TERMS AND CONDITIONS
Welcome to www.wellnessloka.com
”). The Website is owned and hosted by Koozhampala Solutions Private Limited, a company registered under the Companies Act 2013 having its registered office at 13/249, Mannackanad, Kuravilangad, Kottayam, Kerala, India (“Company
” and “Us
Your ( “You
”). By accessing, browsing and using Distribution Channels and/or by completing a reservation or purchase of any service or product provided through the Distribution Channels (“WellnessLoka Services
”), you acknowledge and agree to have read, understood and agreed to the Terms and Conditions set out below. Hence we request you to kindly go through these Terms and Conditions carefully. If you object to being legally bound by these Terms and Conditions, then we request you to not access or use the Website and discontinue your registration with us.
These Terms and Conditions, as may be amended from time to time, apply to all our services directly or indirectly (through distributors) made available through any Distribution Channels.
Both User and Company are individually referred as 'party' to the agreement and collective referred to as 'parties'.
I. Scope Of Services
a. We provide an online reservation through the Distribution Channels through which establishments providing Wellness Services (“Service Providers”) can advertise their products and service for reservation or purchase, and through which visitors to the Distribution Channels can make such reservations or purchase for availing Wellness Services.
b. The Users availing WellnessLoka Services from the Company shall be deemed to have read, understood and expressly accepted the terms and conditions of this agreement, which shall govern the desired transaction or provision of such services by Company for all purposes, and shall be binding on the User. All rights and liabilities of the User and/or Company with respect to any services to be provided by Company shall be restricted to the scope of this agreement.
c. From the point at which you make your reservation, we act solely as an intermediary between you and the Service Provider, transmitting the details of your reservation to the relevant Service Provider(s) and sending you a confirmation email for and on behalf of the Service Provider.
d. Further to the terms of this Agreement, certain WellnessLoka Services would be provided subject to specific guidelines, terms of services pertaining to the particular WellnessLoka Service or particular Service Provider (“Terms of Service”). Such Terms of Service will be provided/ updated by the Company which shall be deemed to be a part of this Agreement and in the event of a conflict between such Terms of Service and this Agreement, the terms of this Agreement shall prevail. The User shall be required to read and accept the relevant Terms of Service for the WellnessLoka Services availed by the User and the User shall be responsible for ensuring compliance with the Terms of Service of the Service Provider with whom the User elects to deal.
e. Information pertaining to the WellnessLoka Services provided by the Company shall be based on information provided to Us by Service Providers. As such, the Service Providers are given access to an Extranet through which they are fully responsible for updating all rates, availability and other information which is displayed on our Distribution Channels. Although we will use reasonable skill and care in performing our services we will not verify if, and cannot guarantee that, all information is accurate, complete or correct, nor can we be held responsible for any errors (including manifest and typographical errors), any interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade or maintenance of our Distribution Channels or otherwise), inaccurate, misleading or untrue information or non-delivery of information. Each Service Provider remains responsible at all times for the accuracy, completeness and correctness of the (descriptive) information (including the rates and availability) displayed on the Distribution Channels.
f. Although any listing of Services in Our Distribution Channel does not constitute and should not be regarded as a recommendation or endorsement of the quality, service level, qualification or (star) rating of any Service Provider (or its facilities, venue, products or services) made available, we would be providing an option for the benefit of the User suggestions on WellnessLoka Services based on the Your preferences or your operation of the Distribution Channels (“Similar Services Option”). Any Similar Service Option should not be considered as a solicitation or recommendation by the Company.
g. The User expressly agrees that use of the services is at their sole risk. To the extent Company acts only as a booking agent on behalf of third party service providers, it shall not have any liability whatsoever for any aspect of the standards of services provided by the service providers. In no circumstances shall Company be liable for the services provided by the service provider. The services are provided on an "as is" and "as available" basis. Company may change the features or functionality of the services at any time, in their sole discretion, without notice. Company expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. No advice or information, whether oral or written, which the User obtains from Company or through the services shall create any warranty not expressly made herein or in the terms and conditions of the services. If the User does not agree with any of the terms above, they are advised not to read the material on any of the Company pages or otherwise use any of the contents, pages, information or any other material provided by Company. The sole and exclusive remedy of the User in case of disagreement, in whole or in part, of the user agreement, is to discontinue using the services after notifying Company in writing
a. By using the registering with the Distribution Channels, the User authorizes Company and its agents to access third party sites, including that of Banks and other payment gateways, designated by them or on their behalf for retrieving requested information
b. While registering, the User will choose a password and is responsible for maintaining the confidentiality of the password and the account.
