The terms and conditions set out below apply to your use of this web site and related websites, 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 accept these Conditions, you must refrain from using the Site. These Conditions must be read in conjunction with any other applicable terms and conditions governing the use of the Site and which may be incorporated, added, amended, supplemented any time herein after and/or which already stands incorporated.
Syncrooms is a Booking Engine and Channel Manager dedicated to tourist accommodations (hotels, residences, etc…), for implementing the real-time online bookings originated on the owner’s website. This system offers to the owners of the lodging facilities the possibility of configuring the booking schedules and various tariffs plans for the online bookings.
Note: The services offered by Syncrooms are characterized by a continually evolving technology.
Syncrooms reserves the right to bring modifications to the services offered at its own discretion and at any time as deemed necessary, and whenever the technology changes; these modifications would be involving the services and the way these services are offered to the client, our goal being a continual improvement and optimization of the services provided.
The use of the online booking software and its integration into the lodging’s website is done by enabling a link that will be provided at the moment of the registration and of the configuration of the said website.
Syncrooms will create a page for online booking for each subscriber. It would not be necessary to ever again modify, or install additional software.
- HOTEL RESERVATION:
The reservations feature of the Site is provided solely to assist customers in determining the availability of travel related services and products and to make legitimate reservations and for no other purpose.
You warrant that you are at least 18 years of age, possess the legal authority to enter into the legal agreement constituted by your acceptance of these Conditions and to use the Site in accordance with such Conditions.
You agree to be financially responsible for your use of the Site including without limitation for all reservations made by you or on your account for you, whether authorized by you or not. 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.
The Site contains details of hotel charges and room rates (including any available special offers) for hotels and resorts owned or managed by Syncrooms
Hotel reservation terms and conditions of booking are set out on the Site and payment will be in accordance with the procedure set out in such terms and conditions.
No contract will subsist between you and Syncrooms or any of its affiliates in respect of any services or products offered through the Site unless and until Syncrooms accepts your order by e-mail or automated confirmation through the Site confirming that it has accepted your reservation, booking or order and any such contract shall be deemed to incorporate the hotel reservation terms and conditions of booking. Any other relevant terms and conditions relating to particular services or products are set out in the Site.
You undertake that all details you provide to in connection with any services or products which may be offered by Syncrooms on the Site (including hotel room reservations) will be correct and, where applicable, the credit card which you use is your own and that there are sufficient funds to cover the cost of any services or products which you wish to purchase. Syncrooms reserves the right to obtain validation of your credit card details before providing you with any services or products.
- BOOKING SYSTEM:
Bookings are made completely online through a secure SSL server, based on the data previously entered in the system by the lodging facility which is assuming total responsibility for the accuracy of information.
The customer and the lodging facility are the only parts in the contract; each part will receive a confirmation of the booking in real time by e-mail.
Evidently, Syncrooms does not act as an intermediary; it is only providing the software allowing the online booking.
- CHANNEL MANAGER:
The channel manager is a system used for linking and updating of the online booking portal, in regard to the availability and prices.
Although Syncrooms provides this service using reliable technologies and maintains a constant monitoring and updating system, it should be noted that the services are characterized by evolving technology; the lodging facility is required to ensure the proper updating of its own portals. Syncrooms is not responsible for any overbooking or for the owner’s failure of updating the portals.
- CREDIT CARDS:
Note that when booking online no payment is made; the Credit Card is being used exclusively as a means to guarantee the online booking. The credit card is checked only in regard to the validity for the given set of numbers. Syncrooms does not guarantee the authenticity of the said credit card stored in its servers and encrypted and it cannot be decrypted by Syncrooms in accordance with CSI-SPA safety standards.
The subsequent charging of the customers’ credit card is fully the responsibility of the lodging facility.
Not acting as an intermediary Syncrooms is completely relieved of any disputes between the lodging facility and its customers.
- TERMINATION OF ACCESS:
If you breach any of these Conditions your license to use the Site will terminate immediately without the necessity of any notice being given to you. Otherwise access to the Site may be terminated at any time by Syncrooms without notice. The provisions of these Conditions excluding, limiting and disclaiming the liability of Syncrooms will nevertheless survive any such termination.
- SPECIFIC WARNINGS:
You must ensure that your access to and your use of the Site is not illegal or prohibited by laws which apply to you. You must take your own precautions that the process which you employ for accessing the Site does not expose you to the risk of virus, malicious computer code, computer program routine or process or other forms of interference which may damage your own computer system.
Without limitation, you are responsible for ensuring that your own computer system meets all relevant technical specifications necessary to use the Site and is compatible with the Site. For the removal of doubt, Syncrooms does not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of the Site or any Linked Web Site.
Syncrooms does not guarantee or warrant that any material available for downloading from the Site or any Linked Web Site will be free from any virus, infection or other condition which has contaminating or destructive properties. You are responsible for taking sufficient precautions and checks to satisfy your own particular requirements for accuracy of data input and output.
You must ensure that any information which you provide to Syncrooms is accurate and complete and does not contain any virus, malicious computer code, computer program routine or process or other form of interference which may damage the computer system of Syncrooms or the Information or which may detrimentally interfere with or surreptitiously intercept or expropriate any Syncrooms system, data or information.
