Namami Health Retreat and A Wellness Sanctuary, through the website http://namamihealth.com , seeks to provide our guests an ergonomic interface providing all information necessary for you to plan a healing get away with us. This website provides information regarding the well curated health programmes, educational programmes and details of accommodation at the retreat offered exclusively by Namami Health Retreat and A Wellness Sanctuary.
The terms “Namami Health Retreat”, “us”, “our” and “we” used throughout the terms and conditions refers to Namami Health Retreat and A Wellness Sanctuary and its affiliates only, used for convenience
The Terms and Conditions apply to the use of this website. By accessing, using, downloading and transmitting the information and by availing the services provided in the website you agree to abide by the Terms and Conditions. If any of the following conditions are not acceptable, then we request you to refrain from using the website.
This Terms and Conditions constitutes an agreement and is governed by provisions of indian law including and not limited to:
- The Indian Contract Act, 1872,
- The Information Technology Act, 2000, and
- The rules, regulations, guidelines and clarifications framed there under, including the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”).
Any amendments and revisions to the terms and conditions will be updated in the site regularly. Your use of the website subsequent to such revisions constitute your agreement to follow and be bound by the terms and conditions so modified. So please make sure to read the following carefully before accessing the website.
- THE WEBSITE:
The website http://namamihealth.com is wholly owned and operated by Namami Health Retreat. We reserve the right to make any changes to the contents of the website or to the services provided through the website.
- CONDITIONS OF USE:
- You must be 18 years or older to access, register and use the facilities provided through the website. By accessing the website, you automatically represent and warrant to us that you are 18 years of age or older and have the legal capacity to abide to this agreement.
- The site is for non- commercial use only and any information accessed or downloaded through the website shall be used solely for the non-commercial purposes.
- You are responsible for maintaining the secrecy of your passwords, login and account information. You will be financially accountable for all uses of the website by you or by anyone using your password and login information.
- CONTENTS OF THE WEBSITE:
- The site may contain certain technical or typographical errors and inaccuracies. We take recurrent efforts to rectify and update the same from time to time. However, we assume no responsibility or liability for such errors, inaccuracies, or omissions. Namami Health Retreat shall have the right not to honour reservations or information affected by such errors, inaccuracies, or omissions.
- Namami Health Retreat and its partners do not provide or make any representation, warranty, or guarantee, expressed or implied, about the website or its services. We do not guarantee the accuracy or completeness of any content or information provided by users on the website. To the fullest extent permitted by law, we disclaim all liability arising out of the user’s use or reliance upon the website or the services, representations and warranties made by other users, the content or information provided by the users on the website, or any opinion or suggestion given or expressed by us or any user in relation to any user or services provided by such user.
- The website may contain links to other web sites on the Internet and certain actions on the Site may result in redirecting to specific advertisings from third parties, including information that may be displayed in other windows or in third party websites. The inclusion of these links in no way indicates Namami Health Retreat’s endorsement, support, or approval of such websites, such website’s content, products, or services, or the operators of any such website. We undertake no obligation to review or monitor any websites linked to or from the website. Your use of any such website is at your own risk and subject to the Terms and Conditions of such websites. We are not responsible for the content, products, services, or practices of third-party sites.
- If the information provided by you through our website or application is determined to be fraudulent, your access to the website or any registered account with Namami Health Retreat may be suspended. Further you shall also be liable to indemnify any loss suffered by us as a result of such fraudulent feedbacks or misrepresentation.
- TERMINATION OF ACCESS TO THE WEBSITE
Namami health retreat reserve the right to terminate your access to the website on the following conditions:
- If there is any breach of the terms and conditions of use;
- If the information provided by you through our website or application is determined to be fraudulent or unverified by us;
- If the information provided in the website is used for any commercial purposes or public display, performance, sale or rental;
- If there has been any unauthorised use of intellectual property or the information provided in the website;
- If there is any reasonable ground to suspect any illegal, fraudulent or abusive activity on the part of the user.
Once the access is suspended (permanently or temporarily) or terminated, the user will be unable to use the website using the same account, any different account or a new account. The user shall not have access to any information, data, messages or other materials stored on the website.
- All Reservations made through our website or application must be legitimate and in good faith of use for you or your invite guests only. It shall not be used for any other purposes such as reselling, posting on third party websites or any fraudulent purposes. All reservations are subject to our cancellation policy. Please review the same before the reservation process.
