USER AGREEMENT
This User Agreement (the “Agreement”) constitutes a binding contract between you and Raho Hospitalities Private Limited, with regard to your use of various services that are provided by Raho Hospitalities Private Limited.
1. Introduction and Preliminary
1.1. This User Agreement and the Terms of Service (“Terms”) form the terms that govern the use of the services, products, and other offerings of Raho Hospitalities Private Limited (“Raho”, “we”, or “us”).
1.2. By inquiring about, browsing, or purchasing any products or services offered by Raho, you, the user (“User” or “you”), through our websites, mobile applications, salespersons, offices, call centers, branch offices, agents, etc., agree to be governed by this Agreement. The websites, mobile sites and mobile applications of Raho are collectively referred to “Platforms”
1.3. The Platforms allow you to search for, book, and/or use the services offered by Raho (“Services”). These Services include booking accommodations at Raho properties (“Properties”), products and services offered at such Properties, and the activities, events, and experiences such as day tours and sightseeing, adventure sports, etc., offered on our Platforms (“Experiences”).
1.4. The terms and conditions contained herein along with the Privacy Policy regulate your use of the Platforms. By accessing or using the Platforms and availing the accommodation services at the Properties or participating in the Experiences, however accessed, you agree to be governed by this User Agreement and the applicable Terms of Service, including the applicable policies which are incorporated herein by way of reference
1.5. If you transact on or interact with the Platforms, you shall be subject to the policies that are applicable to the Services for such transaction or interaction, as the case may be. Your usage of the Services shall result in you contracting with Raho under this Agreement, which along with the Terms and the Privacy Policy constitutes your binding obligations with Raho. This Agreement affects your legal rights and obligations. You are therefore advised to read this Agreement carefully. If you are not agreeable to any of the terms and conditions contained in this Agreement, you shall refrain from accessing or using the Platforms and/or the Services.
1.6. ACCESSING, BROWSING OR OTHERWISE USING THE PLATFORMS INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THIS AGREEMENT, SO PLEASE READ THE AGREEMENT CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting this Agreement, you also accept and agree to be bound by Raho’s Privacy Policy and the Terms as may be applicable to you.
2. Eligibility to Use
2.1. To use the Platforms and avail the Services, you must be at least 18 years of age and have the authority to enter into legally binding contracts as per the Indian Contracts Act, 1872. If a minor is using the Platforms and/or the Services, it is assumed that he/she is doing so with the consent of his/her parents or legal guardian and that such use is made available by the said parents or legal guardians.
2.2. Raho will not be responsible for any consequences that may arise owing to a misuse of the Platforms or the Services that may occur by virtue of any person, including a minor, accessing the same. By using the Platforms, you warrant that all the data provided by you is accurate and complete and that if you are a minor using the Platforms, you have obtained the consent of your parent/legal guardian.
2.3. If you are below the age of 18 years and are not authorized by your parents or legal guardian. or you are otherwise incompetent to contract under the aforesaid law or any information provided by you is false or inaccurate, we reserve the right to terminate and/or block your access to the Platforms.
2.4. You acknowledge that Raho is not responsible for ensuring that you conform to the aforesaid eligibility criteria, and that it is your sole responsibility to ensure that you meet the requisite qualification.
2.5. If you choose to access the Platforms from outside India, you are responsible for compliance with the applicable local laws.
2.6. Except where additional terms and conditions are provided which are specific to any of the Services, this Agreement shall supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms existing previously. By using the Services and accessing the Platform, you agree to be bound by this Agreement. Services-specific terms and conditions shall be read in conjunction with this Agreement. In the event of a conflict between the terms and conditions specific to any of the Services and this Agreement, the Services-specific terms and conditions shall override this Agreement.
3. The Platforms
3.1. The Platforms are intended to be used by bonafide user(s) for lawful purposes.
3.2. To avail the Services and access all the features of the Platform, you must have and continue to maintain, at your own expense, the necessary equipment including a compute and/or such electronic device, modem, etc., necessary to access the Platforms, and have your own access to the World Wide Web. You are responsible for accessing the Platforms and you acknowledge that such access may involve third-party fees including airtime charges or internet service provider’s charges, all of which will be exclusively borne by you.
3.3 You shall not distribute, exchange, modify, sell, or transmit anything from the Platforms, including but not limited to any text, images, audio, and video, for any business, commercial or public purpose. This Agreement grants you a limited, non-exclusive, non-transferable right to use the Platforms only as expressly permitted in this Agreement. You agree not to interrupt or attempt to interrupt the operation of the Platforms in any manner whatsoever.
