TERMS OF SERVICES AND 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.
This is the Guest Policy for ‘K Resort’, a luxury resort operated by Pixie Dust. This Guest Policy shall be read along with the Terms of Use and Privacy Policy of the Website at ‘www.kresort.in’.

GENERAL TERMS

a) 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 the Website ‘www.kresort.in’ (hereinafter referred to as the “Website” ) which is owned and operated by Pixie Dust (hereinafter referred to as the “Company”), having its office at 15/8, First Crescent Park Road, Gandhi Nagar, Adyar, Chennai – 600 020.

b) where such expression shall, unless repugnant to the context thereof, be deemed to include its respective representatives, administrators, employees, directors, officers, agents and their successors and assigns.

c) For the purpose of these Terms of Use (“Terms”), wherever the context so requires,
   i) The term ‘You’ &‘User’, shall mean any legal person or entity accessing or using the services provided on this Website, who is competent to enter into binding contracts, as per the provisions of the Indian Contract Act, 1872.   ii) The terms ‘We’, ‘Us’, ‘Our’ shall mean the Website and/or the Company, as the context so requires.   iii) The term ‘Services’ shall mean the business of running a leisure resort by name ‘K Resort’.   iv) The terms ‘Party’ & ‘Parties’ shall respectively be used to refer to the User and the Company individually and collectively, as the context so requires.

d) The headings of each section in these Terms are only for the purpose of organizing the various provisions under these Terms in an orderly manner, and shall not be used by either Party to interpret the provisions contained herein in any manner. Further, it is specifically agreed to by the Parties that the headings shall have no legal or contractual value.

e) The use of this Website by the User is solely governed by these Terms as well as the Privacy Policy and any modifications or amendments made thereto by the Company, from time to time, at its sole discretion. If You continue to access and use this Website, You are agreeing to comply with and be bound by the following terms and conditions of use and Our Privacy Policy. The User expressly agrees and acknowledges that these Terms and Policy is co-terminus, and that expiry/termination of either one will lead to the termination of the other.

f) The User unequivocally agrees that these Terms and the aforementioned Policy constitute a legally binding agreement between the User and the Company, and that the User shall be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by the Website, and that the same shall be deemed to be incorporated into these Terms, and shall be treated as part and parcel of the same. The User acknowledges and agrees that no signature or express act is required to make these Terms and the Policy binding on the User, and that the User’s act of visiting the any part of the Website constitutes the User’s full and final acceptance of these Terms and the aforementioned Policy.

g) The Company reserves the sole and exclusive right to amend or modify these Terms without any prior permission or intimation to the User, and the User expressly agrees that any such amendments or modifications shall come into effect immediately. The User has a duty to periodically check the terms and stay updated on its requirements. If the User continues to use the Website following such a change, the User will be deemed to have consented to any and all amendments/modifications made to the Terms. In so far as the User complies with these Terms, it is granted a personal, non-exclusive, non-transferable, revocable, limited privilege to access and use the Website.If the User does not adhere to the changes, You must stop using the Services at once. Your continuous use of the Services will signify your acceptance of the changed terms.

REGISTRATION

To fully avail the use of the Services, a one-time User registration is not a mandatory requirement, but you can register, and Like/Follow us on our social media accounts. You may access the Services by signing in as User by providing the following information which shall include but not be limited to name, contact details and details for bookings, if applicable. If You Like/Follow us on social media, Users may receive gifts.

Registration for this Website is only for those of 18 years of age or over, barring those “Incompetent to Contract” which inter alia include minors and insolvents. The Company reserves the right to terminate Your account on knowledge of You being incompetent to contract and having registered on the Website or availing any of its Services.

Further, at any time during Your use of this Website, including but not limited to the time of registration, You are solely responsible for protecting the confidentiality of Your Username and password, and any activity under the account shall be deemed to have been done by You. In the case that You provide Us with false and/or inaccurate details or We have reason to believe You have done so, We hold the right to permanently suspend Your account. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your account, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your account.

SERVICE OVERVIEW

The Website is to provide an overview and bookings for ‘K Resort’, a luxury resort located in Puducherry. With its big open spaces, stone flooring and earthy environment, K Resort presents a unique blend of modernism and tradition. Carefully crafted by local artisans, K Resort features uniquely charming guest villas with balconies, a full service restaurant that comfortably seats 80 and a lounge bar that seats 45. K Resort also boasts of a Banquet hall that seats 500 guests. Our mission is to render impeccable service and graceful dining in an atmosphere of elegance. This is accomplished by our stunning facility, sumptuous cuisine and most importantly through our amazing staff who help transform your special occasion into a truly memorable one.

