TERMS & CONDITIONS
PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR MAKING A RESERVATION YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
Express Consent
Your use of this website is subject to the following Terms and Conditions along with the Privacy Policy and all other policies listed on the website under various captions and headings. The terms contained herein as well as those stated under various headings on the website, form an agreement regulating your relationship with Gala Hospitality Private Limited with regard to the use of its services, by you. By accessing, viewing, browsing, caching, storing and / or otherwise using our website or any of our services, applications, contents, functions through whatever platform (hereafter collectively referred to as the "website") and/or by completing a reservation, you acknowledge and agree to have read, understood and agreed to the terms and conditions set out below (including the Privacy Policy) and agree to be bound by them with all applicable laws and regulations.
Eligibility
The use of Website and/or Application is available only to individuals and entities that can form legally binding contracts under applicable law. By accessing or using the Website and/or Application you represent and warrant that you are legally eligible.
Amendments
Qwiksta reserves the right, at its sole discretion, to amend/ modify the Website (including but not limited to the Services and content present therein) or to amend these Terms & Conditions, at any time and without prior notice. Qwiksta also reserve the right to suspend or discontinue any aspects of the Website or Service at any time without prior information and without being liable for any direct or indirect loss as a result of such action. Your continuance in using the Website would be considered as an acknowledgement for acceptance of the modified Website or Services including these Terms & Conditions.
Use of website
You may only use this website to make genuine and valid reservations . You may not use this website to make any fraudulent, false and exploratory reservation. You will be financially liable for all uses of this website. You will be responsible to keep your passwords, login and account information in confidentiality. You confirm and undertakes that the registration data, information/data provided or uploaded onto the Website/ Application by the User: (a) shall not be false, inaccurate, misleading or incomplete; or (b) shall not be fraudulent or involve the use of counterfeit or stolen Credit Cards; or (c) shall not infringe any third party's intellectual property, trade secret or other proprietary rights or rights of publicity or privacy; or (d) shall not be defamatory, libelous, unlawfully threatening or unlawfully harassing; or (f) shall not contain any viruses. Indemnification You agree to indemnify and hold harmless Qwiksta, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of Services, violation of these Terms of Use, or infringement, or infringement by any other user of his/her/its account, of any intellectual property or other right of any person or entity. Qwiksta will notify you promptly of any such claim, loss, liability, or demand, and in addition to your foregoing obligations, you agree to provide us with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
Limitation of Liability
In no event will Qwiksta be liable to any person for any direct, indirect, incidental, special, exemplary or consequential damages of an type whatsoever related to or arising from this website or any use of this website or of any website or resource linked to, referenced or accessed through this website. This exclusion and waiver of liability applies to all causes of action, whether based in contract, warranty, tort or any other legal theories.
Intellectual Property
All information, content and material contained in the Website or Services including but not limited to trademarks, copyrights, patents and designs and all other forms of proprietary and nonproprietary information provided by you or Qwiksta in facilitating the services is the sole intellectual property of Qwiksta. All trademarks, services marks, trade names, and trade dress are proprietary to Qwiksta. No information, content or material from the Website and / or
Services may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without Qwiksta's express written permission.
Third Party Links
The Website may contain links to third-party websites or resources. You acknowledge and agree that Qwiksta is not responsible or liable for correctness or accuracy of information available on such websites. Any links to such websites or resources would only be for information purpose only. Qwiksta shall not be responsible for any risk arising from your use of any such websites or resources or the content, products or services available on such websites or resources. The user of Website is requested to verify the accuracy of all information on their own before undertaking any reliance on such
information of such websites or resources.
Feedback
Qwiksta encourages you to provide feedback, comments and suggestions for improvements to the Site and Services ("Feedback"). Submission of Feedback may be made by emailing us at support@qwiksta.com
General
Force Majeure: Gala Hospitality Private Limited will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott. Cessation of Operation: Gala Hospitality Private Limited may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and distribution of the Products. Entire Agreement: This Agreement comprises the entire agreement between you and Gala Hospitality Private Limited and supersedes any prior agreements pertaining to the subject matter contained herein. Effect of Waiver: The failure of Gala Hospitality Private Limited to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
Governing Law & Jurisdiction: This Website originates from Mumbai. This Agreement will be governed by the laws of the State of Mumbai without regard to its conflict of law principles to the contrary. Neither you nor Gala Hospitality Private Limited will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in State of Mumbai. By using this Website or ordering Products, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents. Waiver of Class Action Rights: by entering into this agreement, you hereby irrevocably waive any right you may have to join claims with those of other in the form of a class action or similar procedural device. Any claims arising out of, relating
to, or connection with this agreement must be asserted individually. Termination: Gala Hospitality Private Limited reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and Gala Hospitality Private Limited may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products. If your access to the Website is terminated, Gala Hospitality Private Limited reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website. This Agreement will survive indefinitely unless and until Gala Hospitality Private Limited chooses, in its sole discretion and without advance to you, to terminate it. Domestic Use: Gala Hospitality Private Limited makes no representation that the Website or Products are appropriate or available for use in locations outside India. Users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws. Assignment: You may not assign your rights and obligations under this Agreement to anyone. Gala Hospitality Private Limited may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.
BY USING THIS WEBSITE OR MAKING A RESERVATION FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
