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TERMS AND CONDITIONS
TERMS AND CONDITIONS
About Us
Brown Town Resort is a multi-dimentional facility designed to promote holistic wellness of the residents of the city by providing its guests with spaces for relaxation, facilities for fitness, recreation and social gatherings.
Website Terms and Conditions
The Brown Town Resort Website (www.browntownresort.com), hereinafter referred to as ‘the Website’ is an internet based service portal intended for enabling users at Brown Town Resort to avail, book, manage and pay for services offered therein.
This User Agreement (the Agreement) sets out the terms and conditions on which Brown Town Resort shall provide the Services to the User through the Website. In addition to this Agreement, the Services opted for by the User shall be provided in accordance with the Terms of Service (TOS) of such services. The TOS of each Service may be updated or modified by Brown Town Resort from time to time. On availing of any such Service, the respective TOS thereto shall be deemed to be a part of this Agreement.
Use of this Website is offered to the User conditioned on the acceptance of this Agreement in its entirety and without modification along with the TOSs of all the Services availed by the User as is effective at the time of availing of such Services. If the User does not agree with the above or any part thereof, the User must not use this website.
Additionally, Brown Town Resort may, from time to time, provide terms and conditions that govern particular offers/ discounts (Offer Terms). The User shall be responsible for complying with such Offer Terms for availing such offers/ discounts.
Modifications
Brown Town Resort shall reserve the right to change the terms and conditions under which the Services are provided. The User shall be responsible for regularly reviewing these terms and conditions.
Privacy Policy
The User hereby consents, expresses and agrees that he has read and fully understood the Privacy Policy of Brown Town Resort in respect of the Website. The User further consents that the terms and contents of such Privacy Policy and acceptable to him.
User Grievances
The User can report any grievance or complaint in relation to the Services provided by Brown Town Resort, including but not limited to those arising from the use of the Website to the designated Grievance Officer at info@browntownresort.com
Limitation of Use
The User agrees and undertakes not to sell or resell or use for any commercial purpose any Service provided by Brown Town Resort or any part thereof. It is hereby clarified that the Services provided by Brown Town Resort, including but not limited to the Website, are exclusively for personal use and shall not be used for any commercial purpose whatsoever.
Limitation of Liability
Brown Town Resort has endaevoured to ensure that all the information on the website is correct, but Brown Town Resort neither warrants nor makes any representation regarding the quality, accuracy or completeness of any data or information contained therein. Brown Town Resort makes no warranty, expressly or implied, concerning the website and/or its contents and disclaims all warranties of fitness for a particular purpose, including any liability responsibility or any other claim whatsoever, in respect of any loss, whether direct or consequential, to any user or any other person, arising out of, or from the use of the information contained in the Website.
Brown Town Resort 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 the control of Brown Town Resort. The User understands and agrees that any material and/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 computers/ devices or loss of datat that results from the download of the material and/or data. These limitations, disclaimers of warranties and exclusions apply without regard to whether the damages arise from (a) breach of contract, (b) breach of warranty, (c) negligence, or (d) any other cause of action, to the extent such exclusion and limitations are not prohibited by applicable law. The maximum liability on part of Brown Town Resort arising under any circumstances, in respect of any services offered, shall be limited to the refund of total amount received from the customer for availing the services less any cancellation, refund or others charges, as may be applicable. in no case the liability shall include any consequential loss, damage or additional expense whatsoever.
Links to third party sites
The Website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Brown Town Resort or the Website and Brown Town Resort are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Brown Town Resort is not responsible for any form of transmission, whatsoever, received by the User from any Linked Site. Brown Town Resort is providing these links to the User only as a convenience, and the inclusion of any link does not imply endorsement by Brown Town Resort or the Website of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof.
Brown Town Resort is not responsible for any errors, omissions or representations on any Linked Site. Brown Town Resort does not endorse any advertiser on any Linked Site in any manner. The Users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
Prohibition against unlawful use
As a condition of the use of the Website, the User warrants that they will not use the Website 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 and/or the TOS. In addition, the Website 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 Website. The User shall refrain from obtaining or attempting to obtain any materials or information through any means not intentionally made available or provided through the Website.
Access Restriction
Brown Town Resort reserves the right, in its sole discretion, to terminate the access to the website and the related services or any portion thereof at any time, without notice.
User’s Obligation
By the use of the Website, the User represents and confirms that the User is of legal age to enter into a binding contract and is not a person barred from using the Website and/or receiving the Services under the laws of India or other applicable law.
To avail a Service the User has and must continue to maintain at his sole cost: (a) all the necessary equipments including a computer and modem etc. to access the Website (b) own access to the World Wide Web. The User shall be responsible for accessing the Services and that access may involve third party fees including, airtime charges or internet service provider’s charges which are to be exclusively borne by the User.
The user also understands that the services may include certain communications from Brown Town Resort as service announcements and administrative messages. the user understands and agrees that these services are provided on an “as is” basis and that Brown Town Resort does not assume any responsibility for deletions, miss-delivery or failure to store any user communications or personalized settings.
