Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE. THIS IS A BINDING AGREEMENT. BY ACCESSING AND CONTINUING TO USE THE SITE, YOU AGREE TO EACH AND EVERY ONE OF THESE TERMS AND CONDITIONS. PLEASE DO NOT USE THE SITE IF YOU DO NOT AGREE TO EACH AND EVERY ONE OF THESE TERMS AND CONDITIONS.
Akasa Wellness Solutions with its office at Chandigarh, India, and its subsidiaries (collectively, “Akasa”, “Akasa Wellness Solutions”, “we”, “our” or “us”) provide various websites and apps available to visitors located throughout the world. Our websites and apps include without limitation, this website and other consumer facing platforms operated under our brands, including www.akasa.in and our apps (collectively, our “sites”).
The content and information displayed on the sites are Akasa Wellness Solutions property and are collectively referred to as “Akasa”, “Akasa Wellness Solutions”, “we”, “our” or “us”. The downloading, reproduction, or re-transmission of Akasa Wellness Solutions Information, other than for non-commercial individual use, is strictly prohibited, except to the extent permitted with prior written consent by Akasa Wellness Solutions or by travel agents for business-only purposes in accordance with the Travel Agent section below.
Use of Site
The services of the sites are available only to individuals who can form legally binding contracts under applicable law, and thus, are not available to minors. By using the sites, you represent that you are of sufficient legal age to use the sites and to create binding legal obligations for any liability you may incur as a result of the use of the sites. You also warrant that you are legally authorized to make the travel reservations and purchases for either yourself or for another person for whom you are authorized to act.
The sites are to be used by you for your personal use only. You agree that you will not use the sites for chain letters, junk mail, "spamming", solicitations (commercial or non-commercial) or bulk communications of any kind including but not limited to distribution lists to any person who has not given specific permission to be included in such a list. In addition, you agree not to create a hypertext link from any web site controlled by you or otherwise, to the sites without the express written permission of Akasa. You agree not to pretend to be any other person or a representative of any entity, whether actual or fictitious, including an employee or agent of Akasa or any third party that provides services related to the sites.
We reserve the right, at our discretion, to change and or modify portions of these Terms and Conditions at any time without notice and, unless otherwise indicated, such changes will become effective immediately upon posting; therefore, please check these Terms and Conditions periodically for changes. We will display the effective date of these Terms and Conditions at the top of this page.
User Feedback
By submitting any ideas, comments, suggestions or other information to Akasa related to improvements to the sites or services related to the sites; (collectively, the "Feedback"), You agree that such Feedback shall be deemed, and shall remain, Akasa's property. None of the Feedback shall be subject to any obligation of confidentiality on Akasa 's part and Akasa shall not be liable for any use or disclosure of any Feedback. Akasa shall own all rights related to the Feedback (including without limitation intellectual property rights and moral rights) and shall be entitled to use of the Feedback without restriction for any purpose whatsoever, commercial or otherwise, without compensation to you.
Trademarks
All Product names, logos, and brands are property of their respective owners. All company, product and service names used in this website are for identification purposes only. Use of these names, logos, and brands does not imply endorsement.
Monitoring
You agree that you will not use any device, software or other instrumentality to interfere or attempt to interfere with the proper working of our sites, and that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. In addition, you agree that you will not use any robot, spider, other automatic device, or manual process to monitor, scrape, or copy our sites or the Akasa Wellness Solutions contained therein, or any aspect of the sites or the Akasa Wellness Solutions, without the prior express consent from an authorized Akasa representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to our sites). Furthermore, you agree that you will not use our sites for any purpose that is illegal, unlawful, or prohibited by these Terms and Conditions. You agree that you will not interrupt, disrupt, alter, destroy, impair, restrict tamper, or otherwise affect the proper operation of our sites in any way, including, without limitation, through the use of any malicious or unauthorized code, virus, worm, Trojan horse, malware, or program.
