TERMS AND CONDITIONS

The domain name www.thenmalaecoresort.com (hereinafter referred to as "Website") is registered in the name of SUNDAR VENTURES registered in Punalur, Kerala. (hereinafter referred to as "THE COMPANY").

Your use of the Website and services and tools are governed by the following terms and conditions as applicable to the Website. If you transact on the Website, you shall be subject to the policies that are applicable to the Website for such transaction. By mere use of the Website, you shall be contracting with THE COMPANY, these terms and conditions constitute your binding obligations, with THE COMPANY.

For the purpose of these terms and conditions, wherever the context so requires 'You' or "User" shall mean any natural or legal person who has agreed to become a member of the Website by providing Registration Data while registering on the Website as Registered User using the computer systems and accepted this electronic version / electronic record of the terms and conditions and has been allocated himself a unique identification user name ("User ID" and "Password") to become Registered User or have been identified as Guest User by providing cell number and email id. THE COMPANY allows User to surf the Website without registering on the Website. The term "we", "us", "our" shall mean THE COMPANY.

When you use any of the services provided by us through the Website, you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this terms and conditions and shall be considered as part and parcel of this terms and conditions. We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these terms and conditions periodically for changes. Your continued use of the Website following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these terms and conditions, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.

ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THIS TERMS AND CONDITIONS, SO PLEASE READ THIS TERMS AND CONDITIONS CAREFULLY BEFORE PROCEEDING

ELIGIBILITY

Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a member of the Website and shall not transact or use Website. As a minor if you wish to use or transact on Website, such use or transaction may be made by your legal guardian or parents who have registered as users of the Website. Website reserves the right to terminate your membership and refuse to provide you with access to the Website if it is brought to our notice or if it is discovered that you are under the age of 18 years.

YOUR ACCOUNT AND REGISTRATION OBLIGATIONS

If You use the Website, You shall be responsible for maintaining the confidentiality of your data and You shall be responsible for all activities that occur under your User ID and Password, if allotted. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the this terms and conditions, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Website and refuse to provide You with access to the Website.

COMMUNICATIONS

When You use the Website or send emails or other data, information or communication to us, You agree and understand that You are communicating with us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.

CHARGES

There is no charge or fee for browsing on the Website. However we reserve the right to charge fee and change its policies from time to time. Changes to the fee and related policies shall automatically become effective immediately once implemented on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to us.

USE OF THE WEBSITE

You agree, undertake and confirm that your use of Website shall be strictly governed by the following binding principles:

1. You shall not host, display, upload, modify, publish, transmit, update or share any information which

2. You shall not use any "deep-link", "page-scrape", "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 any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve our right to bar any such activity.

3. You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password "mining" or any other illegitimate means.

4. You shall not 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. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to Website, or any other customer, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Website.

5. You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about us or the brand name or domain name used by us including the terms THENMALA ECORESORT, THENMALA ECO ADVENTURE PARK, SUNDAR VENTURES, THE COMPANY, or otherwise engage in any conduct or action that might tarnish the image or reputation, of THE COMPANY, or its suppliers or otherwise tarnish or dilute any of THE COMPANY's trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or THE COMPANY's systems or networks, or any systems or networks connected to THE COMPANY.

6. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website.

7. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Website or any service offered on or through the Website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Website or any content for any purpose that is unlawful or prohibited by these terms and conditions, or to solicit the performance of any illegal activity or other activity which infringes the rights of THE COMPANY and / or others.

9. It is possible that other users (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on the Website and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Website, and that the recipient may use such information to harass or injure you. We do not approve of such unauthorized uses, but by using the Website You acknowledge and agree that we are not responsible for the use of any personal information that You publicly disclose or share with others on the Website. Please carefully select the type of information that you publicly disclose or share with others on the Website.

10. We shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of People, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).

CONTENTS POSTED ON SITE

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Website is owned and controlled or licensed by us, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these terms and conditions, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without our express prior written consent.

DISCLAIMER OF WARRANTIES AND LIABILITY

Without prejudice to the forgoing paragraph, we do not warrant that:

  • This Website will be constantly available, or available at all; or
  • The information on this Website is complete, true, accurate or non-misleading.

    We will not be liable to you in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Website. We do not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to you through the Website; their servers; or electronic communication sent from us are free of viruses or other harmful components. Nothing on Website constitutes, or is meant to constitute, advice of any kind.

    BREACH

    Without limiting other remedies, we may limit Your activity, immediately remove Your information, warn other Users of Your actions, immediately temporarily/indefinitely suspend or terminate or block Your membership, and/or refuse to provide You with access to the Website in the event, but not limited to

    1. If You breach the terms and conditions or Privacy Policy or other rules and policies, if any

    2. If we are unable to verify or authenticate any information You provide; or

    If it is believed that your actions may cause legal liability for you, other users or us. We may at any time at our sole discretion reinstate suspended users. A user that has been suspended or blocked may not register or attempt to register with us or use the Website in any manner whatsoever until such time that such user is reinstated by us.

    BOOKING TERMS AND CONDITIONS

    The full amount of the reservation will be charged on your credit card shortly after your booking is confirmed.

    INDEMNITY

    You shall indemnify and hold harmless THE COMPANY, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of Your breach of this terms and conditions, Privacy Policy and other Policies, or Your violation of any law, rules or regulations or the rights of a third party.

    APPLICABLE LAW

    This Agreement shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in THENMALA, PUNALUR, KERALA.

    LIMITATION OF LIABILITY

    IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THIS AGREEMENT, EVEN IF WE HAD BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

    OUR CONTACT

    Please send any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Website to contact@thenmalaecoresort.com