These terms of use of the website offering information and access to the benefits under Hotel
Memberships (defined below) (the “Website Terms of Use”) govern your relationship with the Hotel
Memberships website available at https://www.hotelmemberships.com/ (the
“Hotel Memberships
Website”). The Hotel MembershipsWebsite is operated by TLC DigiTech Pvt. Ltd. and its
affiliates, subsidiaries, associates and group companies (“TLC”) on behalf of Hotel Memberships
and their respective affiliates, subsidiaries, associates and group companies (“Hotel
Memberships”) in relation to the Hotel Memberships membership program (the “Hotel Memberships”).
Please read the Website Terms of Use carefully before using the Hotel Memberships Website. Any
submission of information by you on the Hotel memberships Website is subject to TLC's privacy
statement available at https://www.hotelmemberships.com/ (the
“Privacy Policy”).
Your access to and use of the Hotel Memberships Website is conditioned on your acceptance of
and compliance with the Website Terms of Use, the terms and conditions of the Hotel Memberships
available at https://www.hotelmemberships.com/ (the
“Terms and Conditions”) and the Privacy
Policy.
The Website Terms of Use apply to all visitors, users, members and others who access or use
the Hotel Memberships Website. By accessing or using the Hotel Memberships Website you agree to
be bound by the Website Terms of Use, the Terms and Conditions and the Privacy Policy. If you
disagree with any part of the Website Terms of Use, the Terms and Conditions or the Privacy
Policy, please exit from and discontinue use of the Hotel Memberships Website immediately. TLC
reserves the right, in its discretion, to modify or terminate your access to the Hotel
Memberships Website or any portion thereof at any time, without notice.
2. Intellectual Property
The content and information displayed on the Hotel Memberships Website is the property of
Hotel Memberships and/or TLC. The downloading, reproduction, or retransmission of such content
and/or information, other than for non-commercial individual use, is strictly prohibited.
The Hotel Memberships website contains proprietary information, content and materials,
including but not limited to domain name, icons, logos, trade names, trade secrets and
trademarks in relation to the Hotel Memberships brand (the “Hotel Memberships Materials”) that
are owned by TLC DigiTech and is protected by applicable intellectual property and other laws.
No licence is granted in respect of those intellectual property rights. The use of the Hotel
Memberships website by any person does not grant, transfer to or confer upon such person any
right, title or interest in the Hotel Memberships material.
The Hotel Memberships website also contains proprietary information, content and materials,
including but not limited to text, graphics, images, photographs, videos, music, sound, designs,
copyright, trademarks, patents, software codes, source code and other underlying technology (the
“TLC Materials”), that are owned by TLC and is protected by applicable intellectual property and
other laws. No licence is granted in respect of those intellectual property rights. The use of
the Hotel Memberships website by any person does not grant, transfer to or confer upon such
person any right, title or interest in the TLC Materials.
Users agree that they will not use the Hotel Memberships Materials and TLC Materials
(collectively, the “Intellectual Property”) in any way whatsoever except for use of the services
available on the Hotel Memberships website in compliance with the Terms and Conditions. Users
must not use, copy, modify, publish, reproduce, distribute, re-transmit, transfer, upload,
download, sell, licence, reverse engineer, decompile, or disassemble the Intellectual Property,
without the prior written consent of Hotel Memberships or TLC (as applicable). Users must also
not engage in any conduct that infringes, violates or misappropriates any Intellectual Property
rights of Hotel Memberships, TLC or any other party, and such infringement, violation or
misappropriation shall amount to a breach of the Terms and Conditions.
Hotel Memberships and TLC reserve the right to take any administrative and/or legal action in
the event of misuse, infringement, violation or misappropriation of the Intellectual Property by
any users. You agree to indemnify, defend and hold Hotel Memberships, TLC and our affiliates,
subsidiaries, directors, officers, employees, consultants, agents and other representatives,
harmless from and against any and all claims, judgment, deficiencies, damages, liabilities,
losses, costs (including reasonable attorneys’ fees) and other expenses that arise directly or
indirectly out of or from an infringement or misuse of the Intellectual Property.
3. Links to the other Websites
The Hotel Memberships website may contain links to third party websites or services that are
not owned or controlled by TLC.
TLC has no control over and assumes no responsibility for the content, privacy policies, or
practices of any third party websites or services. You further acknowledge and agree that TLC
shall not be responsible or liable, directly or indirectly, for any damage or loss caused or
alleged to be caused by or in connection with the use of or reliance on any such content, goods
or services available on or through any such websites or services.
Users of the Hotel Memberships website are advised to read the terms and conditions and
privacy policies of any third party websites or services that they visit.
