, or for any information, software, Services, functionalities and related graphics obtained through the Website, or otherwise arising out of the use of the Website, whether based on contract, tort, negligence, strict liability or otherwise. Further, OOAK Hotels shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the Website that may occur due to technical reasons or for any reason beyond OOAK Hotels' control. The User understands and agrees that any material or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material or data. OOAK Hotels accepts no liability for any errors or omissions, with respect to any information provided to the User.

6. ACCOUNT AND REGISTRATION

OOAK Hotels makes the Services available to You through the Website only if You have provided OOAK Hotels certain required User information and created an account ("Account") through OOAK Hotels ID and password or other log-in ID and password (collectively, the "Account Information"). The Website requires you to register as a User by creating an Account in order to utilise the Services provided by the Website. You will be responsible for maintaining the confidentiality of the Account Information, and are fully responsible for all activities that occur under Your Account. You agree to-

OOAK Hotels also allows restricted access to the Website for unregistered users. At the time of registration, you shall ensure that the account information provided by you in the Website's registration form is complete, accurate and up-to-date. Use of another user's account information is expressly prohibited.

When you use the Website or send emails or other data, information or communication to OOAK Hotels, You agree and understand that you are communicating with OOAK Hotels through electronic records and you consent to receive communications via electronic records from OOAK Hotels periodically and as when required. OOAK Hotels may communicate with you by email or by such other mode of communication, electronic or otherwise. You specifically agree that OOAK Hotels shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received, or not sent or received. Further, OOAK Hotels will make best efforts to safeguard the confidentiality of your personally identifiable information available with it, but transmissions made by means of the Internet cannot be guaranteed or made absolutely secure. By using this Website, You agree that OOAK Hotels shall not be liable for disclosure of your information due to errors in transmission or unauthorized acts of third parties. Without prejudice to the preceding you agree that OOAK Hotels shall not be held liable or responsible for 'phishing attacks' on you. User agrees that User shall not use/access this Website from unsecure computers, unsecure communication links, and unsecure mobile phones. You may accept or decline the cookies when you accesses OOAK Hotels' Website. It is the User's responsibility to set their browser to alert them to accept or to reject cookies.

The User agrees, acknowledges and confirms that before placing any order, the User shall check the Service description and price carefully and by placing an order for a Service You agree to be bound by the Usage Terms and conditions of sale included in the Services' description. You shall only place the order after fully satisfying yourself with the price, description, look as has been displayed on OOAK Hotels Website listed by the Channel Partner. The User agrees, acknowledges and confirms that any and all orders placed by the User on this Website shall constitute a firm commitment of renting the accommodation on part of the User.

OOAK Hotels shall not be responsible unsatisfactory or delayed performance of services or damages or delays as a result of Channel Partner's acts or omissions.

OOAK Hotels reserves the right to make, at its sole discretion, any modifications or changes whatsoever to the Website or the information, listings and services described on the Website at any time. Such modifications or changes shall be effective immediately when they are made.

7. PAYMENT AND USAGE FEE

Users hereby agree and understand that he will have to pay the usage fee as mentioned on the Website for the concerned Accommodation via the payment mode provided on the Website post which User's requested reservation will be confirmed by the Channel Partner. Once the reservation has been confirmed by the Channel Partner, OOAK Hotels will debit the usage fee from the payment mode selected by the User. The User agrees and acknowledges that the payment procedure may call for and require additional verification of or information from the User and the User undertakes to provide complete, correct and proper information.

OOAK Hotels uses third party payment providers to receive payments from User on Channel Partner's behalf. OOAK Hotels is not responsible for any delays or erroneous transaction execution or cancellation of reservation due to payment issues. OOAK Hotels takes utmost care to work with 3rd party payment providers, but does not control their systems, processes, technology and work flows, hence cannot be held responsible for any fault at the end of payment providers.

8. COMPLIANCE WITH LAWS

User and OOAK Hotels shall comply with all the applicable laws relevant to them respectively for using payment facility and the Website.

9. WARRANTY

The Services are provided by OOAK Hotels on an "as is" basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, OOAK Hotels makes no warranty that-

  • (i) The Website or the Services will meet your requirements or Your use of the Website or will be uninterrupted, timely, secure or error-free;
  • (ii) The results that may be obtained from the use of the Website, or Services will be effective, accurate or reliable;
  • (iii) The quality of the Website or Services will meet your expectations; or that (iv) Any errors or defects in the Website or Services will be corrected. No advice or information, whether oral or written, obtained by you from OOAK Hotels or through or from use of the Website shall create any warranty not expressly stated in the terms of use.

OOAK Hotels shall have no liability to the User for any interruption or delay, to access the Website irrespective of the cause.

10. INDEMNIFICATION

Without prejudice to and in addition to any other remedies, reliefs or legal recourses available to OOAK Hotels herein or any applicable laws or otherwise. User agrees to indemnify, defend and hold OOAK Hotels harmless including but not limited to its affiliate, agents and employees from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by OOAK Hotels 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 the User pursuant to these Usage Terms. Further, User agrees to hold OOAK Hotels harmless against any claims made by any third party due to, or arising out of, or in connection with, User's use of the Website, User's violation of the Usage Terms, or User's violation of any rights of another, including any intellectual property rights.