- For any reservations or other services for which fees may be charged you agree to abide by the terms or conditions of supply including without limitation payment of all moneys due under such terms or conditions. All reservations must be guaranteed with valid payment mechanisms approved by us. All other requirements such as payment of deposit shall be informed at the time of reservation.
- We reserve all rights to cancel the reservations made. Please refer to our cancellation policy before making reservations.
- MEDICAL SERVICES:
- During the course of your stay with us, you may engage with various medical service providers like doctors, diagnostics lab, pharmacy etc. Namami Health Retreat will not be liable for any inconvenience suffered by the guests for cancellation or delay of appointments made with the service providers. Namami Health Retreat will not be liable for any other medical eventualities or outcomes suffered by the guests subsequent to usage of such services.
- The information provided on the website relating to our health and education programmes is for the sake of information only. We shall not be held liable for any decision or action taken by you in reliance to such information.
- ONLINE PAYMENT:
The website allows you to avail our services on online payment through a third-party payment gateway. Such transactions will be governed by the terms and conditions of the third-party payment gateway.
Namami Health Retreat will not be liable for the following:
- Failure to complete the transaction;
- Failure on the part of bank or credit card or payment gateway to perform their obligations;
- any loss or damage directly or indirectly arising out of the decline or acceptance of authorization for any transaction, for any reason whatsoever.
- INTELLECTUAL PROPERTY
- The website contains the name, logo, trademark, service marks and copyrighted modules owned by us or licensed to us. The Intellectual Property is protected from copying and simulation under national and international laws and may not be reproduced, copied or otherwise used in any manner whatsoever, on any material whether tangible or intangible, without the express prior written permission and consent of Namami Health Retreat.
- The users acknowledge and agree that they shall not upload, post, reproduce, or distribute any content on or through the website that is protected by copyright or other proprietary right of a third party, without obtaining the permission of the owner of such right. Carve out on limitation of liability.
- Any unauthorised use or distribution of the trademark or copyrighted material is illegal and will incite personal liability on the user. Nothing on the website should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any trademarks without our written permission.
- With respect to all communications made on or through the Site including feedback, questions, comments and suggestions.
- No right of confidentiality shall apply to such the Communications and we shall have no obligation to protect the Communications from disclosure. Such communications shall be free to be used for, and not limited to, any developmental or marketing purposes.
- Namami Health Retreat is not responsible for communication failures, errors, difficulties, or other malfunctions or for any for any incorrect information associated with any transaction or transmission on or to the website regardless of whether such incident is the result of user error, system error, or human error.
- LIMITATION OF LIABILITY:
Namami health retreat and wellness sanctuary shall not be liable for any direct or indirect consequences resulting from:
- The use or the inability to use the services;
- Unauthorized access to or alteration of the user’s transmissions or data;
- Any other matter relating to the services; 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 our website.
- Delay or failure to access services through the website periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond our control.
We do not guarantee that the any material downloaded from the site is free from malware or viruses. We advise you to take necessary precautions. You are responsible for taking sufficient precautions and checks to satisfy your own particular requirements for accuracy of data input and output.
By accepting the terms and conditions you agree to indemnify and defend and hold Namami Health Retreat, its affiliates, partners, executives, employees, consultants, licensors, agents and representatives from any and all third-party claims, losses, liability, damages, and/or costs (including any reasonable attorney fee) arising from the user’s breach of this agreement, or infringement of any law or the rights of a third party, including infringement of any intellectual property or other right of any person or entity.
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
If any part of these Terms & Conditions is unenforceable, the unenforceable part shall be construed to reflect, as nearly as possible, the original intentions of the parties. All other provisions of these Terms & Conditions shall remain in full force and effect.
Any failure from the part of Namami Health Retreat to enforce the strict performance of any of the provisions of this terms and conditions shall not to construed as the waiver of the provision or our right to enforce it, unless such waiver is received in writing and signed by us. Such waiver once obtained, shall not be applicable for any subsequent or different act or breach. No dealing, conduct or trade practices between the user and us shall be deemed as to modify the applicability of the provisions of this terms and conditions.
- GOVERNING LAW AND JURISDICTION
Any contractual obligation between Namami Health Retreat and the user will be governed by the substantive and procedural laws of the republic of india.
The courts at Ernakulam, State of Kerala, India shall have the jurisdiction to deal with any disputes arising out of any provision related to this agreement.