3.4. You further agree and undertake not to reverse-engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from the Platforms. You shall not engage in any actions that could damage or adversely affect the performance or proper functioning of the Platforms.
3.5. Please note that you may be able to access certain features of the Platforms only with a Raho account. The process of registration may require you to answer certain questions or provide certain information that may or may not be personal in nature. You must be at least 18 years of age to create a Raho account. Some of such information may be mandatory as well. You represent that all information supplied by you to Raho is true and accurate. Further, if you provide us with the personal information of someone else, you must do so in compliance with the applicable law and with the requisite authority to do so. By providing us with such information, you authorize us to use the same as per the terms of our Privacy Policy.
3.6. Raho reserves the right, in its sole discretion, to terminate the access to the Platforms and the Services offered on the same or any portion thereof at any time, without notice, for general maintenance or any other reason whatsoever.
3.7. We will make our best endeavours to ensure that the content on the Platforms is free of any virus or such other malware. However, any data or information downloaded or otherwise obtained through the use of the Platforms is done entirely at your own discretion and risk, and you will be solely responsible for any damage to your computer systems or loss of data that may result from the download of such data or information.
3.8. We reserve the right to periodically make improvements or changes in the Platforms at any time without any prior notice to you. You are requested to report any information or activity on the Platforms, which is deemed to be unlawful, objectionable, libelous, defamatory, obscene, harassing, invasive to privacy, abusive, fraudulent, against any religious beliefs, spam, infringes the intellectual property rights of any person, or is violative of any applicable law to admin@raho.co.in. On receiving such report, we reserve the right to investigate and/or take such action as we may deem appropriate.
4. Prohibition Against Unlawful Use
4.1. As a condition for the use of the Platforms, you warrant that you will not use the Platforms for any purpose that is unlawful or illegal under any law for the time being in force within or outside India or prohibited by this Agreement. In addition, the Platforms shall not be used in any manner which could damage, disable, overburden, or impair it or interfere with any other party’s use and/or enjoyment of the Platforms. You will refrain from obtaining or attempting to obtain any materials or information through any means not intentionally made available or provided for or through the Platforms.
5. User Restrictions
5.1. You shall not perform any of the following activities to ensure the safety of other users of the Platforms:
(a) Making available any information that is misleading, unlawful, harmful, threatening, abusive, torturous, defamatory, libelous, vulgar, obscene, child-pornographic, lewd, lascivious, profane, invasive of another’s privacy, hateful or racially, ethnically, or otherwise objectionable.
(b) Stalking, intimidating and/or harassing another and/or inciting another to commit violence.
(c) Transmitting material that encourages anyone to commit an offence that results in civil/criminal liability or otherwise breaches any relevant laws, regulations, or code of practice.
(d) Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity.
(e) Making, transmitting, or storing electronic copies of materials protected by copyright without the permission of the concerned owner, committing any act that amounts to infringement of intellectual property or making available any material that infringes any intellectual property rights or other proprietary rights of anyone else.
(f) Intentionally or unintentionally interfere with or disrupt the services or violate any applicable laws related to the access to or use of the Platforms and Services, violate any requirements, procedures, policies, or regulations of networks connected to the Platforms and Services, or engage in any activity prohibited by this Agreement.
(g) Upload, publish, transmit, store, update or share any information on the Platforms that:
i. threatens the unity, integrity, defence, security, sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting other nation;
ii. contains software virus or any other computer code, file, or program designed to interrupt, destroy or limit the functionality of the Platforms;
iii. is harmful to children; or
iv. is patently false and untrue and is written or published with the intent to mislead or harass a person, entity, or agency for financial gain or to cause injury to any person.
6. Feedback Services
6.1 The Platforms may allow you to interact with us through services such as email, chatbot, feedback form, or to post information in the form of reviews in relation to your stay at the Properties and/or participation in the Experiences (“Feedback Service”). You agree and undertake to use the Feedback Service only to post such information as is proper and relevant to the Feedback Service. The User Restrictions under Paragraph 5 shall apply in relation to the Feedback Service as well.
6.2. We reserve the right to review any materials or information posted through the Feedback Service and to remove any of it at our sole discretion.