ELIGIBILITY

The User represents and warrants that they are competent and eligible to enter into legally binding agreements and that they have the requisite authority to bind themselves to these Terms, as determined solely by the provisions of the Indian Contract Act, 1872 and the laws of their own jurisdictions. The User may not use the Website if they are not competent to contract under the Indian Contract Act, 1872, or are disqualified from doing so by any other applicable law, rule or regulation currently in force in their jurisdictions or in India.

CONTENT

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork displayed on the Website (collectively, "Content"), is generated/provided by the Website and We have control and make guarantees regarding the quality, the accuracy, integrity or genuineness of such Content.

The Company is solely responsible for the integrity, authenticity, quality and genuineness of the details that are displayed on the Website but the Website and Company bear no liability whatsoever for any incorrect information fed by any User to the Website. Users are encouraged to read and look at the descriptions of the resort and use their own discretion before availing of the Services and making any bookings from the Website.

The Users have a personal, non-exclusive, non-transferable, revocable, limited privilege to access the content on the Website. Users shall not copy, adapt, and modify any content without written permission of the Company.

TERM

These Terms shall continue to form a valid and binding contract between the Parties, and shall continue to be in full force and effect until the User continues to access and use the Website.

A User may terminate their use of the Website at any time. The Company may terminate these Terms and close a User account at any time without notice and/or suspend or terminate a User’s access to the Website at any time and for any reason, in its sole discretion. Such suspension or termination shall not limit our right to take any other action against you that we consider appropriate.

It is also hereby declared that the Company may discontinue the Website without any prior notice.

TERMINATION

The Company reserves the right, in its sole discretion, to unilaterally terminate the User’s access to the Services, or any portion thereof, at any time, without notice and cause. The Website also reserves the universal right to deny access to particular Users, to any/all of its Services without prior notice/explanation in order to protect the interests of the Website and/or other visitors to the Website. The Website reserves the right to limit, deny or create different access to the Website and its features with respect to different User(s), or to change any of the features or introduce new features without prior notice. The User shall continue to be bound by these Terms, and it is expressly agreed to by the Parties that the User shall not have the right to terminate these Terms till the expiry of the same.

COMMUNICATION

By using this Website, and providing his/her contact information to the Company through the Website, the User hereby agrees and consents to receiving calls, autodialled and/or pre-recorded message calls, e-mails, and SMSs from the Company and/or any of its affiliates or partners at any time, subject to the Policy. In the event that the User wishes to stop receiving any such marketing, special offers or promotional calls/email messages/text messages, the User may unsubscribe via email at [.]. The User agrees and acknowledges that it may take up to fifteen (15) business days for the Company to give effect to such a request by the User.

The User expressly agrees that notwithstanding anything contained hereinabove, it may be contacted by the Company or any of its affiliates/partners relating to any service availed of by the User on the Website or anything pursuant thereto and the User agrees to indemnify the Company from any and all harassment claims. It is expressly agreed to by the Parties that any information shared by the User with the Company shall be governed by the Policy.

CHARGES

The use of the Website is free, but bookings made by the User are chargeable in accordance with prevailing rates and tariffs as mentioned on the Website. The User shall be responsible for payment of all applicable taxes, surcharges as may arise for successful bookings and the Website reserves the right to alter the prices and non-statutory charges at any time. The mode of payment on the Website can be through third-party gateways and the Website shall not be liable for any discrepancies or failures of the respective gateways that are governed by the gateways’ terms of service and privacy policies.

USER OBLIGATIONS

The User agrees and acknowledges that he/she is a restricted User of this Website, and that he/she:  a) Agrees to provide genuine credentials during the process of registration/purchase in the Website. You shall not use a fictitious identity to register/make bookings.We are not liable if the User has provided incorrect information. Agrees to ensure the contact details provided during account registration/booking are valid at all times and shall keep your information accurate and up-to-date. The User can update their details anytime.

 b) Agrees that You are solely responsible for maintaining the confidentiality of your account password. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.

 c) Understands and agrees that, to the fullest extent permissible by law, the Website/Company and their successors and assigns, or any of their affiliates or their respective officers, directors, employees, agents, licensors, representatives, operational service providers, advertisers or suppliers shall not be liable for any loss or damage, of any kind, direct or indirect, in connection with or arising from use of the Website or from this terms of use, including, but not limited to, compensatory, consequential, incidental, indirect, special or punitive damages.

 d) Is bound not to cut, copy, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or obtained from the Website. Any such use/limited use of the Website will only be allowed with the prior express written permission of the Company. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information contained on the Website is expressly prohibited.

 e) Agrees not to access (or attempt to access) the Website and/or the materials or services by any means other than through the interface provided by the Website. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or its content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any content, or to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website will lead to suspension or termination of the User’s access to the Website.

 f) The User expressly agrees and acknowledges that the Website is created by the Company.