You agree that Akasa has no obligation to but may monitor and review information you transmit over the sites. You agree that Akasa may censor, edit, remove or prohibit the transmission or receipt of any information that Akasa deems inappropriate or in violation of these Terms and Conditions, and use any such information as necessary to provide the sites or to protect the rights or properties of Akasa. You agree that Akasa may also monitor and review stored information without restriction. You hereby acknowledge and consent to such monitoring and reviewing.
You may not use our sites in any threatening, libelous, slanderous, defamatory, obscene, inflammatory, pornographic, discriminatory, or otherwise offensive manner. We reserve the right in our sole discretion to revoke or deny your access to our sites, including, without limitation, if you violate any of the provisions of these 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.
Privacy
Your submission of information on the site is subject to Akasa Wellness Solutions Group Privacy Policy (available at https://www.akasa.in/privacypolicy )
Warranty
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR SITES AND AKASA WELLNESS SOLUTIONS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR ANY GUARANTY OR ASSURANCE THAT OUR SITES AND/OR AKASA WELLNESS SOLUTIONS WILL BE AVAILABLE, ADEQUATE, ACCURATE, UNINTERRUPTED, COMPLETE OR ERROR FREE. WE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY MALICIOUS OR UNAUTHORIZED CODE AND YOU ARE SOLELY RESPONSIBLE FOR ENSURING YOU HAVE APPROPRIATE SCANNING AND PROTECTIVE MECHANISMS FOR THE SECURITY OF YOUR DEVICES, PROGRAMS AND INFORMATION. BY USING ANY OF OUR SITES AND/OR AKASA WELLNESS SOLUTIONS, YOU ARE ASSUMING ALL RISK OF LOSS THAT MAY ARISE OR BE ASSOCIATED WITH THAT USE.
Passwords
Our Sites may provide you with the ability to use usernames, passwords, or other codes or devices to gain access to certain portions of our Sites (“access codes”). You are entirely responsible for maintaining the confidentiality of your access codes and for all activities that occur under your account. We reserve the right to immediately terminate your account in our sole discretion and without prior notice to you wherever there is a reason including, for example, if you violate any part of these Terms and Conditions.
Terms Incorporated by Reference
In addition to these Terms and Conditions, you agree to the terms, conditions, and notices specified at the following links, which are hereby incorporated into this Agreement:
The terms, conditions, and notices applicable to Akasa Best Rate Guarantee, which assures you receive the best rates when you book directly with us, may be found by contacting us at info@akasa.in
Limitation of Liability
To the maximum extent permitted by law, we, other members of our group of and affiliated companies and third parties connected to us hereby expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Sites or in connection with the use, inability to use, or results of the use of our Sites, any websites linked to them and any materials posted on them, including, without limitation any liability for loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
IN THE EVENT AKASA IS HELD LIABLE FOR ANY DAMAGES RELATED TO THE SITE, TO THE FULLEST EXTENT PERMITTED BY INDIA LAW, YOUR SOLE AND EXCLUSIVE REMEDY WILL BE LIMITED TO REIMBURSEMENT OF THE CHARGES FOR SERVICES OR PRODUCTS PAID BY YOU.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY WAIVE ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO THIS SITE BEYOND ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH SUCH CLAIM OR ACTION IS BASED.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability that cannot be excluded or limited under applicable law.
You shall defend us against any demands, claims or actions brought against us or arising as a result of any breach or violation of these Terms and Conditions by you (“Claim”) and you shall indemnify and hold us harmless from and against any and all losses, damages, costs and expenses (including attorneys' fees) resulting from any such Claim. We have the right, at our expense, to assume exclusive defense against any Claim and all negotiations for settlement and you agree to cooperate with us in the defense of any such Claim, at our request.
Confidentiality
With respect to all communications you make to us regarding Akasa Wellness Solutions including but not limited to feedback, questions, comments, suggestions and the like: (a) you shall have no right of confidentiality in your communications and we shall have no obligation to protect your communications from disclosure; (b) we shall be free to reproduce, use, disclose and distribute your communications to others without limitation; and (c) we shall be free to use any ideas, concepts, know-how, content or techniques contained in your communications for any purpose whatsoever, including but not limited to the development, production and marketing of products and services that incorporate such information.
