Introduction
HIPAR Hotel Management System by Seawind Solution Private Limited. (“HIPAR”) http://www.hipar.in Site / Application (the “Site / Application”). HIPAR makes the Site / Application and any services made available from the Site / Application (“Services”) available subject to the following terms and conditions of use (“Terms”).
HIPAR represent software on cloud based platform also called as application, by name of HIPAR.
Here, “HIPAR”, “HIPAR’s” OR “Seawind Solution Private Limited” is referred to as “we”, “US”, “our” and the end users are referred to as “you”, “your”, “user”, OR “users”. For the purposes of this Agreement, “you” means you, the person using the Site / Application, and, if applicable, the person that agrees to the Terms in this document when registering on the Site / Application. You and any persons that uses the Services, are sometimes referred to in this Agreement as the “User.”
In the case of inconsistencies between these Terms and information on the Site / Application and included in off-line materials (e.g., promotional materials and mailers), these Terms will always govern and take precedence. To the extent that this Agreement contradicts or is inconsistent with any signed written agreement between you or your company for Services, the terms and conditions of such signed written agreement will always govern and take precedence.
Please read the Terms carefully as they contain the legal terms and conditions of an agreement (“Agreement”) that you agree to abide to and are bound by when you access and/or use the Site / Application.
By accessing any page on the Site / Application or using Services, you agree to be bound by all the Terms of all sections which contain provisions applicable to all users of the Site / Application, including casual visitors and trial period users. If you choose to register on the Site / Application, you must also read and agree to be bound by the Terms set forth in this document. When using the system pressing the “Login” button and accessing the system binds you to the conditions of this document.
Terms Applicable to All Users of the Site / Application and Registered Users
Liability
Availability
HIPAR uses reasonable efforts to ensure that the Site / Application are available. However, there will be occasions when access to the Site / Application will be interrupted or unavailable. HIPAR will use reasonable commercial efforts to minimize such disruption where it is within the reasonable control of HIPAR. You agree that HIPAR shall not be liable to you for any modification, suspension or discontinuance of the Site / Application. You are responsible for obtaining access to the Site / Application and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the Site / Application.
HIPAR does not take your operations responsibility in any manner and does not give assurance of smooth operations.
External Links
From time to time HIPAR may provide links that will take you to third party web Site / Applications. These links are provided for your convenience only. If you decide to access linked web Site / Applications you do so at your own risk. HIPAR does not endorse or take responsibility for the content on other web Site / Applications or the availability of other web Site / Applications and you agree that HIPAR is not liable for any loss or damage that you may suffer by using other web Site / Applications.
User Content
By posting or providing any User Content (Information or data that you have entered on site / application), you represent that you have all required rights and permissions to do so. You are entirely responsible / liable for all User Content and HIPAR will not be liable for any such User Content. The Information / data that you have entered are accurate and you are liable for any inaccurate data in whatsoever manner. HIPAR does not claim ownership rights in any User Content. You agree to indemnify and hold HIPAR harmless for any violation of this provision.
Limitation of Liability
You acknowledge, by your use of the Site / Application that your use of the Site / Application, including any software or other materials on the Site / Application, and any reliance upon it, is at your sole risk. You agree that, to the fullest extent permitted by applicable law, under no circumstances shall Seawind Solution Private Limited. or its officers, directors, shareholders, parents, subsidiaries, affiliates, agents or licensors, or any third party provider of data or information, be liable for any consequential, indirect, incidental, special or punitive damages, loss of business revenue, lost profits, or loss of data, whether in an action under contract, negligence or any other theory, arising out of your use of or inability to use the services or the Site / Application, or your reliance on any advice, information, or content on the Site / Application or provided as part of the services, even if Seawind Solution Private Limited. or any related party has been advised of the possibility of such damages. You agree that Seawind Solution Private Limited shall have no liability for any user content. You specifically acknowledge that down-time, loss of content, and computer viruses are risks inherent in the use of the internet and software products, and you agree to assume responsibility for any harm or damages of any kind or character whatsoever resulting from these possible harms. You also specifically acknowledge that you may be disclosing sensitive, private and confidential content about yourself in your use of the Site / Application and you agree to assume responsibility for any harm or damages of any kind or character whatsoever resulting from your release of such content.
