Terms & Conditions

Introduction:

This website and the related websites contained herein (collectively, the “Site”) make available information on hotels, resorts, and other transient stay facilities (each a “Property”) owned, managed, or franchised by Dom Carlos Resort, and other travel‐related or consumer goods and services. The Site, and the services of each of its modules, are offered exclusively by Dom Carlos Resort. The terms and conditions set out below (“Conditions”) apply to your use of the Site including the use of the information services offered on the Site. In accessing, using, viewing, transmitting, caching, or storing this Site or any of its services, functions, materials, or contents, you shall be deemed to have agreed to each and all the Conditions and notices in this Site without modification. Further, 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.

Site:

The Site makes available information relating to hotels and resorts owned or managed by “Carlmont Developers”, a company constituted under the laws of India.

Trademarks:

The Site contains the name, trade and service marks, logos, devices of “Dom Carlos Resort”, and other valuable trade and service marks owned by Dom Carlos Resort or licensed to Dom Carlos Resort to distinguish its services and products (collectively referred to as “Dom Carlos Resort Property”). Dom Carlos Resort 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 Dom Carlos Resort. Without limitation, you must not use any of the said trade or service marks, either alone or in conjunction or combination or variation with other trade and service marks, logos, and devices:

• In or as the whole or part of your own trademarks.

• In connection with activities, products, or services which are not undertaken or provided by Dom Carlos Resort.

• In a manner that may be confusing, misleading, or deceptive; or

• In a manner that disparages Dom Carlos Resort or its information, products, or services (including the Site). Nothing contained on the Site should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any of the trademarks without the written permission of Dom Carlos Resort or such other party that may own the trademarks.

Copyright the Site, including each of its modules, is the copyrighted property of Dom Carlos Resort and/or its various third-party providers and distributors. The information, text, graphics, images, photographs, videos, sounds, links, and all other information and software published or otherwise contained in the Site (“Information”) are either owned exclusively by Dom Carlos Resort or licensed by Dom Carlos Resort and except as specifically provided in these Conditions may not be copied, distributed, displayed, reproduced or transmitted, in any form or by any means whether electronic, mechanical, photocopying, recording, or otherwise, without the prior written approval of Dom Carlos Resort. Without limitation you may not, without such approval from Dom Carlos Resort, create derivative works from any part of the Site or commercialize any information, products, or services obtained from any part of the Site. Information procured from a third party may be the subject of copyright owned by that third party. Unauthorized use of the Site and/or the materials contained on the Site may violate applicable copyright, trademark, or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials. The use of such materials on any other website or in any environment of networked computers is strictly prohibited.

The Site is for your personal non‐commercial use and the Information may be downloaded or printed by you solely for that purpose. You may only use the Site if you are at least 18 (eighteen) years of age and can enter into binding contracts (the Site is not available for use by minors). 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 right to use the Information is a license only, not a transfer of title, and is subject to the following restrictions:

• The information may not be used for any commercial purpose or public display, performance, sale, or rental

• No copyright or other proprietary notices may be removed:

• The information may not be transferred to another person;

• Software may not be interfered with in any manner.

• Every person downloading, reproducing, or otherwise using the Information must prevent any unauthorized copying of the Information.

You will only use the information for lawful purposes and in accordance with these Conditions. In addition, you agree that you will not use a robot, spider, another automatic device, or manual process to monitor or copy our web pages or the content contained herein, without the prior written consent of Dom Carlos Resort (such content is deemed given for standard search engine technology employed by internet search web sites to direct internet users to the Site).

Information:

Dom Carlos Resort strives to ensure that the information is accurate and reliable. You accept that all Information provided on the Site or any other material accessed through the Site including via any Linked Wed Site (refer to Linked Web sites) is general information and is not in the nature of advice. You also accept that all of the Information is provided on an “as is” basis and to the extent permitted by law, is provided without any warranty, representation, or condition of any kind whether express, implied, statutory, or otherwise. You assume all responsibility and risk for your use of or reliance upon Information and the Site or any other material accessed through the Site including via any Linked Web Site. Whilst Dom Carlos Resort seeks to ensure that the Information is reliable and accurate, errors and omissions may occur, and therefore, to the extent permitted by law, Dom Carlos Resort does 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. In particular, Dom Carlos Resort does not warrant that:

• The Information or any other material accessed through the Site including via any Linked Web Site is reliable, accurate, or complete including, without limitation, information relating to prices and availability.