The User further undertakes not to:

   i. Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of any other person or entity;

   ii. Engage in any activity that interferes with or disrupts access to the Website or the services provided therein (or the servers and networks which are connected to the Website);

   iii. Impersonate any person or entity, or falsely state or otherwise misrepresent his/her affiliation with a person or entity;

   iv. Use any products for any purpose other than for business consumption;

   v. Publish, post, disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever under any law, rule or regulation currently in force; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;

   vi. Post or share any image/file/data with the Company that infringes the copyright, patent or trademark of another person or legal entity;

   vii. Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website;

   viii. Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. The User may not reverse look-up, trace or seek to trace any information relating to any other User of, or visitor to, the Website, including any User account maintained on the Website not operated/managed by the User, or exploit the Website or information made available or offered by or through the Website, in any manner;

   ix. Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Website or any affiliated or linked platforms;

   x. Collect or store data about other Users of the Website.

   xi. Use the Website or any material or content therein for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Website or any other third party (ies);

   xii. Violate any code of conduct or guideline which may be applicable for or to any particular service offered on the Website;

   xiii. Violate any applicable laws, rules or regulations currently in force within or outside India;

   xiv. Violate any portion of these Terms or the Policy, including but not limited to any applicable additional terms of the Website contained herein or elsewhere, whether made by amendment, modification, or otherwise;

   xv. Threaten the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public Order, or cause incitement to the commission of any cognizable offence, or prevent the investigation of any offence, or insult any other nation.

   xvi. Publish, post, or disseminate information that is false, inaccurate or misleading;

   xvii. Directly or indirectly offer, attempt to offer, trade, or attempt to trade, any item the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.

   xviii. Commit any act that causes the Company to lose (in whole or in part) the services of its Internet Establishment ("ISP") or in any manner disrupts the services of any other supplier/service provider of the Company;

   xix. Engage in advertising to, or solicitation of, other Users of the Website to buy or sell any products or services not currently displayed on the Website. The User may not transmit any chain letters or unsolicited commercial or junk email/messages to other Users via the Website. It shall be a violation of these Terms to use any information obtained from the Website to harass, abuse, or harm another person, or to contact, advertise to, solicit, or sell to another User of the Website without the express prior written consent of the Company.

The User hereby expressly authorizes the Company/Website to disclose any and all information relating to the User in the possession of the Company/Website to law enforcement or other government officials, as the Company may in its sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those involve personal injury and theft/infringement of intellectual property. The User further understands that the Company/Website might be directed to disclose any information (including the identity of persons providing information or materials on the Website) as necessary to satisfy any judicial Order, law, regulation or valid governmental request.

SUSPENSION OF USER ACCESS AND ACTIVITY

Notwithstanding other legal remedies that may be available to it, the Company may in its sole discretion limit the User’s access and/or activity by immediately removing the User’s access credentials either temporarily or indefinitely, or suspend/terminate the User’s association with the Website, and/or refuse to usage of the Website to the User, without being required to provide the User with notice or cause:

  a) If the User is in breach any of these Terms or the Policy;

  b) If the User has provided wrong, inaccurate, incomplete or incorrect information;

  c) If the User’s actions may cause any harm, damage or loss to the other Users or to the Website/Company, at the sole discretion of the Company.

INDEMNITY

a. You agree to indemnify, defend and hold harmless the Company/Website, its independent service providers, third party Suppliers, and consultants, and their respective directors, officers, employees and agents (collectively, "Parties"), 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 us 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 you pursuant to these terms of use. further, you agree to hold us harmless against any claims made by any third party due to, or arising out of, or in connection with:

   i. Your use of the Website;
   ii. Your violation of these Terms and Conditions;
   iii. Your violation of any rights of another;
   iv. Your conduct in connection with the Website;
   v. Your internal disputes amongst other Users; or

b. You agree to fully cooperate in indemnifying Us at Your expense. You also agree not to reach a settlement with any party without Our consent.