6.3. We further reserve the right, at all times, to disclose any information as is necessary to satisfy or comply with any applicable law, regulation, legal process or governmental request, or to edit, refuse or to post or to remove any information or materials, wholly or in part, at our sole discretion.
6.4. We do not control or endorse the content found in any Feedback Service and therefore specifically disclaim any liability or responsibility whatsoever with regard to the content present in Feedback Service and any actions resulting from your participation in any Feedback Service
7. External Links
7.1 The Platforms may contain links to other websites (“Third Party Sites”). We do not have any control over the Third Party Sites and are not responsible for any of the content present on such Third Party Sites, including but not limited to any link contained in such sites. We are not responsible for the content of the Third Party Sites and we do not make any representations regarding the accuracy of material on such sites. Should you decide to access the link to any Third Party Sites, you do so entirely at your own risk.
7.2. References to the Third Party Sites are provided solely as a convenience to you and the inclusion of links to such sites on the Platform does not in any way constitute or imply an endorsement, sponsorship or recommendation by Raho, of contents, services, facilities provided by such Third Party Sites, or any association with its operators or owners including the legal heirs or assigns thereof.
7.3. We are not responsible for any errors, omissions or representations on the Third Party Sites. We do not endorse any advertiser on any Third Party Sites in any manner. You are encouraged to verify the accuracy of all information on your own and exercise diligence prior to interacting with the Third Party Sites or undertaking any reliance on the information contained therein
8. Intellectual Property
8.1 Unless otherwise expressly stated herein, Raho reserves all the intellectual property rights in all text, programs, products, processes, technology, content, and other materials which appear on the Platforms. We claim exclusive ownership and/or license (as may be applicable) to the materials or products available on the Platforms. Your right to access the Platforms, as per the terms of this Agreement, does not confer and shall not be considered as conferring upon anyone any license to the intellectual property rights over the products and other materials available on the Platforms. All rights, including copyrights, in the Platforms are owned by or licensed to Raho.
8.2. Any use of this Platform or its contents, including copying or storing it or them in whole or in part, other than for your own personal, non-commercial use is prohibited without the express written permission of Raho. You shall not modify, distribute, or re-post anything contained on the Platforms for any purpose.
8.3. Raho’s names and logos and all related product and service names, design marks and slogans, whether registered or not, are Raho’s property and belong exclusively to us. All other marks are the property of their respective companies or third-party vendors or suppliers. No trademark or service mark license is granted to you in connection with the materials contained in the Platforms. Access to the Platforms does not authorize anyone to use any trade name, logo, or mark in any manner whatsoever.
8.4. All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of the Platforms (collectively, the “Contents”) are intended solely for your personal and non-commercial use. Upon acquiring prior consent of Raho, you may download or copy the Contents and other downloadable materials displayed on the Platforms for your personal use only. No right, title, or interest in the downloaded materials or software is transferred to you as a result of any such downloading or copying. You shall not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Platforms or any related software. All software used on the Platforms is the property of Raho or our suppliers and is protected under Indian and/or international copyright laws. The Contents and software on the Platforms may be used only as a market place resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance of the Contents on the Platforms is strictly prohibited.
8.5. The compilation (i.e., the collection, arrangement, and assembly) of all Contents on the Platforms is the exclusive property of Raho and is also protected under Indian copyright laws.
9. Raho's Rights and Remedies
9.1 Raho reserves the right to not accept any booking without assigning any reasons for the same.
9.2. You understand that Raho is not liable or obligated to provide any of the Services or share the details in relation to any bookings until the full consideration is received from you.
9.3. In addition to any other remedies available to Raho under the Agreement, the Terms or the applicable law, Raho may limit your activity on the Platforms, suspend or terminate your Raho account, or refuse to provide you with access to the Platforms if:
(a) you are in breach of the Agreement, the terms or any other policies incorporated herein by reference;
(b) you acted in violation of any Property specific terms and conditions during your stay in any of our Properties;
(c) we are unable to verify or authenticate any information provided by you;
(d) we are of the opinion that your actions may infringe any third-party rights or breach any applicable law or otherwise result in any liability for you, other Users of the Platforms, or to us.
9.4. Raho shall have the right to cancel your booking if:
(a) if full consideration is not received by our Service Provider;
(b) it discovers or is of the opinion that the request for Services is either unauthorized or any of the information provided by you in relation to the booking is not correct, or has been misrepresented; and
(c) pursuant to a request or order of any judicial, quasi-judicial authority, investigation agency, governmental authority.