• Your access to Information or any other material accessed through the Site including via any Linked Web Site will be uninterrupted, timely or secure. Dom Carlos Resort is not liable for any loss (direct or indirect) resulting from any action taken or reliance made by you on the Information or any other material accessed through the Site including via any Linked Web Site. You should make your own inquiries and seek independent professional advice before acting or relying on any such information or material. Dom Carlos Resort may from time-to-time update, modify, or add to the Information, including these Conditions, and absolutely reserves the right to make such changes without any obligation to notify past, current or prospective users of the Site. Unless otherwise specified to the contrary all new Information shall be subject to these Conditions. Dom Carlos Resort does not guarantee that the Site will operate continuously or without interruption or be error-free. Dom Carlos Resort may 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.

Liability Disclaimer & Exclusion:

In no event shall Dom Carlos Resort be responsible for any direct, indirect, special, incidental, or consequential loss or damage, however arising and whether in contract, tort, or otherwise, which you may suffer in connection with or arising out of

• Your use of the Site or any Linked Web Site.

• Your use of or reliance on Information or any other material accessed through the Site including via any Linked Web Site including without limitation, loss or damage by way of loss of profits, loss of business opportunity, business interruption, or loss of information. 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 any such warranty, term, or condition, then the liability of Dom Carlos Resort shall include liability for any breach of such warranty, term, or condition but, to the extent permitted by law, the remedy for such breach will be limited as follows:

• If the breach is related to services the remedy will be limited to the supply of the services again or payment of the cost of having the services supplied.

• If the breach is related to products and the products can be repaired the remedy will be limited to the 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. The limitation of liability applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis even if we have been advised of the possibility of such damage. If you are dissatisfied with the use of the Site, or any of the products, services, members, suppliers, and/ or buyers offered in connection therewith or associated therewith, as the case may be, your sole and exclusive remedy shall be to discontinue use of the Site.

Specific Warnings:

You must ensure that your access to and your use of the Site is not illegal or prohibited by laws that apply to you. You must take your own precautions that the process you employ for accessing the Site does not expose you to the risk of viruses, corrupted data, worms, or other instructions or design that would erase data or programming or cause the Site or any equipment or system to become inoperable or incapable of being used in the full manner for which it was designed, or be subjected to malicious computer code, computer program routine or process or other forms of interference which may damage your computer system. Without limitation, you are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use the Site and is compatible with the Site. For the removal of doubt, Dom Carlos Resort does not accept responsibility for any interference or damage to your computer system which arises in connection with your use of the Site or any Linked Web Site. You are responsible for taking sufficient precautions and checks to satisfy your own particular requirements for the accuracy of data input and output. You must ensure that any information which you provide to Dom Carlos Resort is accurate and complete and does not contain any virus, malicious computer code, computer program routine or process, or another form of interference that may damage the computer system of Dom Carlos Resort or the Information or which may detrimentally interfere with or surreptitiously intercept or expropriate any Dom Carlos Resort system, data or information.

Linked Websites:

The Site may contain links to other websites (“Linked Web Sites”). Those links are provided for convenience only. Dom Carlos Resort provides such links solely as a convenience to you and for information purposes only. Dom Carlos Resort has not reviewed all of the information on these other websites. You acknowledge and agree that Dom Carlos Resort does not have any control over the content or availability of Linked Web Sites and accepts no responsibility for the content, privacy practices, or any other aspect of Linked Web Sites. Links with Linked Web Sites should not be construed as an endorsement, approval, or recommendation by Dom Carlos Resort of the owners or operators of those Linked Web Sites, or of any information, graphics, materials, products, or services referred to or contained on those Linked Web Sites, unless and then only to the extent expressly stipulated to the contrary. If you decide to access the Linked Web Sites, you do so at your own risk.

Hotel reservations 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 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 use the Site in accordance with such Conditions. You agree to supervise all usage by minors of this Site under your name or account. You also warrant that all information supplied by you or members of your household in using this Site is true and accurate and without limitation, or any false or fraudulent reservations. 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 money 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 Dom Carlos Resort. 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. You agree that you will make only legitimate reservations in good faith for use by you and your invited guests only, and not for other purposes, including without limitation, reselling, impermissibly assigning or posting on third-party websites, or making speculative, false, or fraudulent reservations, or any reservation in anticipation of demand. No contract will subsist between you and Dom Carlos Resort or any of its affiliates in respect of any services or products offered through the Site unless and until Dom Carlos Resort 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 on the Site. Dom Carlos Resort reserves the right to obtain validation of your credit card details before providing you with any services or products.

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 Dom Carlos Resort without notice. The provisions of these Conditions excluding, limiting, and disclaiming the liability of Dom Carlos Resort will nevertheless survive any such termination.

You agree to indemnify and defend and hold us and our subsidiaries, affiliates, officers, directors, agents, and employees harmless from any claim or demand, 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. Dom Carlos Resort’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.