Terms and Conditions

Site Usage and Information Agreement

Terms & Conditions

PLEASE READ THESE TERMS AND CONDITIONS OF USE (“Terms and Conditions”)

CAREFULLY BEFORE USING THIS SITE

Introduction

This site belongs to Zostel Hospitality Private Limited. By using, accessing, viewing, transmitting, caching,

storing or

otherwise utilizing any of the services, contents, or functions of this site, you signify your

consent to these terms and conditions as set forth herein. The terms and conditions set out

below apply to your use of this web site and related web sites (“Site”), including the use of

the information services offered on the Site.

In accessing and using the Site, you agree to be bound by these Conditions so please

carefully read this section before proceeding. If you do not agree to these terms of use, you

must refrain from using the Site.

We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any

time. Please check these terms periodically for changes. All changes will become effective

immediately unless otherwise stated and you should check these terms for changes from

time to time.

Conditions

1. Use of Website

 The site is available only to individuals and entities that

can form legally binding contracts under applicable law.

The Site and the materials located on or through the Site are provided by us for

informational purposes only, with the understanding that we are by the provision of these

materials not engaged in the rendering of legal or other professional advice or service.

Commercial use of this site is strictly prohibited unless you obtain prior written consent from Zostel

Hospitality Private Limited. You may only use this site to make legitimate reservations or

purchases. You are responsible for maintaining the secrecy of your passwords, login and

account information. You will be financially accountable for all uses of the site by you and

anyone using your password and login information. The information contained in or through

the Site is based upon sources believed to be accurate and reliable; and we have exercised

reasonable care to assure the accuracy of the information. However, we make no

representation or warranty as to such accuracy. These materials were prepared for us by

personnel of our owned and managed hotels and others. We

do not guarantee that the Site will operate continuously or without interruption or be error

free. In addition, We may also suspend or discontinue any aspect of the Site at any time

without being liable for any direct or indirect loss as a result of such action.

2. Proprietary Rights Information

The Site contains and references of domain name, trademarks, logos, brand names, service

marks, drawings, illustrations, artwork, videos, music, sounds, photographs, trade names,

text, graphics, trade dress and devices and other valuable trade or service marks or files

found on this site are proprietary to Zostel Hospitality Private Limited are protected by the trademark,

copyright and intellectual property laws. You may not frame or utilize framing techniques to modify,

reproduce, sell, broadcast or copy any way whatsoever or in any form whatsoever, either

partially or fully any of our trademarks, logos, or proprietary information without the

express prior written consent of Zostel Hospitality Private Limited.

3. Restrictions on use of Materials

All materials contained in the Site are the copyrighted property of Zostel Hospitality Private Limited

 Any software that is made

available to download from this Site is the copyrighted work of Zostel Hospitality Private Limited

Your use of the Software is governed by the terms of the end

user license agreement, if any, which accompanies or is included with the Software. You

may not install or use any Software that is accompanied by or includes a License Agreement

unless You first agree to the License Agreement terms. No material from the Site or any

Internet site owned, operated, licensed, or controlled by us or our affiliates may be copied,

reproduced, republished, uploaded, posted, transmitted, or distributed in any way. For

purposes of these terms, the use of any such material on any other Web, except that you

may download one copy of the materials on any single computer for your personal, noncommercial

home use only, provided you keep intact all copyright and other proprietary

notices.

4. Submissions

Any messages, notes, suggestions, ideas, notes, drawings, concepts or other material or

information (collectively, the “Submissions”), which you may submit through or in

connection with the Site will become the exclusive property of us. Accordingly, you agree

that we have the right to publish any Submissions for any purpose whatsoever, commercial

or otherwise, without compensation to the provider of the Submissions. In addition, you

agree that you will not transmit any Submission which infringes upon the rights of any third

party.

5. Promotional Information

We may make information regarding specific programs, offers or promotions, which we are

conducting, available on the Sites. Any such program, offer or promotion is subject to the

specific terms, conditions and restrictions listed on the Site in connection with such

program, offer or promotion. We reserve the right to alter or withdraw any program, offer

or promotion at any such time. Each Program, offer and promotion is void where prohibited

by law. Please refer to and read carefully the terms, conditions and restrictions included on

the Sites in connections with each program, offer or promotion.