If you are dissatisfied with the Site / Application, or with any of these terms, or feel Seawind Solution Private Limited, has breached these terms your sole and exclusive remedy is to discontinue using the Site / Application and the services. The total liability of Seawind Solution Private Limited, to you for any claim arising from or relating to these terms or use of the Site / Application shall not exceed the greater of either the amount paid by you for the services in question or one hundred dollars (us$100) total. It is the intention of us and you that this provision be construed by a court as being the broadest limitation of liability consistent with applicable law.
Some jurisdictions do not allow the limitation or exclusion of incidental, consequential or other types of damages, so some of the above limitations may not apply to you.
Trademarks
All brand, product and service names used on the Site / Application which identify HIPAR, the Site / Application and any Services are proprietary marks of Seawind Solution Private Limited. All brand, product and service names used in the Services which identify third parties and their products and services are proprietary marks of such third parties. Nothing on the Site / Application shall be deemed to confer on any person any license or right on the part of HIPAR or any third party with respect to any such image, logo or name.
Ownership and Copyright
You acknowledge and agree that the Site / Application and the information contained in it are owned by Seawind Solution Private Limited only and/or its third party content providers (“Content Providers”), and are protected by international copyright and other intellectual property laws. You further acknowledge and agree that the Site / Application contains confidential and proprietary data and information of HIPAR and its Content Providers, that you will not use this data or information for any unlawful or unauthorized purpose, and that you will use reasonable efforts to keep such data and information confidential. Each Content Provider is a third party beneficiary under this Agreement to the extent required to enable it to enforce its proprietary rights in the data and the applicable use restrictions in this Agreement. Seawind Solution Private Limited has the absolute right to terminate your access or exclude you from the Site / Application if you use the Site / Application or Services to violate the intellectual property rights or other rights of third parties. You agree to indemnify and hold Seawind Solution Private Limited harmless for any violation of this provision.
Amendment of Terms
We reserve the right to amend any Terms and condition agreed by you from time to time with or without notice. Your continued use of the Site / Application constitutes acceptance of any amendments, additions, or modifications to this Agreement.
You agree that HIPAR retains the right to amend these Terms and condition and the Site / Application, including service offerings and prices at any time, for any reason, and with or without notice, and the right to terminate the Site / Application or any part of the Site / Application. You agree to review the posting of this Agreement at https://www.hipar.in periodically to be aware of such changes. Your continued use of the Site / Application constitutes acceptance of any amendments, additions, or modifications to this Agreement. Any amendments or modifications made by HIPAR shall be prospective only. You will be bound by all such modifications, whether or not you have notice thereof. If you continue to use the Services once you have been notified of the changes to these Terms, you will be deemed to have accepted those changes.
Privacy Policy
Registration data and certain other information about you, is subject to our Privacy Policy. For more information, see our Full privacy policy that through your use of the Site / Application, you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to other countries for storage, processing, and use by HIPAR and its affiliates.
Contact
HIPAR is owned and managed by Seawind Solution Private Limited.
Address
Any questions, comments or suggestions, including any report of violation of this Agreement should be provided to the Administrator as follows:
E-mail : info@hipar.in
Contact No : 079 65247365
Registration
In consideration of your access to the Site / Application and/or use of the Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of INDIA or other applicable jurisdictions. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Services registration form (such information being the “User Data”) and (b) maintain and promptly update the User Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or HIPAR has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, HIPAR has the right to suspend or terminate your access to the Site / Application and refuse any and all current or future use of the Services (or any portion thereof). To register as a User you must be 18 years or older.