- GOVERNING LAW & JURISDICTION:
These Conditions are governed by the laws in force in India and you agree to submit to the exclusive jurisdiction of the courts at Hyderabad only.
Syncrooms may periodically update this policy. We will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in your product primary account holder account or by placing a prominent notice on our site. Such notice will be given at least 3 days in advance of the date the new policy will be applied.
In the event any provision in these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall be enforceable to the fullest extent permitted by applicable law and the unenforceable portion shall be deemed to be severed from these Terms and Conditions and shall not affect the validity and enforceability of any other provisions
Each Party will, during the Term and on its expiry or Termination maintain strict confidentiality of all information received pursuant to or as a consequence of the License which is not and has not become public knowledge and will not disclose any of the same except to its employees who need to know the same for the purpose of these Terms and Conditions and will procure that such employees shall maintain the same in strict confidence and shall not use the same for any purpose except the performance of their duties under these Terms and Conditions
The Licensee may subscribe to a Monthly Subscription Plan (as defined below) or an Annual Subscription Plan (as defined below) or a term mutually agreed upon between the Licensor and Licensee (“Subscription”).
This License Agreement and the license granted hereunder shall become effective from the date on which the License is initiated in accordance with the terms hereunder (“Effective Date”) and shall continue in terms of these Terms and Conditions unless terminated in accordance with the same.
- If the Licensee opts for a Monthly Subscription Plan (as defined below), then the License will initiate on the date on which a confirmation e-mail is received by the Licensee upon acceptance of these Terms and Conditions and will be subject to timely monthly payment being made by the Licensee. In respect of the first month, pro-rata Subscription Fees shall be paid by the Licensee based on the number of days in such month during which the License would be available for use of the Licensee. After the first month, the Licensee shall be required to make payment of the monthly Subscription Fees by the first day of every month (in respect of such month) and the License will be renewed only if such payment is made within the stipulated date (“Monthly Subscription Plan”). This is subject to the conditions for delayed payment stipulated in these Terms and Conditions.
2. In an Annual Subscription Plan (as defined below), each License Term shall begin on the date opted by the Licensee for initiation of License and expire twelve (12) months from the Effective Date (“Annual Subscription Plan”). Approximately thirty (30) days prior to the expiration of the License Term, Licensor shall notify Licensee of its opportunity to renew the Subscription Term.
3. Any renewal for an Annual Subscription Plan shall require mutual agreement and all applicable fees for such renewals will be at Licensor’s then-current rates. If the Licensor does not renew the License, the Licensee’s access to the Product will terminate at the end of the then-current License Term.
4. If the Licensee selects a Monthly Subscription Plan, the Licensee acknowledges, and agrees, that the License will be provided on a monthly billing cycle. A recurring billing charge will be automatically issued to the Licensee every billing period.
5.If the Licensee selects the Annual Subscription Plan, the Licensee acknowledges, and agrees, that the Product will be provided on a yearly billing cycle. A demand for payment will be automatically issued to the Licensee thirty (30) days prior to the expiry of such Annual Subscription Plan.
6. While subscribing to the Monthly Subscription Plan, the Licensee shall pay a month’s License Fees as advance payment. While subscribing to the Annual Subscription Plan, the Licensee shall pay an amount as agreed upon by the Licensor and the Licensee as advance payment.
7.The Licensor shall be entitled to increase the Subscription Fees at the start of each renewal term. However, the Licensor shall notify the Licensee of such revision in Subscription Fees, by giving a 15 (Fifteen) day notice to the Licensee.
All amounts and fees stated or referred to in these Terms and Conditions:
- shall be payable in INR;
- are non-cancellable and non-refundable;
- are exclusive of value added tax, GST, which shall be added to the Licensor’s invoice(s) at the appropriate rate.