c. The User is fully responsible for all activities that occur while using their password or account. It is the duty of the User to notify Company immediately in writing of any unauthorized use of their password or account or any other breach of security. Company will not be liable for any loss that may be incurred by the User as a result of unauthorized use of his password or account, either with or without his knowledge. The User shall not use anyone else's password at any time
III. Prices and Fees
a. The prices provided in the Distribution Channels are based on the prices fixed by the Service Provider and applicable taxes for the Wellness Services and other charges or fees as fixed by the Company or applicable to the Wellness Services. In case, there is a short charging by Company for listing, services or transaction fee or any other fee or service because of any technical or other reason, it reserves the right to deduct/charge/claim the balance subsequent to the transaction at its own discretion.
b. The Company reserves the right to charge listing fees for certain listings, as well as transaction fees based on certain completed transactions using the services. Company further reserves the right to alter any and all fees from time to time, without notice.
c. Any increase in the price charged by Company on account of change in rate of taxes or imposition of new taxes by Government shall have to be borne by customer.
d. Sometimes cheaper rates or promotions or offers are available on the Distribution Channels for a specific service or product, however, these rates made available by Service Providers may carry special restrictions and conditions. Please check the relevant product, service and reservation conditions and details thoroughly for any such conditions prior to making your reservation.
IV. Cancellation and Advance Payment
a. By making a reservation with a Service Provider, you accept and agree to the relevant cancellation and no-show policy of that Service Provider, and to any Terms of Service mandated by the Service Provider.
b. The general cancellation and no-show policy of each Service Provider is made available on our Distribution Channels on the Service Provider information pages, during the reservation procedure and in the confirmation email or ticket (if applicable).
c. Certain rates or special offers are not eligible for cancellation or change. Applicable tax or service fee may still be charged by the Service Provider in the event of a no-show or charged cancellation. Please check the (reservation) details of your product or service of choice thoroughly for any such conditions prior to making your reservation.
d. A reservation which requires down payment or (wholly or partly) prepayment may be canceled (without a prior notice of default or warning) insofar the relevant (remaining) amount(s) cannot be collected in full on the relevant payment date in accordance with the Terms of Service of the Service Provider and the reservation.
e. Cancellation and prepayment policies may vary according to specific WellnessLoka Service. Please carefully read the Terms of Service in your reservation confirmation for additional policies as may be applied by the Service Provider (e.g. with respect to age requirement, security deposit, non-cancellation/additional supplements for group bookings, extra beds/no free breakfast, pets/cards accepted).
f. Late payment, wrong bank, debit or credit card details, invalid credit/debit cards or insufficient funds are for your own risk and account and you shall not be entitled to any refund of any (non-refundable) prepaid amount unless the Service Provider agrees or allows otherwise under its (pre)payment and cancellation policy.
g. If you wish to review, adjust or cancel your reservation, please check confirmation email and follow the instructions therein. Please note that you may be charged for your cancellation in accordance with the Service Providers cancellation, (pre)payment and no-show policy or not be entitled to any repayment of any (pre)paid amount. We recommend that you read the cancellation, (pre)payment and no-show policy of the Service Provider provider carefully prior to making your reservation and remember to make further payments on time as may be required for the relevant reservation.
h. If you have a late or delayed arrival on the check-in date or only arrive the next day, make sure to (timely/promptly) communicate this with the Service Provider so they know when to expect you to avoid cancellation of your reservation or room or charge of the no-show fee. Our Customer Service department can help you if needed with informing the Service Provider. The Company do not accept any liability or responsibility for the consequences of your delayed arrival or any cancellation or charged no-show fee by the Service Provider.
i. We disclaims any liability or responsibility for any communication with the Service Provider on or through its Distribution Channels. You cannot derive any rights from any request to, or communication with the Service Provider or (any form of) acknowledgement of receipt of any communication or request. Company cannot guarantee that any request or communication will be (duly and timely) received/read by, complied with, executed or accepted by the Service Provider.
j. In order to duly complete and secure your reservation, you need to use your correct email address. We are not responsible or liable for (and have no obligation to verify) any wrong or misspelled email address or inaccurate or wrong (mobile) phone number or credit card number.
k. Any claim or complaint against Company or in respect to the Service must be promptly submitted, but in any event within 30 days after the scheduled day of consummation of the product or service (e.g. check-out date). Any claim or complaint that's submitted after the 30-day period may be rejected, and the claimant shall forfeit their right to any (damage or cost) compensation.