In no event shall the Company/Website be liable to compensate the User or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable, and whether or not the Company/ Website had been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with the User’s use of or access to the Website and/or the services or materials contained therein.

LIMITATION OF LIABILITY

  a. The Founder/ Associated people of the Website are not responsible for any consequences arising out of the following events:
   i. If the Website is inoperative/non-responsive due to any connectivity errors associated with the internet connection such as but not limited to slow connectivity, no connectivity, server failure.
   ii. if the User has fed incorrect figures or data or for any deletion of data.
   iii. if there is undue delay or inability to communicate through email.
   iv. if there is a failure in the functioning of any other service provided by the Website.
  b. The Website accepts no liability for any errors or omissions, whether on behalf of itself or third parties, or for any damage caused to the User, the User’s belongings, or any third party, resulting from the use or misuse of the Website. The service is provided without any guarantees, conditions or warranties as to its accuracy, suitability, completeness or reliability. The Website will not be liable to you for the unavailability or failure of the Website.

  c. Users may be held legally responsible for damages suffered by other Users, the Website or any third party as a result of legally actionable or defamatory comments, remarks, or other information or content posted to the Website.

  d. Users are to comply with all laws applicable to them or to their activities, and with all Policies, which are hereby incorporated into this Agreement by reference.

  e. The Website expressly excludes any liability for any loss or damage that was not reasonably foreseeable by the Website and which is incurred by you in connection with the Website, including loss of profits; and any loss or damage incurred by you as a result of your breach of these terms.

  f. To the fullest extent permitted by law, the Website shall not be liable to You or any other party for any loss or damage, regardless of the form of action or basis of any claim. You acknowledge and agree that your sole and exclusive remedy for any dispute with us is to terminate your use of the Website.

INTELLECTUAL PROPERTY RIGHTS

Unless expressly agreed to in writing, nothing contained herein shall give the User a right to use any of the Website’s trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports and other distinctive brand features, save according to the provisions of these Terms. All logos, trademarks, brand names, service marks, domain names, including material, designs, and graphics created by and developed by the Website and other distinctive brand features of the Website are the property of the Company. Furthermore, the Company shall be the exclusive owner of all the designs, graphics and the like, related to the Website.

The User may not use any of the intellectual property displayed on the Website in any manner that is likely to cause confusion among existing or prospective Users of the Website or third-parties, or that in any manner disparages or discredits the Company/Website, to be determined in the sole discretion of the Company.

The User is further aware that any reproduction or infringement of the intellectual property of the Company by the User will result in legal action being initiated against the User by the Company. It is agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.

DISCLAIMER

  a) The User agrees and undertakes that they are accessing the Website and transacting at his/her sole risk and are that it is using his/her best and prudent judgment before buying the Product listed on the Website.

  b) The User agrees that any kind of information, resources, recommendations obtained/availed from Website, whether written or oral, will not create any warranty and the Website disclaims all liabilities resulting from these.

  c) The Company/Website does not guarantee that the functioning of the Website will be uninterrupted or error-free, or that the Website or its server will be free of viruses or other harmful components, and the User hereby expressly accepts any and all associated risks involved with the User’s use of the Website.

  d) The Website and Company bear no liability whatsoever for any incorrect information fed by any User to the Website. Users are encouraged to read the descriptions and use their own discretion before availing of the Services and making any bookings from the Website.

  e) The User shall indemnify the Company and the Website from any violation by the User of these Terms, the Privacy Policy, the Guest Policy, the Refund Policy and any and all codes of conduct or guidelines as may be prescribed by the Company from time to time.

  f) The Website may avail services from third party entities to serve you better and these services will be provided on “as is” basis and the Website disclaims any liabilities resulting from these third party services. The Website will not be responsible for any internet delays and damages caused by such problems and shall not be responsible for failure of any third-party payment gateways.

  g) It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.

FORCE MAJEURE

Neither the Company nor the Website shall be liable for damages for any delay or failure to perform its obligations hereunder if such delay or failure is due to cause beyond its control or without its fault or negligence, due to Force Majeure events including but not limited to acts of war, acts of God, earthquake, riot, fire, festive activities sabotage, labor shortage or dispute, internet interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or unauthorized.