9.5. Raho shall not be responsible for any loss or damage that may be cause to you or any other person as a consequence of such cancellation of booking or Services.
9.6. Raho’s rights to refuse or cancel bookings as aforementioned are in addition and without prejudice to its rights to recover any amounts due to be paid by you to Raho, and to take such appropriate legal action as may be deemed necessary.
10. Raho Account
10.1 Certain features of the Platforms may be accessible only through a Raho account (“Raho Account”), which is individual to each user. You shall be solely responsible for maintaining the confidentiality of the credentials in relation to your Raho Account, as well as for all activities undertaken through such account. To create and operate your Raho Account, you must be at least 18 years of age.
10.2. You shall immediately notify Raho in writing of any unauthorized use of your account, or any other breach of security. Raho will not be liable for any loss that may be incurred by you as a result of unauthorized use of your Raho Account, either with or without your knowledge. You shall not use anyone else’s Raho Account at any time
11. Booking Related Information
11.1 You may provide certain information to Raho for the purposes of completing the booking and availing the Services. Raho 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 you, via SMS, internet-based messaging applications like WhatsApp, voice call, e-mail or any other alternate communication detail provided by you at the time of booking.
11.2. You may be contacted by us through the modes mentioned above for any pending or failed bookings, to know your preferences, to inform you of any discounts or otherwise assist you in bookings.
11.3. You hereby unconditionally consent that such communications via SMS, internet-based messaging applications like WhatsApp, voice call, email or any other mode by Raho are:
(a) Upon your request and authorization;
(b) ‘transactional’ and not an ‘unsolicited commercial communication’ as per the guidelines of Telecom Regulation Authority of India (TRAI), and
(c) in compliance with the relevant guidelines of TRAI or such other authority in India and abroad.
11.4. You will indemnify Raho against all types of losses and damages incurred by Raho due to any action taken by TRAI, Access Providers (as per TRAI regulations) or any other authority due to any erroneous complaint raised by you against Raho with respect to the communications mentioned above or due to a wrong number or email id being provided by you for any reason whatsoever.
12. Fees and Payments
12.1 Raho engages the services of a third-party service provider (“Service Provider”) for the purpose of completing the booking transactions in relation to the Services, including the payments for the same. Raho does not have any control over the platforms of such Service Provider. You are therefore advised to carefully review the relevant policies and other terms and conditions, including those related to payments for the Services, prior to interacting with such platforms
12.2. Raho reserves the right to charge certain fees in the form of convenience fees, or service fees in addition to the consideration for the Services. Raho further reserves the right to alter any and all charges and fees from time to time. Any such additional fees, including any alterations, will be displayed to you either on the Platforms, or on the platform of the Service Provider, before confirming the booking or collecting the payment from you.
12.3. You shall be liable to pay all applicable charges, fees, duties, taxes, levies, and assessments for availing the Services.
12.4. Please note that neither Raho, nor its employees or authorized representatives will contact you requesting for information such as your credit or debit card information, net banking information, nor will they ever request for a fund transfer to any personal or individual bank account. If you are ever asked for any of the aforementioned information, please report such requests immediately to admin@raho.co.in
13. Refund and Cancellation Policy
13.1 Should you decide to cancel a booking completed by you, you shall be entitled to a refund of the booking amount as per the following terms:
| Time of Cancellation | Refund Entitlement |
|---|---|
| Cancellation of bookings up to 30 (thirty) days before check-in | 100% of your booking amount |
| For bookings made less than 30 (thirty) days before the check-in date: cancellation made within 48 (forty-eight) hours of booking, not later than 14 (fourteen) days before the date of check-in | 100% of your booking amount |
| Cancellations up to 7 (seven) days before the date of check-in | 50% of your booking amount |
| Cancellations made less than 7 (seven) days prior to the date of check-in | No refund entitlement |
14. Security of the Platforms
14.1 You are prohibited from violating, or attempting to violate, the security of the Platforms, including, without limitation, (a) accessing data or information not intended for you or logging onto a serve or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any other user, host or network, including without limitation, through means of submitting a virus to the Platforms, “overloading”, “flooding”, “spamming”, “mailbombing”, or “crashing”; (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any header information in any email or newsletter posting.
14.2. Violations of system or network security in relation to the Platforms may result in civil or criminal liability. Raho will investigate occurrences that may involve such violations and will cooperate with law enforcement authorities in prosecuting Users who are involved in such violations.