4. Limitation of Liability
In no event shall TLC or Hotel Memberships, nor their/its directors, employees, partners,
agents or suppliers be liable for any indirect, incidental, special, consequential or punitive
damages, including without limitation, loss of profits, data, use, goodwill, or other intangible
losses, resulting from (i) your access to or use of or inability to access or use the Hotel
Memberships website; (ii) any conduct or content of any third party on the Hotel Memberships
website; (iii) any content obtained from the Hotel Memberships Gold website; and (iv)
unauthorized access, use or alteration of your transmissions or content, whether based on
warranty, contract, tort (including negligence) or any other legal theory, whether or not TLC or
Hotel Memberships has been informed of the possibility of such damage, and even if a remedy set
forth herein is found to have failed of its essential purpose.
5. Disclaimers
The Hotel Memberships website is made available to you on an as-is, as-available basis,
without representations or warranties of any kind, whether express or implied. TLC and Hotel
memberships specifically disclaims all warranties and conditions of any kind, including all
implied warranties and conditions of merchantability, fitness for a particular purpose, title
and non-infringement.
Your use of the Hotel Memberships website is voluntary, by your own choice and at your own
risk. TLC and Hotel Memberships does not warrant or represent that your access to the Hotel
Memberships website will be uninterrupted or error-free or that any information, data, content
or other material accessible through the Hotel Memberships website will be free of viruses,
bugs, malwares or other harmful components that may interfere with or damage the operation,
security or functionality of your device(s).
Without limiting the foregoing, TLC and Hotel Memberships does not represent or warrant that
the information on the Hotel Memberships website is accurate, complete, reliable, useful,
timely, or current. Despite commercially reasonable efforts, the Hotel Memberships website and
other materials may contain typographical or other errors or inaccuracies, including, without
limitation, regarding the benefits of the Hotel Memberships Program, for which TLC and/or Hotel
Memberships will not be responsible. TLC and/or Hotel Memberships reserves the right to void or
refuse to process any transaction arising out of such an error, typo, or misprint.
6. Indemnification
You agree to indemnify, defend and hold TLC and Hotel Memberships, harmless from and against
any and all claims, judgment, deficiencies, damages, liabilities, losses, costs (including
reasonable attorneys’ fees) and other expenses that arise directly or indirectly out of or from
(a) a breach of the Website Terms of Use; (b) any allegation that any information or other
materials submitted to TLC and/or Hotel Memberships infringe or otherwise violate the copyright,
trademark, trade secret or other intellectual property or other rights of any third party; (c)
the misuse or misappropriation of the benefits available through the Hotel Memberships website,
or any related product or service by any user and/or (d) any other misuse of the Hotel
Membershipswebsite.
7. Binding Decisions
All decisions of TLC and Hotel Memberships, where applicable in relation to the Hotel
Memberships website are final and binding on all users.
All interpretations of the Website Terms of Use are at TLC and Hotel Memberships sole
discretion and our decisions will be final and binding. If the English version of the Website
Terms of Use conflicts with any other language version, the English version shall prevail.
8. Changes
TLC and Hotel Memberships reserve the right, at their sole discretion, to modify or replace
the Website Terms of Use at any time. If a revision is material, an attempt will be made to
provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a
material change will be determined at their sole discretion.
By continuing to access or use the Hotel Memberships website after those revisions become
effective, you agree to be bound by the revised terms. If you do not agree to the new terms,
please exit from and discontinue use of the Hotel Memberships website immediately.
9. Governing Law
The Website Terms of Use shall be governed and construed in accordance with the substantive
laws of India.
10. Dispute Resolution
Any disputes or controversy arising out of or relating to the Website Terms of Use shall be
settled by arbitration to be held in New Delhi in accordance with the Arbitration and
Conciliation Act, 1996 as amended, in the English language, and shall be heard and determined by
an arbitral tribunal composed of a sole arbitrator appointed by agreement between the parties to
the dispute hereto. If the parties fail to reach an agreement with respect to the appointment of
an arbitrator within 30 calendar days of any party's notice to the other party of the existence
of a dispute, the parties shall appoint one arbitrator each and the arbitrators appointed by the
parties shall appoint a third presiding arbitrator. The decision of the arbitrator(s) shall be
final, conclusive and binding on the parties. Notwithstanding the foregoing, however, nothing
contained herein shall be deemed to prevent either party from seeking and obtaining injunctive
and equitable relief from any court of competent jurisdiction without the posting of any bond or
other security.
Subject to the above, each of the parties submits to the exclusive jurisdiction of the courts
at New Delhi.
11. Contact Us
All members may also request assistance from the dedicated member contact centre. The
operating hours for the member contact centre are from 9.30 AM to 6.30 PM Monday to Saturday +91
96509 10000. Members may also direct any queries regarding the Hotel Memberships website
or
the
Website Terms of Use by telephone at [+91 96509 10000] or by e-mail at
[contactus@hotelmemberships.com].
[The Hotel Memberships Website also supports chat and voice
options.]