DISPUTE RESOLUTION AND JURISDICTION

It is expressly agreed to by the Parties hereto that the formation, interpretation and performance of these Terms and any disputes arising there from will be resolved through a two-step Alternate Dispute Resolution (“ADR”) mechanism. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.

  a) Mediation: In case of any dispute between the parties, the Parties will attempt to resolve the same amicably amongst themselves, to the mutual satisfaction of both Parties. In the event that the Parties are unable to reach such an amicable solution within thirty (30) days of one Party communicating the existence of a dispute to the other Party, the dispute will be resolved by arbitration, as detailed herein below;

  b) Arbitration: In the event that the Parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration by a sole arbitrator to be appointed by the Company, and the award passed by such sole arbitrator will be valid and binding on both Parties. The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall be the city of Chennai.

The Parties expressly agree that the Terms, Policy and any other agreements entered into between the Parties are governed by the laws, rules and regulations of India.

NOTICES

Any and all communication relating to any dispute or grievance experienced by the User may be communicated to the Company by the User writing an email to [.]

MISCELLANEOUS PROVISIONS

  a) Entire Agreement: These Terms, read with the Policy form the complete and final contract between the User and the Company with respect to the subject matter hereof and supersedes all other communications, representations and agreements (whether oral, written or otherwise) relating thereto.

  b) Waiver: The failure of either Party at any time to require performance of any provision of these Terms shall in no manner affect such Party's right at a later time to enforce the same. No waiver by either Party of any breach of these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such breach, or a waiver of any other breach of these Terms.

  c) Severability: If any provision/clause of these Terms is held to be invalid, illegal or unenforceable by any court or authority of competent jurisdiction, the validity, legality and enforceability of the remaining provisions/clauses of these Terms shall in no way be affected or impaired thereby, and each such provision/clause of these Terms shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the original rights, intentions and commercial expectations of the Parties hereto, as expressed herein.

  d) Contact Us: If you have any questions about this Agreement, the practices of the Website, you can e-mail us at [.].

PRIVACY POLICY

We, Pixie Dust (hereinafter referred to as the “Company”) having its office at 15/8, Crescent Park Road, Gandhi Nagar, Adyar, Chennai – 600 020 where such expression shall, unless repugnant to the context thereof, be deemed to include its respective legal heirs, representatives, administrators, permitted successors and assigns are the creator of this Privacy Policy, and We ensure our steady commitment to Your privacy, and to the protection of your invaluable information. This privacy policy contains information about an online website called ‘www.foreigninlocal.com’ (hereinafter referred to as the “Website”). In order to provide You with Our uninterrupted use of services, We may collect and, in some circumstances, disclose information about you. To ensure better protection of Your privacy, We provide this notice explaining Our information collection and disclosure policies, and the choices You make about the way Your information is collected and used. This Privacy Policy shall be in compliance with the General Data Protection Regulation (GDPR) in effect from May 25, 2018 and any and all provisions that may read to the contrary shall be deemed to be void and unenforceable as of that date. If you do not agree with the terms and conditions of our Privacy Policy, including in relation to the manner of collection or use of your information, please do not use or access the Site. If you have any questions or concerns regarding this Privacy Policy, you should contact our Customer Support Desk at [.]

ANY CAPITALIZED WORDS USED HENCEFORTH SHALL HAVE THE MEANING ACCORDED TO THEM UNDER THIS AGREEMENT. FURTHER, ALL HEADING USED HEREIN ARE ONLY FOR THE PURPOSE OF ARRANGING THE VARIOUS PROVISIONS OF THE AGREEMENT IN ANY MANNER. NEITHER THE USER NOR THE CREATERS OF THIS PRIVACY POLICY MAY USE THE HEADING TO INTERPRET THE PROVISIONS CONTAINED WITHIN IT IN ANY MANNER.

DEFINITIONS

   i. The term ‘You’ &‘User’, shall mean any legal person or entity accessing or using the services provided on this Website, who is competent to enter into binding contracts, as per the provisions of the Indian Contract Act, 1872.

   ii. The terms ‘We’, ‘Us’, ‘Our’ shall mean the Website and/or the Company, as the context so requires.

   iii. The term ‘Services’ shall mean the business of running a leisure resort by name ‘K Resort’.
   iv. The terms ‘Party’ & ‘Parties’ shall respectively be used to refer to the User and the Company individually and collectively, as the context so requires.

   v. “Personal Information” shall mean and refer to any personally identifiable information that We may collect from You. For removal of any doubts, please refer to Clause 2.

vi. “Third Parties” refer to any website, company or individual apart from the User and the creator of this Website.

