This website www.wowvillas.in ("Website") is owned and operated by Wow Villas Pvt. Ltd, incorporated under the laws of India, having its registered place of business at Antariksh Thakur House, 402, Makwana Rd, Marol, Andheri East, Mumbai, Maharashtra 400059. Your use of the Website is an acknowledgment that you have reviewed the Terms and Conditions and agree to comply with and be legally bound thereby. These terms and conditions govern your access to and use of the Website and the Services. If you do not agree to these terms and conditions, you must refrain from using the Website and Services.
By using this Website you hereby acknowledge and agree that Wow Villas is not a villa/guest house/any other accommodation owner and has no control over the conduct or behavior of the Channel Partner or the quality, fitness, or suitability of the services provided by Channel Partner. Wow Villas disclaims any and all liabilities in this regard.
This User Agreement along with Terms of Service (collectively, the “User Agreement”) forms the terms and conditions for the use of services and products of WOW VILLAS (“WOW VILLAS”).
Any person (“User”) who inquiries about or purchases any products or services of WOW VILLAS through its websites, mobile applications, salespersons, offices, call centers, branch offices, franchisees, agents, etc. (all the aforesaid platforms collectively referred to as “Sales Channels”) agree to be governed by this User Agreement. The websites and the mobile applications of WOW VILLAS are collectively referred to as ‘Website’. Both User and WOW VILLAS are individually referred to as ‘Party’ and collectively referred to as ‘Parties’ to the User Agreement.
Terms of Service” available on WOW VILLAS website details out terms & conditions applicable on various services or products facilitated by WOW VILLAS The User should refer to the relevant Terms of Service applicable for the given product or service as booked by the User. Such Terms of Service are binding on the User.
2. ELIGIBILITY TO USE
The User must be at least 18 years of age and must possess the legal authority to enter into an agreement so as become a User and use the services of WOW VILLAS. If you are a minor or are below the age of 18 years, you shall not register as a User of the Website and shall not transact on or use the Website.
As a minor, if you wish to use or transact on the Website, such use or transaction shall only be made by a person of legal contracting age (legal guardian or parents). We reserve the right to terminate your membership and/or block access to the Website if it is discovered that you are a minor or incompetent to contract according to the law or any information pertaining to your age entered at the time of the creation of the account is false.
Before using the Website, approaching any Sales Channels, or procuring the services of WOW VILLAS, the Users shall compulsorily read and understand this User Agreement, and shall be deemed to have accepted this User Agreement as a binding document that governs User’s dealings and transactions with WOW VILLAS. If the User does not agree with any part of this Agreement, then the User must not avail WOW VILLAS services and must not access or approach the Sales Channels of WOW VILLAS.
All rights and liabilities of the User and WOW VILLAS with respect to any services or product facilitated by WOW VILLAS shall be restricted to the scope of this User Agreement.
All content provided through various Sales Channels, including but not limited to audio, images, software, text, icons, and such similar content (“Content”), are registered by WOW VILLAS and protected under applicable intellectual property laws. User cannot use this Content for any other purpose, except as specified herein.
User agrees to follow all instructions provided by WOW VILLAS which will prescribe the way such User may use the Content.
There are a number of proprietary logos, service marks, and trademarks displayed on the Website and through other Sales Channels of WOW VILLAS, as may be applicable. WOW VILLAS does not grant the User a license, right, or authority to utilize such proprietary logos, service marks, or trademarks in any manner. Any unauthorized use of the Content will be in violation of the applicable law.
WOW VILLAS respects the intellectual property rights of others. If you notice any act of infringement on the Website, you are requested to send us a written notice/ intimation which must include the following information;
Clear identification of such copyrighted work that you claim has been infringed;
· Location of the material on the Website, including but not limited to the link of the infringing material;
· The proof that the alleged copyrighted work is owned by you;
· Contact information;
The Website is meant to be used by bonafide User(s) for a lawful use.
User shall not distribute exchange, modify, sell or transmit anything from the Website, including but not limited to any text, images, audio, and video, for any business, commercial or public purpose.
The User Agreement grants a limited, non-exclusive, non-transferable right to use this Website as expressly permitted in this User Agreement. The User agrees not to interrupt or attempt to interrupt the operation of the Website in any manner whatsoever.
Access to certain features of the Website may only be available to registered User(s). The process of registration may require the User to answer certain questions or provide certain information that may or may not be personal in nature. Some such fields may be mandatory or optional. The user represents and warrants that all information supplied to WOW VILLAS is true and accurate.
WOW VILLAS reserves the right, in its sole discretion, to terminate the access to the Website and the services offered on the same or any portion thereof at any time, without notice, for general maintenance or any other reason whatsoever.
WOW VILLAS will always make its best endeavors to ensure that the content on its websites or other sales channels are free of any virus or such other malware. However, any data or information downloaded or otherwise obtained through the use of the Website or any other Sales Channel is done entirely at the User’s own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that may result from the download of such data or information.
WOW VILLAS reserves the right to periodically make improvements or changes in its Website at any time without any prior notice to the User. User(s) are requested to report any content on the Website which is deemed to be unlawful, objectionable, libelous, defamatory, obscene, harassing, invasive to privacy, abusive, fraudulent, against any religious beliefs, spam, On receiving such report, WOW VILLAS reserves the right to investigate and/or take such action as the Company may deem appropriate.