Site / Application License
Subject to these Terms, HIPAR grants you a personal, limited, revocable, non-exclusive and non-transferable license to use the Site / Application, including but not limited to the right to use, but not to reproduce or distribute, any materials made generally available to all other Users of the Site / Application (“Materials”). This license is exclusive to you and you may not sublicense the use of the Site / Application or Materials or provide, disclose, distribute, transfer, or otherwise make available the Site / Application or the Materials to any individuals or entities that HIPAR has not specifically authorized to receive access to the Site / Application. You may not remove or modify any notice of confidentiality, trade secret, trademark or copyright encoded or embodied in the Site / Application or the Materials or displayed by, on, or in the Site / Application. You may use the Site / Application only while these Terms remain in effect. Under no circumstances shall you have any rights of any kind in or to the Site / Application after any termination or expiration of this Agreement for any reason.
HIPAR grants you access to the site / application for the period only for which user have paid for. In case, you fail to make payment as per the pricing listed on website, HIPAR may assess a late payment charges upto 2% on unpaid amount each month up to the maximum that is permitted by law.
User Conduct
The Service may include information, views, opinions and recommendations of individuals and organizations of interest to Users and the software community. We assume no responsibility for the accuracy, currency, completeness or usefulness of information in any Material and we do not endorse any opinions or recommendations posted by registered Users. You should exercise discretion and skepticism before relying on information in messages or submissions, since it may be incorrect or misleading. If you rely on information posted by other Users you do so solely at your own risk. We do not review, screen or edit “comments” posted by users. Nonetheless, we reserve the right to monitor, not to post or remove any information transmitted or received through the Site / Application or the Service, or to terminate your access and use of the Service, at any time, without notice, in our sole discretion. It is Users responsibility to bring violations of the Terms of Service to our attention, although we do not guarantee any action based on such information.
You agree that you will not use the Site / Application:
for any illegal purposes or submit, post, upload, or otherwise transmit any content through the Services (“User Content”) that is unlawful, defamatory, libelous, invasive of another’s privacy, abusive, threatening, harassing, vulgar, obscene, indecent or otherwise objectionable;
to submit, post, upload or otherwise transmit any User Content that infringes or otherwise violates the rights of any third party, including without limitation privacy rights, fiduciary rights and proprietary rights; to submit, post, upload or otherwise transmit User Content that contains viruses, corrupted files, or any other similar software or programs that may damage the operation of other computer;
to advertise or offer to sell any goods or services or use the Site / Application or Materials for any commercial purpose; for the transmission of or to conduct, display, or forward surveys, contests, pyramid schemes, junk mail, “Spam,” chain letters or other similar communications;
to impersonate, or otherwise misrepresent your affiliation with, any other person or entity;
to falsify or delete any attributions, legends, or other proprietary designations of the origin or source of any content appearing on the Site / Application or contained in a file that is uploaded;
Collect or store personal data about other users; or violate any applicable local, state, federal, or international law or regulation;
to Provide false information on your registration form, or impersonate someone else.
Third Party Software and Linking
Although we may make software, hyperlinks, and other products of third-party companies available to you, your use of such products is subject to the respective terms and conditions imposed by the third party owning, manufacturing or distributing such products, and the agreement for your use will be between you and such third party. HIPAR makes no warranty with regard to the products or webSite / Application of any other entity. Seawind has no control over the content or availability of any third-party software or webSite / Application. In particular, (a) HIPAR makes no warranty that any third-party software you download or webSite / Application you visit will be free of any contaminating or destructive code, such as viruses, worms or Trojan horses and (b) HIPAR notifies you that it is your responsibility to become familiar with any webSite / Application’s privacy and other policies and terms of service, and to contact that Site / Applications webmaster or Site / Application administrator with any concerns.
Confidentiality & Disclosure (Sharing and usage of information)
You understand that HIPAR may access and disclose information or otherwise provide access to third parties for the following reasons and/or condition:
1. Upon request by authorize person from your end with prior written notice,
2. Upon request by government authorities to follow a court order, subpoena, complaint or any other legal manner
3. HIPAR do not manipulate any of the user data in any manner.
Suspension and Termination of Access and Membership
HIPAR reserves the right to suspend or terminate your access to and/or use of the Site / Application and remove and discard any User Content at any time, with or without notice, for any reason, including but not limited to the following: Breach of these Terms, including policies or guidelines set forth by HIPAR elsewhere; Conduct that HIPAR believes is harmful to other users of HIPAR or the business of HIPAR or other third party information providers.