RIGHTS AND COVENANTS OF LICENCE :
- Provide the Licensor with all necessary co-operation in relation to these Terms and Conditions;
- Comply with all applicable laws and regulations with respect to its activities under these Terms and Conditions;
- Carry out all responsibilities set out in these Terms and Conditions in a timely and efficient manner. In the event of any delay in the Licensee’s provision of such assistance as agreed by the Parties, the Licensor may adjust any agreed timetable schedule as reasonably necessary at its sole discretion;
- Obtain and maintain all necessary licences, consents, and permissions necessary for the Licensee, its contractors and agents to perform their obligations under these Terms and Conditions;
- Ensure that its network and systems comply with the relevant specifications provided by the Licensor from time to time;
- Be solely responsible for procuring and maintaining its network connections and telecommunications links from its systems to the Licensor’s data centres, and all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to the Licensee’s network connections or telecommunications links or caused by the internet;
- Be solely responsible for maintaining the confidentiality of its passwords. If the Licensee becomes aware of any unauthorized access to the Product, it shall notify the Licensor;
- Shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness and intellectual property ownership or right to use of all Licensee Data;
- In the event the Licensee is opting for booking engine services using the Product or for any services where integrated/electronic payments are involved, then:
- The Licensee shall register with the payment gateway(s)/enabler(s) which has been engaged by the Licensor for online payment services. The Licensee agrees to complete the obligations required to avail the services being provided by such payment gateway/enabler failing which, the Licensee shall not be permitted to utilise such services and cannot in any manner hold the Licensor liable for default in any service arising due to the same;
- The Licensee understands and agrees that the use of booking engine and other services shall be subject to the acceptance and registration of the Licensee with the payment gateway(s)/enabler(s) as may be required;
- The Licensee understands and agrees that all issues with regard to the services provided by Licensee to its customer(s) shall be the responsibility of Licensee and shall be liable for the same. The Licensor shall in no manner be held responsible;
- Licensee agrees to comply with all applicable rules, guidelines, instructions, requests and actions etc. made by the authorized Banks and/or Card Associations pertaining to online payments from time to time. The Licensee shall be responsible for any fines or penalties levied upon the Licensor for such non-compliance by Licensee;
- In the event of any loss suffered by the Licensor due to inability of the Licensee to refund any money to its customer(s), then the Licensee shall be liable to make good such loss to the Licensor;
- The Licensee shall provide customer support to its customers at all times including in relation to the services provided by the Licensee through the Product;
- The Licensee shall solely be liable for quality and efficiency and merchantability of the services provided by it to its customer(s);
- The Licensee shall obtain all licenses, approvals, registrations etc. in accordance with all laws, rules, regulations, guidelines in India for providing its services and also providing the facility of online payments;
- The Licensee shall not offer any services or products to its customer(s) which are illegal or offensive. The list of such services or products shall be circulated by the Licensor to the Licensee;
- The Licensee shall cooperate with the Licensor to improve the tracking and reporting of leads that are successfully converted.
- The Licensee agrees that it shall be responsible for all chargebacks incurred with regard to the payment related issues in accordance with the chargeback rules and guidelines issued by various Banks and Card Associations. The Licensee agrees and acknowledges that it shall in no manner hold the Licensor responsible for any such issue and shall indemnify the Licensor against any loss caused to the Licensor in this regard;
- In the event of refunds initiated by Banks and Card Associations or in the event additional amount is transferred in the account of the Licensee in relation to payment made by its customer(s), the Licensee agrees to cooperate with the Licensor to comply with its obligations and refund such amount within 5 (five) days of such request made by the Licensor. If the Licensee fails to pay such amount to Licensor, the Licensor has a right to settle such amounts through future transactions;
- The Licensee agrees and undertakes to be solely responsible for the payment of all the respective relevant taxes, surcharge etc. due upon the payments made by its customer(s) facilitated through payment gateway(s)/enabler(s);
- The Licensee shall ensure to keep confidential, all information submitted by its customer(s) on its website. The customer(s) shall not be required or asked to disclose any confidential or personal data which may be prejudicial to the interest of the customer(s). The information provided by the customer(s) shall only be used for completion of transaction and no other purpose;
- The License agrees to pay all taxes associated and levied for the Services pertaining to Djubo Fireball Program.
- The Parties agree and understand that in the event the Licensee requests (in writing) the Licensor for taking down, deletion or destroying any data belonging to the Licensee, and the Licensor deletes such data, then Licensee shall lose any claims that may arise out of or in relation to the work done by the Licensor or Services provided by the Licensor pertaining to the deleted data. The Licensee further ensures to indemnify the Licensor against any loss and damage that may be caused to the Licensor due to such request made by the Licensee.
SUSPENSION & TERMINATION
The Licensor may suspend or terminate the License upon occurrence of any of the events specified in this clause or elsewhere in this License Agreement.The License shall stand terminated upon expiry of the License if not renewed according to these Terms and Conditions. Either Party shall be entitled to terminate the License by giving a prior written notice of ninety (90) days to the other Party.
Notwithstanding anything to the contrary contained herein, the License may be terminated by the Licensor, without any prior notice and with immediate effect, if at any time:
- The Licensee fails to observe any of these Terms and Conditions;
- In the event of Licensee utilising booking engine, the Licensee is blacklisted by any payment gateway(s)/enabler(s);
- The Licensee is subject to any winding up, dissolution or other analogous proceedings.
Upon expiration or termination of these Terms and Conditions for any cause, the rights and obligations of the Parties under these Terms and Conditions shall (subject to the provisions herein) terminate, unless otherwise specified herein.
Any rights to terminate these Terms and Conditions shall be without prejudice to the other rights of the Parties and shall not preclude the non-defaulting Party from claiming damages or indemnity or other compensation/claim against the defaulting Party, unless otherwise specified herein.
Upon termination of License according to these Terms and Conditions, the Licensor shall:
- Cease to act or hold itself out as the Licensor of the Licensee, save in respect of unfulfilled Product for which it has, prior to such date, contracted with third parties
- Return to the Licensee (or as it directs) all data and information of the Licensee and all confidential information of the Licensee and copies thereof in its possession or control.
Upon termination or suspension of the License, the Licensee shall no longer be entitled to use the Product and the Licensor may disable the Licensee’s account and suspend the Licensee’s access to the Product. The Licensee covenants that upon termination of this License Agreement, it will immediately pay all amounts owed to the Licensor.