V. Force Majure Circumstances
a. The user agrees that there can be exceptional circumstances where the Service Providers may be unable to honor the confirmed bookings due to various reasons like climatic conditions, labor unrest, insolvency, business exigencies, government decisions, operational and technical issues, route and flight cancellations etc. If Company is informed in advance of such situations where dishonor of bookings may happen, it will make its best efforts to provide similar alternative to its customers or refund the booking amount after reasonable service charges, if supported and refunded by that respective Service Providers. The user agrees that the Company being an agent for facilitating the booking services shall not be responsible for any such circumstances and the customers have to contact that service provider directly for any further resolutions and refunds.
b. The User agrees that in situations due to any technical or other failure in Company, services committed earlier may not be provided or may involve substantial modification. In such cases, Company shall refund the entire amount received from the customer for availing such services minus the applicable cancellation, refund or other charges, which shall completely discharge any and all liabilities of Company against such non-provision of services or deficiencies. Additional liabilities, if any, shall be borne by the User.
c. Company shall not be liable for delays or inabilities in performance or nonperformance in whole or in part of its obligations due to any causes that are not due to its acts or omissions and are beyond its reasonable control, such as acts of God, fire, strikes, embargo, acts of government, acts of terrorism or other similar causes, problems at airlines, rails, buses, hotels or transporters end. In such event, the user affected will be promptly given notice as the situation permits.
d. Without prejudice to whatever is stated above, the maximum liability on part of Company arising under any circumstances, in respect of any services offered on the site, 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 loss, damage or additional expense whatsoever beyond the amount charged by Company for its services.
e. In no event shall Company and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Company website(s) or any other channel . Neither shall Company be responsible for the delay or inability to use the Distribution channels or WellnessLoka Services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Distribution Channels or otherwise arising out of the use of the Company website(s), whether based on contract, tort, negligence, strict liability or otherwise.
f. Company is not responsible for any errors, omissions or representations on any of its pages or on any links or on any of the linked website pages.
VI. Feedback From Customer And Solicitation:
a. We are constantly trying to perform better in the provision of WellnessLoka Services and the performance of Distribution Channels. In this regard, the User hereby specifically authorizes the Company to contact the User with offers on various services offered by it through direct mailers, e-mailers, telephone calls, short messaging services (SMS) or any other medium, from time to time. In case that the customer chooses not to be contacted, he /she shall write to Company for specific exclusion at email@example.com
a. Company may provide the User with contents 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.
b. The User may use this material only as expressly authorized by Company and shall not copy, transmit or create derivative works of such material without express authorization.
c. The User acknowledges and agrees that he/she shall not upload post, reproduce, or distribute any content on or through the Services that is protected by copyright or other proprietary right of a third party, without obtaining the written permission of the owner of such right.
d. Any copyrighted or other proprietary content distributed 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.
VIII. Witholding , Refusal And Cancellation
a. Whether or not the Service Provider has charged you for your room, product or service, or if we are facilitating the payment of the (room/reservation) price, you agree and acknowledge that the Service Provider is at all times responsible for the collection, withholding, remittance and payment of the applicable taxes due on the total amount of the (room/reservation) price to the relevant tax authorities. Company is not liable or responsible for the remittance, collection, withholding or payment of the relevant taxes due on the (room/reservation) price to the relevant tax authorities. Company does not act as the merchant of record for any product or service made available on the Distribution Channels.
b. Company at its sole discretion reserves the right to not to accept any customer order without assigning any reason thereof. Any contract to provide any service by Company is not complete until full money towards the service is received from the customer and accepted by Company.
c. Without prejudice to the other remedies available to Company under this agreement, the Terms of Service or under applicable law, Company may limit the user's activity, or end the user's listing, warn other users of the user's actions, immediately temporarily/indefinitely suspend or terminate the user's registration, and/or refuse to provide the user with access to the website if:
i. The user is in breach of this agreement, the Terms of Service and/or the documents it incorporates by reference;
ii. Company is unable to verify or authenticate any information provided by the user; or
iii. Company believes that the user's actions may infringe on any third party rights or breach any applicable law or otherwise result in any liability for the user, other users of the website and/or Company.
d. Company may at any time in its sole discretion reinstate suspended users. Once the user have been indefinitely suspended the user shall not register or attempt to register with Company or use the website in any manner whatsoever until such time that the user is reinstated by Company.
e. Notwithstanding the foregoing, if the user breaches this agreement, the Terms of Service or the documents it incorporates by reference, Company reserves the right to recover any amounts due and owing by the user to Company and/or the service provider and to take strict legal action as Company deems necessary.