11. LIMITATION OF LIABILITY

OOAK Hotels shall not be liable for any damages of any kind whatsoever including but not limited to direct, indirect, incidental, punitive, exemplary and consequential damages, damages for loss of use, data or profits, or other intangible losses , which may arise or are arising from the use of this Website or any of the information, software, services and related graphics contained within the Website or any of the Services offered, regardless of whether such damages are based on contract, tort, negligence, strict liability or otherwise, and even if OOAK Hotels has been advised of the possibility of damages.

NOT WITH STANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN OR ELSEWHERE, OOAK HOTELS'S ENTIRE LIABILITY TO THE USER FOR ANY CLAIM ARISING OUT OF PURCHASING / BROWING THE WEBSITE SHALL BE LIMITED TO THE AMOUNT EQUIVALENT TO THE PRICE PAID FOR THE PRODUCT AND SERVICES GIVING RISE TO SUCH CLAIM.

12. INTELLECTUAL PROPERTY

The User agrees that any feedback, comments, ideas, suggestions, information, or any other content which User contributes to OOAK Hotels or this Website (including the name you submit with any content) will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for OOAK Hotels to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works from, display worldwide, or act on such content--without additional approval or consideration--in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you waive any claim to the contrary. The User represents and warrants that User owns or otherwise controls all of the rights to the content that he/she may contribute to this Website and that use of his/her content by OOAK Hotels shall not infringe upon or violate the rights of any third party. OOAK Hotels, its mark and logo are trademarks of OOAK Hotels India. You understand and agree not to display or use these Trademarks in any manner whatsoever.

As a pre-condition of use of this Website, User warrants to OOAK Hotels that User shall not use this Website for any purpose that is unlawful, unauthorized, or inconsistent with Usage Terms, and the User agrees that this license to use OOAK Hotels Website will terminate immediately upon User's violation of this warranty. OOAK Hotels reserves the rights, at its sole discretion, to block/terminate User's access to this Website and its content at any time, with or without notice. All content on this Website, including text, graphics, images, and logos, is the property of OOAK Hotels or its content suppliers and is protected by domestic and international copyright laws and regulations. In addition, OOAK Hotels owns a copyright on this site as a collective work or compilation, and in the selection, coordination, enhancement, and arrangement of this Website's content. Except as expressly provided herein, OOAK Hotels does not grant any express or implied right to you. OOAK Hotels reserves the right to protect its intellectual property rights to the fullest extent under the applicable law.

For all intents and purposes singular includes plural and masculine gender includes the feminine gender. This Agreement is written in English and the official language of this Agreement and all correspondence concerning it shall be in English.

13. JURISDICTION

This Agreement, and all transactions entered into on or through Website shall be interpreted, construed and governed by the laws of India which shall be applicable to this Agreement without regard to principles of conflict of laws. User agrees that all claims, differences and disputes arising under or in connection with or in relation hereto the Website, the Usage Terms or any transactions entered into on or through the Website or the relationship between User and OOAK Hotels shall be subject to the exclusive jurisdiction of the courts at New Delhi, India and User hereby accede to and accept the jurisdiction of such courts.

Any failure, delay or forbearance on the part of OOAK Hotels in:

  • (i) Exercising any right, power or privilege under this Agreement; or
  • (ii) Enforcing terms of this Agreement, shall not operate as a waiver thereof, nor shall any single or partial exercise by OOAK Hotels of any right, power or privilege preclude any other future exercise or enforcement thereof.

The Parties hereto agree that each of the provisions enclosed in this Agreement shall be severable, and the unenforceability of one or more provisions of this Agreement shall not affect the enforceability of any other provision(s) or of the remainder of this Agreement.

14. THIRD PARTY LINKS

This Website may at OOAK Hotels sole discretion, contain links to sites owned and maintained by persons or entities other than OOAK Hotels. OOAK Hotels may also provide links to the other sites for purpose of enabling the Customer to make payment to OOAK Hotels. Any of the foregoing links do not constitute an endorsement by OOAK Hotels of any such sites and are provided only as a convenience. OOAK Hotels is not responsible for the content or links displayed on such sites. OOAK Hotels is not responsible for the privacy practices of such sites which OOAK Hotels does not own, manage or control. OOAK Hotels does not regularly review, and makes no warranty or representation regarding materials posted, or services offered, on the sites to which this Website may be linked and OOAK Hotels shall not be responsible for any deficiency thereof. OOAK Hotels does not endorse any or all of the materials, Services, and services available on such linked sites, and OOAK Hotels expressly disclaims responsibility for the contents of any linked site, the accuracy of any information contained in a linked site, and the quality of the Services and services offered at any linked site. Any decision to view the contents of any linked site is solely the responsibility of Customer and is made at Customer's own risk.

14. THIRD PARTY LINKS

OOAK Cash is earned by participating in various promotional activities of OOAK Hotels. This is the OOAK Cash offered by OOAK Hotels to the user for which the user has not paid any amount to OOAK Hotels.

OOAK Cash can be used for bookings made via desktop and mobile app only.

OOAK Hotels holds the right to cancel all or partial promotional OOAK Cash granted to the user by OOAK Hotels at any point of time without any prior notice.

In order to use OOAK Cash, you need to log in to your OOAK Hotels account and while booking your hotel room; you have to choose OOAK Cash as option to pay. You can pay the amount using both OOAK Cash as well as through credit/debit card or net banking.

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