INFORMATION COLLECTED

We are committed to respecting Your online privacy. We further recognize Your need for appropriate protection and management of any Personal Information You share with us. Personal information shall include:
  a. Personal data such as, but not limited to, Name, Location, Password, Email ID, Mobile Number, etc.
  b. Tracking Information such as, but not limited to the IP address of your device and Device ID when connected to the Internet. [This information may include the URL that you just came from (whether this URL is on the Website or not), which URL you next go to (whether this URL is on the Website or not), your computer browser information, and other information associated with your interaction with the Site.]

This privacy policy also applies to data we collect from users who are not registered as members of this site, including, but not limited to, browsing behaviour, pages viewed etc. We also collect and store personal information provided by you from time to time on the Site. We only collect and use such information from you that we consider necessary for achieving a seamless, efficient and safe experience, customized to your needs including:
  a. To enable the provision of services opted for by you;
  b. To communicate necessary account and service related information from time to time;
  c. To allow you to receive quality customer care services;
  d. To comply with applicable laws, rules and regulations
Where any service requested by you involves a third party, such information as is reasonably necessary by the Company to carry out your service request may be shared with such third party.

We also do use your contact information to send you offers based on your interests and prior activity. The Company may also use contact information internally to direct its efforts for service improvement, but shall immediately delete all such information upon withdrawal of your consent for the same through our ‘unsubscribe’ button or through an email to be sent to [.].

We collect and store your search details on the Website, including your search history, the usage of the website and the features and time you have used the website for.

The Company will not use your financial information for any purpose other than to complete a transaction with you. To the extent possible, we provide you the option of not divulging any specific information that you wish for us not to collect, store or use. You may also choose not to use a particular service or feature on the Site, and opt out of any non-essential communications from the Website.

Further, transacting over the internet has inherent risks which can only be avoided by you following security practices yourself, such as not revealing account/login related information to any other person and informing our customer care team about any suspicious activity or where your account has/may has been compromised.

At every stage prior to, during or after information collection, you have the right to access all personally identifiable information provided, rectify or alter all personally identifiable information provided, restrict the level of information to be retained as per your sole discretion and object to the retention, use and potential disclosure of the personally identifiable information.

OUR USE OF YOUR INFORMATION

The information provided by You shall be used to

  a. Contact You when necessary and is also used for targeted marketing campaigns i.e. email marketing, remarketing, look alike campaigns etc., to conduct surveys, learn more about You by linking Your data with additional data through third-party data providers or analysing the data with the help of analytics service providers;
  b. Improve and develop new services, and features;
  c. Analyse purchase, usage and traffic data.
For more details about the nature of such communications, please refer to our Terms of Service. Further, Your personal data may be collected and stored by Us for internal record.
We use Your tracking information such as IP addresses, and or Device ID to help identify you and to gather broad demographic information. We will not sell, license or trade Your personal information. We will not share your personal information with others unless they are acting under our instructions or we are required to do so by law.
Information collected via Our server logs includes users' IP addresses and the pages visited; this will be used to manage the web system and troubleshoot problems. We also use third-party analytics, tracking, optimization and targeting tools to understand how users engage with our Website so that we can improve it and cater personalized content/ads according to their preferences.

HOW INFORMATION IS COLLECTED

Before or at the time of collecting personal information, we will identify the purposes for which information is being collected. If the same is not identified to you, you have the right to request the Company to elucidate the purpose of collection of said personal information, pending fulfilment of which you shall not be mandated to disclose any information whatsoever.
We will collect and use your personal information solely with the objective of fulfilling those purposes specified by us, within the scope of consent of the individual concerned or as required by law. We will only retain personal information as long as necessary for the fulfilment of those purposes. We will collect personal information by lawful and fair means and with the knowledge and consent of the individual concerned.
Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.

COOKIES

We use data collection devices such as “cookies” on certain pages of our Websites. “Cookies” are small files sited on your hard drive that assist us in providing customized services. We also offer certain features that are only available through the use of a “cookie”. Cookies can also help us provide information, which is targeted to your interests. Cookies may be used to identify logged in or registered users. Our Website uses session cookies to ensure that you have a good experience. These cookies contain a unique number, your 'session ID', which allows our server to recognise your computer and 'remember' what you've done on the site. The benefits of this are:

  a. You only need to log in once if you're navigating secure areas of the site
  b. Our server can distinguish between your computer and other users, so you can see the information that you have requested. You can choose to accept or decline cookies by modifying your browser settings if you prefer. This may prevent you from taking full advantage of the Website. We also use various third-party cookies for usage, behavioural, analytics and preferences data. The following are the different types of Cookies used on the Website:

  a. Authentication cookies: To identify the user and share the content that he or she requested for.
  b. Functionality cookies: For customized user experience and resuming past course progress.
c. Tracking, optimization and targeting cookies: To capture usage metric on device, operating system, browser etc. To capture behavioral metrics for better content delivery. To cater and suggest most suited products and services.