14.3. You agree not to use any device, software, or other means to interfere or attempt to interfere with the proper working of the Platforms or any activity being conducted thereon. You further agree not to use or attempt to use any engine, software, tool, agent, or other device or mechanism to navigate or search the Platforms other than through those tools made available on the Platforms, or generally available third-party web browsers (for instance, Microsoft Edge, Google Chrome, Mozilla Firefox).
14.4. Without prejudice to the generality of the above, you agree to download/install the Raho mobile applications only through authorised digital distribution services (such as Google Play Store, or the App Store).
15. Disclaimers
15.1 THE SERVICES, AND THE PLATFORMS INCLUDING THE MATERIALS AND INFORMATION (INCLUDING BUT NOT LIMITED TO THE SOFTWARE), AND THE CONTENT MADE AVAILABLE TO YOU THROUGH THE PLATFORMS, ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, EXCEPT AS SPECIFIED IN WRITING.
15.2. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER RAHO NOR ANY OF ITS EMPLOYEES, MANAGERS, OFFICERS, OR AGENTS (COLLECTIVELY, THE “RAHO PARTIES”) MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OF IMPLIED, AS TO: (A) THE SERVICES; (B) THE CONTENT; (C) CONTENT GENERATED BY YOU; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO RAHO OR THROUGH THE PLATFORMS. ADDITIONALLY, ALL RAHO PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
15.3. THE RAHO PARTIES DO NOT REPRESENT OR WARRANT THAT THE PLATFORMS OR THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE PLATFORMS OR THE SERVERS THAT MAKE THE PLATFORMS ACCESSIBLE ARE FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE RAHO PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) IN RELATION TO THE SERVICES IS ACCURATE, COMPLETE OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE RAHO PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THAT RAHO PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOU AND THIS AGREEMENT.
15.4. BY ACCESSING THE PLATFORMS, YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE PLATFORMS.
15.5. WHILE WE MAKE REASONABLE COMMERCIAL EFFORTS TO ENSURE THAT THE CONTENT IS CORRECT, THE RAHO PARTIES SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT. RAHO WILL NOT BE LIABLE TO YOU IN ANY WAY OR IN RELATION TO THE CONTENT, OR USE OF, OR OTHERWISE IN CONNECTION WITH THE PLATFORM AND/OR SERVICES. WE DO NOT WARRANT THAT THE PLATFORMS, THE INFORMATION, CONTENTS, OR MATERIALS PROVIDED THROUGH IT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
15.6. ADDITIONALLY, BY OFFERING BOOKING SERVICES IN RELATION TO THE PROPERTIES OR THE EXPERIENCES, RAHO DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO THE PROPERTIES AND/OR WHILE PARTICIPATING IN THE EXPERIENCES IS WITHOUT RISK AND SHALL NOT BE LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO THE PROPERTIES AND/OR WHILE PARTICIPATING IN THE EXPERIENCES.
16. Limitation of Liability
16.1 Under no circumstances, and to the fullest extent permitted under applicable law, Raho or its affiliates shall not be liable for any indirect, punitive, incidental, special, consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for or any damages for personal or bodily injury or emotional distress arising out of or in connection with or resulting from: (a) this Agreement; (b) the use or inability to use the Platform and/or the Services; (c) any communications, interactions or meetings you may have with someone you interact or meet with through, or as a result of, your use of the Platforms and/or Services; (d) unauthorized access to or alteration of your transmissions or data; (e) any other matter relating to the Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Raho has been informed of the possibility of such damage, even if a limited remedy set out in this Agreement is found to have failed of its essential purpose.]
16.2. Further, Raho shall not be held responsible for non-availability of the Platforms during periodic maintenance operations or any unplanned suspension of access to the Platforms that may occur due to technical reasons or for any reason beyond Raho’s control, including any consequences arising from such suspension. You understand and agree that any material and/or data downloaded or otherwise obtained from the Platforms is done entirely at your own discretion and risk and that you will be solely responsible for any damage to your computer systems or any other loss that results from such material and/or data.
16.3. In any event, the total liability of Raho arising out of this Agreement is limited up to the amount paid by you in relation to the particular booking transaction immediately prior to the event giving rise to the liability
17. Indemnification
17.1 To the maximum extent permitted by applicable law, you agree to release, defend (at Raho’s option), indemnify, and hold Raho, its affiliates and other Raho Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or connected with:(a) your breach of this Agreement, the Privacy Policy, or the Terms; (b) your improper use of the Platforms; (c) your use of the Services including your stay at the Properties and/or your participation in any Experience, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such stay or participation; or (d) your breach of any laws, regulations, or third party rights such as intellectual property or privacy rights.