6. Links

We do not review or monitor web sites linked to this site and are not responsible for the

content of any such linked web sites. By providing these links, we are not endorsing,

sponsoring or recommending such sites or the materials disseminated by or services

provided by them, and are not responsible for the materials, services or other situations at

or related to or from any other site. Your linking to such web sites is at your own risk. In

addition, you agree not to link your web site or any other third party web site to any page of

this site other than the brand home page or the specific hotel home page (commonly known

as “deep linking”) without our prior express written consent. We reserve the right to disable

any and all links from third party sites to this site at any time. These other sites may send

their own cookies to users, collect data, solicit personal information, or contain information

that you may find inappropriate or offensive. In addition, advertisers on the Site may send

cookies to users that we do not control. We do not make or give any representation or

warranty (express or implied) of any kind as to any matter relating to the Site and any Linked Web Site,

including without limitation, as to merchantability, non infringement of

intellectual property rights or fitness for purpose.

7. Access and Interference

You will not use any robot, spider, other automatic device, or manual process to monitor or

copy the Site or the contents or information (including the Information) contained therein

without our prior express written consent. You agree that you will not use any device,

software or routine to interfere or attempt to interfere with the proper working of the Site or

any transaction being conducted through the Site. You agree that you will not copy,

reproduce, alter, modify, create derivative works, or publicly display any content (except for

any Information in which you have an ownership interest) from the Site without our prior

express written consent or the appropriate third party. The information (including the

Information) you provide to us (i) shall not contain any viruses, Trojan horses, worms, time

bombs, cancelbots or other computer programming routines that are intended to damage,

detrimentally interfere with, surreptitiously intercept or expropriate any system, data or

information; and (ii) shall not create liability for us or cause us to lose (in whole or in part)

the services of our ISPs or other suppliers.

8. Limitation of Liability

Neither us nor any of our subsidiaries, affiliates, agents, representatives or licensors shall

be responsible for any direct, indirect, special, incidental or consequential loss or damage,

punitive or similar damages including without limitation, loss or damage by way of loss of

profits, loss of business opportunity, business interruption or loss of information however

arising and whether in contract, tort or otherwise, which you or anyone else may suffer in

connection with or arising out of, however arising and whether in contract, tort or

otherwise, which you may suffer in connection with or arising out of your access or use or

your inability to access or use of the Site or any Linked Web Site; or your use of or reliance

on Information or any other material accessed through the Site including via any Linked

Web Site;

These Conditions do not purport to exclude liability arising by any applicable law if, and to

the extent, such liability cannot be lawfully excluded, however, to the extent permitted by

law, all warranties, terms or conditions which would otherwise be implied into these

Conditions are hereby excluded.

Where applicable law implies any warranty, term or condition, and that law prohibits

exclusion or modification of the application of or the liability of Zostel Hospitality Private Limited under,

any such warranty, term or condition, then the liability of Zostel Hospitality Private Limited shall include

liability for that warranty, term or condition but such liability will be limited for a breach of

that warranty, term or condition, if the breach relates to services, the supply of the services

again or payment of the cost of having the services supplied again; and if the breach relates

to products and the products can be repaired, repair of such products or payment of the

costs of having the products repaired, but otherwise, replacement of the products or the

supply of equivalent products or payment of the cost of replacing the products or of

acquiring equivalent products.

We are not responsible for, and shall have no liability for: (i) telephone, mobile, electronic,

network, internet, computer, hardware or software program malfunctions, delays, or

failures; (ii) for any injury, loss or damage to your computer or interception or use of credit

card information, related to or resulting from use of the site or any sites, services, or

materials linked or relating thereto; (iii) any incorrect information, whether caused by other

users or by any of the equipment, software, or programming associated with or utilized in

the site or as the result of technical or human error which may occur in the processing of

information regarding the site.

9. Disclaimers

ELECTRONIC TRANSMISSIONS, INCLUDING THE INTERNET, ARE PUBLIC MEDIA, AND ANY

USE OF SUCH MEDIA IS PUBLIC AND NOT PRIVATE. INFORMATION RELATED TO OR

ARISING FROM SUCH USE IS PUBLIC, OR THE PROPERTY OF THOSE COLLECTING

INFORMATION, AND NOT PERSONAL OR PRIVATE INFORMATION.