GOOGLE ANALYTICS

We use Google Analytics to help us to understand how you make use of Our content and work out how we can make things better. These cookies follow your progress through our Website/App, collecting anonymous data on where you have come from, which pages you visit, and how long you spend on the site. This data is then stored by Google in order to create reports. These cookies do not store your personal data.

The information generated by the cookie about your use of the Website, including your IP address, may be transmitted to and stored by Google on servers in the United States. Google may use this information for the purpose of evaluating your use of the Website, compiling reports on Website activity for us and providing other services relating to Website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google. By using this Website, you consent to the processing of data about you by Google in the manner and for the purposes set out above. The Google website contains further information about Analytics and a copy of Google's privacy policy pages.

EXTERNAL LINKS ON THE WEBSITE

The Website may include advertisements, hyperlinks to other websites, applications, content or resources. We have no control over any websites or resources, which are provided by companies or persons other than Us. You acknowledge and agree that We are not responsible for the availability of any such external sites or resources, and do not endorse any advertising, services/products or other materials on or available from such websites or resources. You acknowledge and agree that We are not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such websites or resources. These external websites and resource providers may have their own privacy policies governing the collection, storage, retention and disclosure of Your Personal Information that You may be subject to.

We reiterate that we are not responsible for the contents of any externally linked website, and are not responsible for any services that they may provide. We recommend that you review the privacy policy and terms of use at the linked site so you know how your data will be collected and used on those sites. We may provide links only as a courtesy, but make no representation or warranty as to their operation.

We recommend that You enter the external Website and review their privacy policy.

YOUR RIGHTS

Unless subject to an exemption, you have the following rights with respect to your personal data:

  a. The right to request a copy of your personal data which we hold about you;
  b. The right to request for any correction to any personal data if it is found to be inaccurate or out of date;
  c. The right to withdraw Your consent to the processing at any time;
  d. The right to object to the processing of personal data;
  e. The right to lodge a complaint with a supervisory authority
f. The right to obtain information as to whether personal data are transferred to a third country or to an international organization.

CONFIDENTIALITY

Your information is regarded as confidential and therefore shall not be divulged to any third party, unless if legally required to do so to the appropriate authorities, or if necessary to ensure Users may fully avail of the services of the Website.

We shall not sell, share, or rent your personal information to any marketing agencies or any other such companies that indulge in unsolicited communications. Any communication by Us to You shall be undertaken in accordance with Our Terms of Service and Privacy Policy.

DISCLOSURE OF YOUR INFORMATION TO THIRD PARTIES

Due to the existing regulatory environment, We cannot ensure that all of your Personal Information shall never be disclosed in ways other than those described in this Privacy Policy. Although we use industry standard practices to protect your privacy, we do not promise, and you should not expect, that your personally identifiable information or private communications would always remain private.

   i. External Service Providers such as third-party payment gateways: There may be a number of services offered by external service providers that help You use our Website, and there are third-party payment gateways which are mandatorily to be used if You wish to make purchases. If You choose to use these optional and/or mandatory services, and in the course of doing so, disclose information to the external service providers, and/ or grant them permission to collect information about You, then their use of Your information is governed by their privacy policy.

   ii. Law and Order: We cooperate with law enforcement inquiries, as well as other third parties to enforce laws, such as: intellectual property rights, fraud and other rights. We can, and You so authorise Us, disclose Your Personal Information to law enforcement and other government officials as We, in Our sole discretion, believe necessary or appropriate, in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or may expose Us/ Us or You to any legal liability.

Any information that you make publicly available on the site may be potentially viewed by any party, and by posting such material it is deemed that you consent to share such information with such parties.

ACCESSING, REVIEWING AND CHANGING YOUR PROFILE

Following registration, You can review and change the information You submitted at the stage of registration. An option for facilitating such change shall be present on the Website and such change can be facilitated by emailing us at [.]. If You change any information, We may keep track of Your old information.

If you believe that any of the information we are holding on you is incorrect or incomplete, or to remove Your profile, please write to or email us as soon as possible, at [.]. We shall promptly correct any information found to be incorrect. All User profiles are kept confidential and are not viewable by any other members/users.

