PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE
The documents, data, information and other materials (collectively the “Material(s)”) contained on the Web Site www.SikkimSilkRoute.com (the “Site”) are provided by TRAVEL MONK, exclusively for non-commercial, individual use by prospective and confirmed guests to inquire and/or make reservations and related services and for no other purpose.
By accessing, using, viewing, transmitting, caching or storing this site or any of its services, functions, materials, or contents, you shall be deemed to have agreed to each and all of the terms, conditions, and notices in this site (“Agreement”) without modification. If you do not agree to the terms of this Agreement, please do not use this Site or download any Materials from it. TRAVEL MONK reserves the right to change any of the terms, conditions, and notices under which the Materials and the Site are offered at any time, in its sole discretion
AGREEMENT FOR USE
The User warrants that he/she is at least 18 years of age and possesses the legal authority to enter into this Agreement and to use this Site in accordance with all terms and conditions herein.
The User hereby agrees to be financially responsible for all of their use of this Site (as well as for use of their account by others, including without limitation minors living with them). The User agrees to supervise all usage by minors of this Site under their name or account. The User also warrants that all information supplied by them or members of their household in using this Site is true and accurate and without limitation, or any false or fraudulent reservation. The User agrees that the reservations facilities of this Site shall be used only to make legitimate reservations or purchases for their or for another person for whom they are legally authorized to act. The User understands that overuse or abuse of the reservation facilities of this Site may result in the User being denied access to such facilities. The User shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of this Site.
LIMITED LICENSE TO VIEW AND COPY
The content and information displayed on this Site is the property of TRAVEL MONK and/or other parties. Any downloading, reproduction, or retransmission of information from this Site, other than for non-commercial individual use, is strictly prohibited.
The User agrees not to:
(a) copy, display, modify, reproduce, or otherwise transfer any of the Materials to any third party without the prior written permission of TRAVEL MONK. (b) interfere or disrupt networks connected to the Site; (c) use or attempt to use any device, software or routine which interferes with the proper functioning of the Site or any transactions being offered through the Site; (d) transmit files, data or other materials containing a computer virus, corrupted data, worms, “Trojan horses” or other instructions or design that would erase data or programming or cause the Site or any equipment or system to become inoperable or incapable of being used in the full manner for which it was designed; (e) deliver any communication to or through the Site which violates any local, state, federal or international law; (f) deliver any communication to or through the Site that contains defamatory, libelous, abusive or obscene material; or (g) deliver any communication to or through the Site that will infringe upon the rights of any third party.
INTELLECTUAL PROPERTY RIGHTS
This Site and the Materials contain and reference trademarks, patents, trade secrets, technologies, products, processes or other proprietary rights of TRAVEL MONK. No license or right to or in any such trademarks, patents, trade secrets, technologies, products, processes and other proprietary rights of TRAVEL MONK is granted to or conferred upon the User. No Materials may be reproduced, distributed, posted, displayed, uploaded, or transmitted except as expressly permitted herein. The User may not remove any copyright, trademark notice, watermark on photographs, or proprietary notices from the Materials; or use the Materials or this Site.
The use of any Materials from the Site on any other internet, intranet, web or other site or computer environment is prohibited. The User may not utilize framing techniques to frame any of TRAVEL MONK trademarks, logos, or other proprietary information (including images and text).
COPYRIGHT AND OWNERSHIP
All contents of this Web site are the copyrighted property of TRAVEL MONK. The Materials are confidential and proprietary information of TRAVEL MONK.
The materials are provided “as is” without any warranty, representation, condition, undertaking or term of any kind, express or implied, statutory or otherwise, including without limitation, the warranties of merchantability, non-infringement of intellectual property, or fitness for a particular purpose. Because some jurisdictions prohibit the exclusion of implied warranties, the above exclusions may not apply to the User.
Further, TRAVEL MONK does not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within the Materials. TRAVEL MONK may make changes to the Materials, or the programs, policies or other information described in the Materials, at any time without notice. TRAVEL MONK makes no commitment to update the Materials.
LIMITATION OF LIABILITY
In no event shall TRAVEL MONK be liable for any special, indirect or consequential damages or any damages whatsoever, including loss of profits or data, whether in an action in contract or tort, arising out of the use or performance of the site or the materials, or the performance or non-performance by TRAVEL MONK or any third party providers of products or services related to this site, this limitation of liability shall apply regardless of whether the claim asserted is based on contract, negligence, or any other theory of recovery, even if TRAVEL MONK has been advised of the possibility of such damages. Because some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to the User.
TRAVEL MONK reserves the right, in its sole discretion, to modify the User’s access or terminate User’s access to the Site and the Materials or any portion thereof at any time, without notice.
All notices and other communications permitted or required by the provisions of this Agreement may be given by electronic mail or conventional mail. Notice is deemed given upon receipt by the User if sent by electronic mail or conventional mail, or immediately upon posting to this Site.
Any claim relating to this Agreement or the Materials shall by governed by the laws of India, exclusive of the choice of law rules thereof. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior oral and written agreements. No failure or delay on the part of TRAVEL MONK in exercising any right or remedy hereunder or enforcing the terms and conditions of this Agreement will operate as a waiver thereof. If any part or provision of this Agreement is found to be invalid, unenforceable or void, then the remaining portion shall remain in full force and effect. Headings are for convenience only and not for use in interpretation of this Agreement.