YOU AGREE THAT YOU USE THE SITE AT YOUR OWN RISK. THE CONTENT, SERVICES AND

MATERIALS IN THE SITE ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS

WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND EXPRESS, IMPLIED OR

STATUTORY. WE DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR

ENDORSEMENTS REGARDING THE ACCURACY, RELIABILITY, USEFULNESS OR

COMPLETENESS OF THE SERVICES, CONTENT OR MATERIALS IN THE SITE OR ANY SITE

LINKED TO IT. TO THE MAXIMUM EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW,

WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,

IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,

TITLE, NONINFRINGEMENT, DESIGN, ACCURACY, CAPABILITY, SUFFICIENCY, SUITABILITY,

CAPACITY, COMPLETENESS, AVAILABILITY, COMPATIBILITY OR ARISING FROM COURSE OF

DEALING OR COURSE OF PERFORMANCE. WE DO NOT WARRANT THAT THE SITE OR THE

SERVICES, CONTENT, MATERIALS OR FUNCTIONS CONTAINED IN THE SITE WILL BE

CONTINUOUSLY AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE

CORRECTED, OR THAT THE SITE, SERVICES, CONTENT, MATERIALS OR THE SERVERS THAT

MAKE THE SITE OR SUCH SERVICES, CONTENT AND MATERIALSAVAILABLE ARE FREE OF

VIRUSES OR OTHER HARMFUL COMPONENTS OR ARE ACCURATE OR COMPLETE. WE DO

NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS

OF THE USE OF THE SERVICES, CONTENT, MATERIALS, FUNCTIONS OR PRODUCTS

AVAILABLE THROUGH THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY,

RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY

SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED

WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. In the

event we are held liable for any damages related to such matters, your sole and exclusive

remedy will be limited to reimbursement for services or products paid by you to the entity

held liable which were not provided by such entity. You hereby waive any and all rights to

bring any claim or action related to such matters in any forum beyond one (1) year after the

first occurrence of the kind of act, event, condition or omission upon which the claim or

action is based.

We explicitly disclaim any responsibility for the accuracy, content, or availability of

information found on sites that link to or from the Site. We cannot ensure that you will be

satisfied with any products or services that you purchase from the Site or from a third-party

site that links to or from the Site or third party content on the Site. We do not endorse any

of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of,

any of the information contained in such third-party sites or content. We do not make any

representations or warranties as to the security of any information (including, without

limitation, credit card and other personal information) you might be requested to give any

third party, and you hereby irrevocably waive any claim against the Indemnified Parties with

respect to such sites and third party content. We strongly encourage you to make whatever

investigation you feel necessary or appropriate before proceeding with any online or offline

transaction with any of these third parties.

The Indemnified Parties are not responsible for telephone, electric, electronic, network,

Internet, computer, hardware or software program malfunctions, failures, delays or

difficulties, or late, lost, stolen, illegible, incomplete, garbled, misdirected, mutilated or

postage due mail, e-mail, form postings, connections, messages or entries, or the security

of any and all such matters.

Further, the Indemnified Parties are not responsible for incorrect or inaccurate entry

information, whether caused by Internet users or by any of the equipment or programming

associated with or utilized in the Site or by any technical or human error which may occur in

the processing of any information related to the Site.

If for any reason any portion of the Site is not capable of running as planned, including

infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical

failures, or any other causes beyond the reasonable control of HWI which corrupt or affect

the administration, security, fairness, integrity, or proper conduct of the Site, we reserve

the right (but not the obligation) in our sole and absolute discretion, to prohibit you and any

member, buyer or supplier (and all of your and their Information) from using the Site, and

to cancel, terminate, modify or suspend the Site or any portion thereof and void such

Information.

You also agree that the Indemnified Parties are not responsible or liable in any way for

injury, loss or damage to your computer or interception or use of credit card information,

related to or resulting from use of the Site or any sites, services or materials linked or

related thereto or therefrom and also are not responsible or liable in any way for any injury,

loss, claim or damage relating to or resulting from any part of the Site operating or not

operating on computers or networks used by you or communicating with such computers or

networks.

To the extent we list or link to third party products or services, our site acts as the venue

for suppliers to sell products and services (or, as appropriate, solicit offers to buy) and

buyers to purchase such products and services. We are not involved in the actual

transaction between buyers and suppliers. As a result, we have no control over the quality, safety or

legality of the items advertised, the truth or accuracy of the listings, the ability of

suppliers to sell items or the ability of buyers to buy items. We cannot ensure that a buyer

or supplier will actually complete a transaction.

We do not control the information provided by other users which is made available through

the Site. You may find other user's information to be offensive, harmful, inaccurate, or

deceptive. Please use caution and common sense when using the Site. Please note that

there are also risks of dealing with foreign nationals, underage persons or people acting

under false pretense.