We shall retain in Our files, information You have requested to remove for certain circumstances, such as to resolve disputes, troubleshoot problems and enforce Our terms and conditions. Further, such prior information is never completely removed from Our databases due to technical and legal constraints, including stored 'back up' systems. Therefore, You should not expect that all of Your personally identifiable information shall be completely removed from our databases in response to Your requests.

CONTROL OF YOUR PASSWORD

When you sign up to become a User, you may also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. It is important that you protect it against unauthorized access of your account and information by choosing your password carefully, and keeping your password and computer secure by signing out after using our services.

You agree not to use the account, username, email address or password of another User at any time or to disclose your password to any third party. You are responsible for all actions taken with your login information and password, including fees. If you lose control of your password, you may lose substantial control over your personally identifiable information and may be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised for any reason, you should immediately change your password. You agree to notify us immediately if you suspect any consistent unauthorized use of your account or access to your password even after changing it.

SECURITY

We treat data as an asset that must be protected against loss and unauthorised access. We employ many different security techniques to protect such data from unauthorised access. We follow generally accepted industry standards to protect the Personal Information submitted to Us and information that we have accessed. However, “perfect security” does not exist on the Internet. You therefore agree that any security breaches beyond the control of Our standard security procedures are at Your sole risk and discretion.

INDEMNITY

You agree and undertake to indemnify us in any suit or dispute by any Third Party arising out of disclosure of Personal Information by You to Third Parties either through Our Website or otherwise and Your use and access of apps/websites and resources of Third Parties. We assume no liability for any actions of Third Parties with regard to Your Personal Information, which You may have disclosed to such Third Parties.

SEVERABILITY

Each paragraph of this privacy policy shall be and remain separate from and independent of and severable from all and any other paragraphs herein except where otherwise expressly indicated or indicated by the context of the agreement. The decision or declaration that one or more of the paragraphs are null and void shall have no effect on the remaining paragraphs of this privacy policy.

AMENDMENT

Our Privacy Policy may change from time to time.

AUTOMATED DECISION MAKING

As a responsible company, we do not use automatic decision-making or profiling.

CONSENT WITHDRAWAL, DATA DOWNLOAD & DATA REMOVAL REQUESTS

To withdraw your consent, or to request the download or delete your data with us for any or all our products & services at any time, please email to [.] from your registered email address.

CONTACT US

If you have any questions or concerns regarding this privacy policy, you should contact us by sending an e-mail [.].

REFUND AND CANCELLATION POLICY

Terms of Booking and Accommodation

Check-in time is 12:00 pm and Check-out time is 10:00 am. Early check-in and late check-out will be subject to availability and additional charges may apply. Any change in taxes and/or any other levies/charges/ fees will be chargeable as extra, as prevalent during the stay.

Two children up to 6 years can stay free in parent’s room when using existing bed(s) in the room and extra beds can be provided in the room on a chargeable basis for children aged 7 years and older or adults.

All reservations, either on a regular or a restricted rate must be guaranteed by a valid credit card.
If a debit/credit card is used during check-in, a hold may be placed on your card account for the full anticipated amount to be owed to us, including estimated incidentals until check-out. Such a hold may not be released for 48 hours from the date of check-out or longer at the discretion of your card issuer.

Cancellation and Refund

Cancellations without applicable cancellation charges shall only be accepted if they are made at least 48 hours prior to arrival.

For bookings made on restricted rates, the same are not eligible for cancellation, refund nor transfer.

Cancellation charges

For cancellations received within 48 hours from the time of arrival, We shall charge a minimum of one night's room rate plus tax and service charge, wherever applicable. The same penalty applies to no-shows as well. Reservations booked within 48 hours will attract one night deposit (non-refundable) and in case of any pre-payment, we shall retain a portion (or the entirety) of the prepaid amount, at our discretion by way of cancellation charges. If no amount is prepaid, we reserve the right to impose appropriate charges on the credit card you have provided.

The K Store

Return of goods once sold will not be accepted. Refunds or store credit is also not permissible at the K Store. Goods once sold cannot be exchanged for other goods, store credit or any other mode of exchange.

The Website reserves its right to assess every request for cancellation/refund on its own merits, in accordance with its own discretion, and if the Website suspects any fraudulent transaction by any User, or any transaction violating the Terms of Service/Privacy Policy or any other policy of the Company, the Website shall be entitled to act in respect of such mala fides. The Website reserves its right to record details of Users engaging in fraudulent transactions or mala fide actions and cancel their orders, preventing them from using the Services.

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