Further, you agree that HIPAR shall not be liable to you or any third party for any termination of your access to the Site / Application. HIPAR reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that HIPAR shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site / Application or the Services.
HIPAR, at its sole discretion may delete user content within (30) thirty days of termination of this agreement.
Disclaimer Warranty
The content and/or materials available through the Site / Application are provided on an “as is” and “as available” basis and without warranties of any kind either express or implied. Including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement. In particular, HIPAR makes no warranty that its Site / Application, including the services, will be uninterrupted, timely, secure, or error free, that this Site / Application or our server is free of viruses or other harmful components, that the Site / Application, including the services will be available, or that data entered are secure from unauthorized access. HIPAR makes no warranty regarding any software, goods, services, promotions, or the delivery of any software, goods or services, purchased, accessed or obtained through the Site / Application or advertised through the HIPAR Site / Application. No advice or information given by HIPAR, its employees or affiliates shall create a warranty.
Disclaimers
You acknowledge that, as part of the services, you may be provided opinions, statements, recommendations, and information from third party individuals and organizations. HIPAR does not endorse or make any representations as to the accuracy, timeliness, completeness or credibility of any such opinion, statement, recommendation or other content contained in, uploaded to, or distributed through the services. You acknowledge that you will rely on any such opinions, statements, recommendations, information, and content solely at your own risk. The Site / Application and services are provided to you “as is” with no warranty. To the maximum extent permitted by law, HIPAR and its suppliers, disclaim all representations and warranties, express or implied, with respect to the Site / Application and the services, and all information derived from the Site / Application and the services, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, quality, accuracy, title, non-infringement, and implied warranties arising from course of dealing or course of performance. In addition, although HIPAR intends to take reasonable steps to prevent the introduction of viruses or other destructive materials to the services, HIPAR does not warrant that the Site / Application, the services or content contained in them will be uninterrupted or error free, or that any information or other material accessible through the services is free of errors, viruses, worms, Trojan horses, or other harmful components. Some jurisdictions do not allow the exclusion of certain warranties, so the above exclusions may not apply to you. In that case, any implied warranties will end sixty (60) days after you first use the Site / Application. However, some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. You may have other legal rights that vary from country to country.
Indemnification
You agree to indemnify and hold HIPAR, and its subsidiaries, affiliates, officers, agents, co-branders, other partners, employees and other Users, harmless from any claim or demand, including reasonable attorney fees, made by any third party due to or arising out of User Content, your use of the Services, your connection to the Services, your violation of these Terms, or your violation of any rights of another.
General
Applicable Law and Jurisdiction
Your use of the Site / Application and Service is subject to all applicable local, state, national and international laws and regulations.
No Resale of Services. You agree not to reproduce, duplicate, copy, sell trade, resell or exploit for any commercial purposes, any portion of the Services, use of the Services, or access to the Services.
Independent Contractors, No joint venture, partnership, employment, or agency relationship exists between you and Seawind Solution Private Limited as a result of this Agreement or use of the Services.
Complete Agreement; Governing Language. This License constitutes the entire agreement between you and HIPAR relating to the use of the HIPAR Software and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by HIPAR. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern, to the extent not prohibited by local law in your jurisdiction.
Seawind Solution Private Limited. will be not liable hereunder by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labour conditions, earthquakes, material shortages or any other cause which is beyond Seawind Solution Private Limited reasonable control.
Jurisdiction: Subject to Ahmedabad, Gujarat, INDIA Jurisdiction only
Waiver
The failure of Seawind Solution Private Limited to enforce any right or provision in this Agreement will not constitute a waiver of such right or provision unless acknowledged and agreed to by Seawind Solution Private Limited in writing.
Entire Agreement. This Agreement constitutes the entire agreement between you and Seawind Solution Private Limited. and governs your use of the Site / Application, superseding any prior agreements between you and Seawind Solution Private Limited. 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.