Although we intend that product descriptions contained in the Site be current and accurate,

we make no warranty or representation that descriptions of products in the Site are

accurate, complete, current, or reliable in any or all respects. In the event that a product

described in the Site is not as described, your sole remedy is to return it in unused condition

in accordance with the suppliers' return policy.

NO ORAL ADVICE OR WRITTEN CORRESPONDENCE OR INFORMATION PROVIDED BY US OR

ANY OF THE INDEMNIFIED PARTIES WILL CREATE A WARRANTY OF ANY KIND AND USERS

SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. WE RESERVE THE RIGHT, IN

OUR SOLE AND ABSOLUTE DISCRETION AND WITHOUT NOTICE, TO CORRECT ANY ERRORS

OR OMISSIONS IN ANY PORTION OF THE SITE, OR TO DENY ACCESS TO THE SITE TO

ANYONE AT ANY TIME. NEITHER WE NOR ANY OF THE INDEMNIFIED PARTIES, SHALL HAVE

ANY LIABILITY ARISING FROM YOUR RELIANCE UPON THE INFORMATION PROVIDED ON

THE SITE.

The Site may contain technical inaccuracies or typographical errors or omissions. Lemon

Tree Hotels is not responsible for any typographical, photographic, technical or pricing

(including without limitation mistaken hotel rates) errors listed on our Site.

We reserve the right to cancel or modify reservations where it appears that a customer has

engaged in fraudulent or inappropriate activity or under other circumstances where it

appears that the reservations contain or resulted from a mistake or error.

10. Governing Law & Jurisdiction

The products and/or services described in and available through the Site may not be

available in your country. We make no representation that the services or products offered

in the Site are appropriate or available for use in any particular location. Those who choose

to access the Site do so on their own initiative and are responsible for compliance with local

laws, if and to the extent local laws are applicable. If use of the Site and/or viewing or use

of any material or content therein or services offered thereby violates or infringes any

applicable law in your jurisdiction(s), you are not authorized to view or use the Site and

must exit immediately;

Any disputes arising out of or related to the Site shall be governed by and constructed and

enforced in accordance with, the laws of India and you shall submit to the exclusive

jurisdiction of the courts of New Delhi (INDIA).11. Indemnification

You agree to indemnify and hold Zostel Hospitality Private Limited and its subsidiaries, affiliates, officers,

directors, agents and employees harmless from any claim or demand, including reasonable

attorney’s fees, made by any third party due to or arising out of your breach of this

agreement or the documents it incorporates by reference, or your violation of any law or the

rights of a third party. Zostel Hospitality Private Limited’s failure to act with respect to breach by you or

others does not waive its rights to act with respect to subsequent or similar breaches.

12. Termination

These terms are effective until terminated by either party. You may terminate these terms

at any time by discontinuing use of the Site and destroying all materials obtained from any

and all such sites and all related documentation and all copies and installations thereof,

whether made under the terms of this Agreement or otherwise. Your access to the Site may

be terminated immediately without notice from us if in our sole and absolute discretion you

fail to comply with any term or provision of this Agreement. Upon termination, you must

cease use of the Site and destroy all materials obtained from such site and all copies

thereof, whether made under the terms of this Agreement or otherwise. Notwithstanding

the termination of this Agreement, you acknowledge and agree that those rights and

obligations which by their nature are intended to survive the termination of this Agreement

in order to be fully operative, shall survive the termination of this Agreement including,

without limitation, the provisions hereof: (i) Restrictions on Use of Materials; (ii)

Submissions; (iii) Disclaimers; (iv) Indemnification; (v) Limitations of Liability; and (xi)

Governing Laws & Jurisdiction.

13. General

These Terms and Conditions together with Zostel Hospitality Private Limiteds Privacy Policy, constitute

the

entire agreement between the parties relating to the use of this Site. If any provision of

these Terms and Conditions is deemed void, unlawful, or unenforceable for any reason, then

that provision shall be severed from the rest of the terms and conditions and shall not affect

the validity and enforceability of any of the remaining provisions. Zostel Hospitality Private Limited may

revise these terms and conditions at any time by updating the positing and such changes

shall be effective immediately unless otherwise indicated.

No agency, partnership, joint-venture, franchisee-franchisor, or employee-employer

relationship is created by these Terms and Conditions or the use of the Site.