17.2. You agree to fully cooperate, as required by Raho, in defending any claim. Raho reserves the right to assume the exclusive defence and control of any matter subject to indemnification by you, and you will not, in any event, settle any claim without the prior written consent of Raho. The provisions contained in this Paragraph shall survive the expiry or termination of this Agreement.
18. Termination of the Agreement
18.1 This Agreement shall subsist and remain effective unless and until terminated either by Raho or you, with or without cause at any time.
18.2. Without prejudice to the foregoing, Raho may also terminate your access to the Platforms and/or Services, without notice, for reasons including: (a) breach of this Agreement or any of the Terms by you; (b) requests by enforcement or government agencies; (c) non-payment of any fees owed by you in connection with the Services as specified in the applicable Terms.
18.3. Should you object to any of the provisions contained in this Agreement, or the Terms or become dissatisfied with the Services in any way, your only recourse shall be to immediately: (a) discontinue to the use of the Platform and/or Services; and (b) notify Raho of such discontinuance.
18.4. Upon the termination of the Agreement and/or Services, your right to use the Platforms and/or the Services shall immediately cease, and Raho shall thereafter not be liable to you for any uncompleted tasks. Where such termination takes effect after your booking for any Services is confirmed but before the date on which the Services are to commence, such bookings will be automatically cancelled, and any refund will depend upon the terms of the Refund and Cancellation Policy under Paragraph 12.
18.5. However, any such termination of this Agreement shall neither affect your obligations to clear any outstanding payments for the Services already availed by you, nor affect any of your liabilities incurred under this Agreement prior to such termination.
18.6. Parts of this Agreement which by their nature are intended to survive termination, shall survive the termination of this Agreement.
19. Privacy Policy
19.1 The collection, usage, and processing of personal information on the Platforms are governed by Raho’s Privacy Policy, available on the Platforms. By using the Platforms, you agree to the terms of the Privacy Policy and accordingly consent to the use of your personal information by Raho and its affiliates in accordance with the terms of the Privacy Policy
20. Notices
20.1 All notices or other communications under this Agreement, the Privacy Policy, Terms, or otherwise shall be in writing, in English and be deemed given if delivered personally or by registered post with acknowledgement due, or sent via email/facsimile (with acknowledgement of complete transmission) to the following:
(a) if to Raho, at admin@raho.co.in and/or to the address posted on the Platforms.
(b) if to the User, at the communication and/or email address specified by you at the time of accessing the Platforms or availing the Services.
21. Governing Law and Jurisdiction
21.1 This Agreement and each of the Terms shall be governed by and construed in accordance with the laws of India, and the disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts in Bengaluru, Karnataka, India.
22. Severability
22.1 If any provision of this Agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision, and all other provisions of this Agreement shall continue to be in full force and effect.
23. Entire Agreement and No Waiver
23.1 Unless otherwise specified herein, this Agreement together with the Privacy Policy and the Terms constitute the entire agreement between you and Raho with respect to the Platforms and/or Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Raho with respect to the Platforms and/or Services.
23.2. Raho’s failure to act with respect to a breach this Agreement, the Privacy Policy, or the Terms by you or others does not waive its right to act with respect to subsequent or similar breaches.
24. Interpretation
24.1 The provisions of this Agreement and the Terms shall apply equally to both the singular and plural forms of the terms defined. The words “include”, “includes” and “including” shall be deemed to be followed by the phrase, “without limitation”. Unless otherwise indicated, the terms “herein”, “hereof”, “hereto”, “hereunder” and words of similar import refer to this Agreement as a whole. Unless otherwise indicated, “your” shall mean and extend to all the individuals on behalf of whom a booking is made by you / all the individuals under a common booking ID.
25. Grievance Redressal
25.1 You may report any issues faced by you or submit any grievances in relation to the Platforms and the Services to the grievance officer appointed by Raho (“Grievance Officer”), who will endeavour to address the same within 30 working days from the date of receipt of your complaint. In compliance with the applicable laws, the name and contact information of the Grievance Officer is as follows:
Megha
Grievance Officer
18/2 Nandidurga Road
admin@raho.co.in
Time: Mon-Fri/Sat (9:00 – 18:00)