5. BOOKINGS BY TRAVEL AGENTS
Except with the prior registration with WOW VILLAS as B2B agents, priority partner or a franchisee, and explicit permission of WOW VILLAS to use the Website, all travel agents, tour operators, consolidators, or aggregators (“Travel Agents”) are barred from using this Website for any commercial or resale purpose. If any such bookings are detected, WOW VILLAS reserves the right, including without limitation, to cancel all such bookings immediately without any notice to such travel agents and also to withhold payments or any refunds thereto. WOW VILLAS shall not be held liable for any incidental loss or damage that may arise from the bookings made by any person through such Travel Agents. The liability in case of such cancellations
All discounts and offers mentioned on the Website are applicable only to the User(s) of WOW VILLAS for legitimate bookings shall be solely borne by such Travel Agents.
6. LIMITED LIABILITY OF WOW VILLAS
Unless WOW VILLAS explicitly acts as a reseller in certain scenarios, WOW VILLAS always acts as a facilitator by connecting the User with the respective service providers like villas, bungalows, cottages, camp site, dorms, etc. (collectively referred to as “Service Providers”). WOW VILLAS liability is limited to providing the User with a confirmed booking as selected by the User.
Any issues or concerns faced by the User at the time of availing any such services shall be the sole responsibility of the Service Provider. WOW VILLAS will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches, or negligence on part of any Service Provider.
Unless explicitly committed by WOW ROOMS Pvt. Ltd as a part of any product or service:
WOW VILLAS assumes no liability for the standard of services as provided by the respective Service Providers.
· WOW VILLAS provides no guarantee with regard to their quality or fitness as represented.
· WOW VILLAS doesn’t guarantee the availability of any services as listed by a Service Provider.
By making a booking, User understands WOW VILLAS merely provides a technology platform for booking of services and products and the ultimate liability rests on the respective Service Provider and not WOW VILLAS. Thus the ultimate contract of service is between User and Service Provider.
7. FORCE MAJEURE
There can be exceptional circumstances where WOW VILLAS and/or the Service Providers may be unable to honor the confirmed bookings due to various reasons like an act of God, labor unrest, insolvency, a pandemic, an epidemic, business exigencies, government decisions, terrorist activity, any operational and technical issues, route and flight cancellations, etc. or any other reason beyond the control of WOW VILLAS. If WOW VILLAS has advance knowledge of any such situations where dishonor of bookings may happen, it will make its best efforts to provide a similar alternative to the User or refund the booking amount after deducting applicable service charges, if supported and refunded by that respective service operators. The User agrees that WOW VILLAS being merely a facilitator of the services and products booked, cannot be held responsible for any such Force Majeure circumstance. The User has to contact the Service Provider directly for any further resolutions and refunds.
The User agrees that in the event of non-confirmation of booking due to any technical reasons (like network downtime, disconnection with third-party platforms such as payment gateways, banks, etc.) or any other similar failures, WOW VILLAS obligation shall be limited refunding the booking amount, if any, received from the customer. Such refund shall completely discharge WOW VILLAS from all liabilities with respect to that transaction. Additional liabilities, if any, shall be borne by the User.
In no event shall WOW VILLAS and be liable for any direct, indirect, punitive, incidental, special, or consequential damages, and any other damages like damages for loss of use, data, or profits, arising out of or in any way connected with the use or performance of the Website or any other Sales Channel.
8. ADVERTISERS ON WOW VILLAS, AND LINKED WEBSITES
The Website may contain links to third-party websites. WOW VILLAS does not control such websites and is not responsible for its contents. If a User accesses any third-party website, the same shall be done entirely at the User’s risk and WOW VILLAS shall assume no liability for the same.
WOW VILLAS is not responsible for any errors, omissions, or representations on any of its pages, links, or any linked website pages to the extent such information is updated or provided directly by the Service Providers or the advertisers.
WOW VILLAS does not endorse any advertisers on its Website, or any linked sites in any manner. The Users are requested to verify the accuracy of all information provided on the third-party web pages.
The linked sites are not under the control of WOW VILLAS and hence WOW VILLAS is not responsible for the contents of any linked site(s) or any further links on such site(s), or any changes or updates to such sites. WOW VILLAS is providing these links to the Users only as a convenience.
9. RIGHT TO REFUSE
WOW VILLAS at its sole discretion reserves the right to not accept any booking without assigning any reason thereof.
WOW VILLAS will not provide any service or share confirmed booking details till such time the complete consideration is received from the User.
In addition to other remedies and recourse available to WOW VILLAS under this User Agreement or under applicable law, WOW VILLAS may limit the User’s activity, warn other users of the User’s actions, immediately suspend or terminate the User’s registration, or refuse to provide the User with access to the Website if:
The User is in breach of this User Agreement; or
· WOW VILLAS is unable to verify or authenticate any information provided by the User; or
· WOW VILLAS 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 WOW VILLAS itself.
Once a user has been suspended or terminated, such User shall not register or attempt to register with WOW VILLAS with different credentials, or use the Website in any manner whatsoever until such User is reinstated by WOW VILLAS. WOW VILLAS may at any time in its sole discretion reinstate suspended users.
If a User breaches this User Agreement, WOW VILLAS reserves the right to recover any amounts due to be paid by the User to WOW VILLAS and to take appropriate legal action as it deems necessary.
The User shall not write or send any content to WOW VILLAS which is, or communicate with WOW VILLAS using language or content which is:
Abusive, threatening, offensive, defamatory, coercive, obscene, belligerent, glorifying violence, vulgar, sexually explicit, pornographic, illicit or otherwise objectionable;
· contrary to any applicable law;
· violates third parties’ intellectual property rights;
· a spam.