f. The User expressly undertakes to provide to Company only correct and valid information while requesting for any services under this agreement, and not to make any misrepresentation of facts at all. Any default on part of the User would vitiate this agreement and shall disentitle the User from availing the services from Company.
g. In case Company discovers or has reasons to believe at any time during or after receiving a request for services from the User that the request for services is either unauthorized or the information provided by the User or any of them is not correct or that any fact has been misrepresented by him, Company in its sole discretion shall have the unrestricted right to take any steps against the User(s), including cancellation of the bookings, etc. without any prior intimation to the User. In such an event, Company shall not be responsible or liable for any loss or damage that may be caused to the User or any of them as a consequence of such cancellation of booking or services.
h. The User unequivocally indemnifies Company of any such claim or liability and shall not hold Company responsible for any loss or damage arising out of measures taken by Company for safeguarding its own interest and that of its genuine customers. This would also include Company denying/cancelling any bookings on account of suspected fraud transactions.
IX. Limitation Of Liability And Indemnification
a. Subject to the limitations set out in these terms and conditions and to the extent permitted by law, we shall only be liable for direct damages actually suffered, paid or incurred by you due to an attributable shortcoming of our obligations in respect to our services, up to an aggregate amount of the aggregate cost of your reservation as set out in the confirmation email (whether for one event or series of connected events).
b. However and to the extent permitted by law, neither we nor any of our officers, directors, employees, representatives, subsidiaries, affiliated companies, distributors, affiliate (distribution) partners, licensees, agents or others involved in creating, sponsoring, promoting, or otherwise making available the site and its contents shall be liable for (i) any punitive, special, indirect or consequential loss or damages, any loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim, (ii) any inaccuracy relating to the (descriptive) information (including rates, availability and ratings) of the Service Provider as made available on our Distribution Channels, (iii) the services rendered or the products offered by the Service Provider or other business partners, (iv) any (direct, indirect, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, pursuant to, arising out of or in connection with the use, inability to use or delay of our Distribution Channels, or (v) any (personal) injury, death, property damage, or other (direct, indirect, special, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, whether due to (legal) acts, errors, breaches, (gross) negligence, willful misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or (wholly or partly) attributable to the Service Provider or any of our other business partners (including any of their employees, directors, officers, agents, representatives or affiliated companies) whose products or service are (directly or indirectly) made available, offered or promoted on or through the Distribution Channels, including any (partial) cancellation, overbooking, strike, force majeure or any other event beyond our control.
c. The User agrees to indemnify, defend and hold harmless Company and/or its affiliates, their websites and their respective lawful successors and assigns from and against any and all losses, liabilities, claims, damages, costs and expenses (including reasonable legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Company and/or its affiliates, partner websites and their respective lawful successors and assigns 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.
d. The user shall be solely and exclusively liable for any breach of any country specific rules and regulations or general code of conduct and Company cannot be held responsible for the same.
a. To the extent permitted by law, these terms and conditions and the provision of our services shall be governed by and construed in accordance with laws of India and any dispute arising out of these general terms and conditions and our services shall exclusively be submitted to the competent courts in Ernakulam, Kerala, India.
b. If any provision of these terms and conditions is or becomes invalid, unenforceable or non-binding, you shall remain bound by all other provisions hereof. In such event, such invalid provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and you will at least agree to accept a similar effect as the invalid, unenforceable or non-binding provision, given the contents and purpose of these terms and conditions.
c. The User represent and confirm that the User is of legal age to enter into a binding contract and is not a person barred from availing the Services under the laws of India or other applicable law.
d. Our Service is made available for personal and non-commercial use only. Therefore, you are not allowed to resell, deep-link, use, copy, monitor (e.g. spider, scrape), display, download or reproduce any content or information, software, reservations, tickets, products or services available on our Distribution Channels for any commercial or competitive activity or purpose.
e. 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, feminine and neuter form. 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.
f. 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, terms and conditions, notices, or the right to use this website by the User contained herein or any other section or pages of Distribution Channels or its partner websites or any provision hereof in any manner whatsoever.
g. None of the provisions of any agreement, terms and conditions, notices, or the right to use the Distribution Channels by the User contained herein or any other section or Distribution Channels or its partner Distribution Channels, shall be deemed to constitute a partnership between the User and Company and no party shall have any authority to bind or shall be deemed to be the agent of the other in any way.
h. Company reserves the right to change the terms, conditions, and notices under which the Company websites are offered, including but not limited to the charges. The User is responsible for regularly reviewing these terms and condition.