The User agrees and undertakes at all times to be responsible for maintaining the confidentiality of the password and user id, and shall be fully responsible for all activities that occur from use of such password or user id. Further, the User agrees not to use any other party’s user id and password for any purpose whatsoever without proper authorization from such party. The User is responsible for the security of his/her password and for all transactions undertaken using the password through our service. The Password entered by you is transmitted in one- way encrypted form to our database and stored as such. Thus the Password will not be known even to Brown Town Resort. The User confirms that he/she is the authorised holder of the credit/debit card or the original account holder of the bank account used in availing the Services. Brown Town Resort will not be responsible for any financial loss, inconvenience or mental agony resulting from misuse of your ID/password/credit card number/debit card number/ account details number for availing the Services.
The User also agrees and undertakes to immediately notify Brown Town Resort of any unauthorized use of the User’s password or user id and to ensure that the user logs off at the end of each session at the Website. Brown Town Resort shall not be responsible for any, direct or indirect, loss or damage arising out of the User’s failure to comply with this requirement.
The User also agrees to: (a) provide true, accurate and complete information about himself and his beneficiaries as prompted by the registration form (“Registration Data”) on the Website; and (b)maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If the User provides any information that is untrue, inaccurate, not current or incomplete or Brown Town Resort has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Brown Town Resort has the right to suspend or terminate the User’s registration and refuse any and all current or future use of the Website and/or any Service.
Furthermore, the User grants BTR the right to disclose to third parties Registration Data to the extent necessary for the purpose of carrying out the Services.
Propriety Rights
Brown Town Resort may provide the User with content such as sound, photographs, graphics, video or other material contained in sponsor advertisements or information. This material may be protected by copyrights, trademarks or other intellectual property rights and laws. The User may use this material only as expressly authorized by Brown Town Resort and shall not copy, transmit or create derivative works of such material without express authorization from Brown Town Resort.
The User acknowledges and agrees that they shall not upload, post, reproduce or distribute any content on or through the Website that is protected by copyright or other proprietary right of a third party, without obtaining the permission of the owner of such right. Any copyrighted or other proprietary content distributed on or through the Website with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject the User to personal liability or criminal prosecution.
Relationship
None of the provisions of this Agreement, terms and conditions, notices or the right to use the Website by the User contained herein or any other section or pages of the Website and/or the Linked Sites, shall be deemed to constitute a partnership between the User and Brown Town Resort and no party shall have any authority to bind or shall be deemed to be the agent of the other in any way. It may be noted, however, that if by using the Website, the User authorizes Brown Town Resort and its agents to access third party sites designated by them or on their behalf for retrieving requested information, the User shall be deemed to have appointed Brown Town Resort and its agents as their agent for this purpose.
Headings
The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of this Agreement, the TOS or the right to use the Website by the User contained herein or any other section or pages of the Website or any Linked Sites in any manner whatsoever.
Interpretation
The terms and conditions herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine and feminine. The words “include”, “includes” and “including” shall be deemed to be followed by the phrase “without limitation”. Unless the context otherwise requires, the terms “herein”, “hereof”, “hereto”, “hereunder” and words of similar import refer to this Agreement as a whole.
Indemnification
The User agrees to indemnify, defend and hold harmless Brown Town Resort from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Brown Town Resort 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 this Agreement and/or the TOS.
Severability
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.
Termination
Either the User or Brown Town Resort may terminate this Agreement and a Service with or without cause at any time to be effective immediately.
The User agrees that Brown Town Resort may under certain circumstances and without prior notice terminate the User’s user id and access to the Website/Services. Causes for termination may include, but shall not be limited to, breach by the User of this Agreement or the TOS, requests by enforcement or government agencies, requests by the User, non-payment of charges owed by the User in connection with the Services as specified in the applicable TOS.
This Agreement may be terminated by either the User or Brown Town Resort through a written notice to the other. Brown Town Resort shall not be liable to the User or any third party for termination of any Service. Should the User object to any terms and conditions of this Agreement, any TOS or become dissatisfied with the Service in any way, the User’s only recourse is to immediately: (a) discontinue use of the Website/Service; and (b) notify Brown Town Resort of such discontinuance by initiating a request for deleting his User ID.
Upon termination of the Service, User’s right to use the Website/Services and software shall immediately cease. The User shall have no right and Brown Town Resort shall have no obligation thereafter to execute any of the User’s uncompleted tasks or forward any unread or unsent messages to the User or any third party. Once the User’s registration or the Services are terminated, cancelled or suspended, any data that the User has stored on the Website may not be retrieved later.
Notices
All notices and communications (including those related to changes in the TOS, Services, termination of Service etc.,) shall be in writing, in English and shall deemed given if delivered personally or by commercial messenger or courier service, or mailed by registered or certified mail (return receipt requested) or sent via email/facsimile (with acknowledgment of complete transmission) to the following address:
If to Brown Town Resort, at
info@browntownresort.com
or at the address posted on the Website.
If to a non-registered User, at the communication and/or email address specified in the application form for registering with Brown Town Resort.
If to a registered User, at the communication and/or email address specified in the registration form.
Notice shall be deemed to have been served 48 hours after it has been sent, dispatched, displayed, as the case may be, unless, where notice has been sent by email, it comes to the knowledge of the sending party, that the email address is invalid.
Governing Law
This agreement and each TOS shall be governed by and constructed in accordance with the laws of India. Any conf lict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts of Hyderabad.