Inaccuracies and Errors
Akasa Wellness Solutions may contain technical inaccuracies and typographical errors, including but not limited to inaccuracies relating to pricing or availability applicable to your transaction. Akasa does not assume responsibility or liability for any such inaccuracies, errors or omissions, and shall have no obligation to honor reservations or information affected by such inaccuracies. Akasa reserves the right to make changes, corrections, cancellations and/or improvements to Akasa Wellness Solutions, and to the products and programs described in such information, at any time without notice, including after confirmation of a transaction.
Mis-Communications / Lost Transactions
Travel Destinations
Hotel/Resort (“Property” or “Properties”) Reservations General Terms
In addition to the other terms and conditions specified on the Sites regarding our Properties, the following general terms and conditions apply to reservations booked on the Sites:
Cancellation policies and other information about specific room reservations and properties may vary by Property and by the type of reservation. Individual rate rules, tax information, applicable charges and cancellation policies are displayed in the “Review Reservation Details,” “Summary of Charges” and “Hotel Cancellation Policy” sections on the room reservation page of the Site.
If you plan to travel with your pet, we recommend that you confirm directly with the Property that they do, indeed, accept pets. Akasa accepts NO RESPONSIBILITY for an individual Property's pet policy.
Reservations made by one or more individuals or by an agency on the Site, on behalf of one or more proposed guests, and involving more than two (2) rooms at the same Property for the same period of stay, may be made by contacting us at info@akasa.in
Travel Agents
Some areas of our Sites are restricted to travel agents or other authorized representatives. The Akasa Wellness Solutions contained in such restricted areas is confidential to Akasa, and is provided for business use only, which includes reviewing commission status and statements, and enrolling in our Electronic Funds Transfer program as described below. We reserve the right to prohibit access to, or use of, these restricted areas where we determine that such use or access interferes with our Sites’ operations or that such use or access results in commercial benefits or other entities to our detriment. If you are a travel agent or authorized representative of a travel agent using our Sites, the following apply:
Passwords: We have provided you with a unique password so that access to information related to your agency and transactions can be restricted to only those individuals to whom you provided the password. It is your responsibility to protect the confidentiality of the password. Akasa does not assume any liability for any access to information or transactions that are executed with the password provided to you. We strongly recommend that you change the password on a periodic basis and whenever a travel agent leaves your travel agency or you suspect that knowledge of the password is no longer limited to those whom you have authorized.
Payment & Usage Fee
You hereby agree and understand that you will have to pay the fee as mentioned on the website for the concerned Services via the payment mode provided on the this website post which User’s requested reservation will be confirmed. Once the reservation has been confirmed, Akasa will debit the usage fee from the payment mode selected by the User. The User agrees and acknowledges that the payment procedure may call for and require additional verification of or information from the User and the User undertakes to provide complete, correct and proper information.
Akasa Wellness Solutions uses third party payment providers to receive payments from User. Akasa is not responsible for delays or erroneous transaction execution or cancellation of reservation due to payment issues. Akasa takes utmost care to work with third party payment providers, but does not control their systems, processes, technology and work flows, hence cannot be held responsible for any fault at the end of payment providers.
User making payments for Services provided via the Akasa website, would be making payments to the entities mentioned as per the link mentioned in the tab named Payment for Services.
Akasa Wellness Solutions has partnered with Razorpay to collect online money for easy and seamless. Razorpay has RBI approval for payment aggregator license. When you make a online payment through Razorpay all amount processed through Razorpay are disbursed via Razorpay or as agreed and will be governed by the Razorpay User Agreement and Razorpay Privacy Notice. Akasa Wellness Solutions do not store or collect your payment card details or other payment details. That information is provided directly to our third-party payment processors whose use of your personal information is governed by their privacy policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express, Rupay, UPI(NPCI). PCI-DSS help ensure the secure handling of payment information.
Indian, European, California, America, and Rest Countries Website Visitors
We comply with the standards, procedures and requirements laid down by the The Information Technology Act-India, GDPR (EU General Data Protection Regulation), UK-GDPR, Data Processing Agreement (DPA), CCPA (California Consumer Privacy Act) and Rest Countries Information Technology Rules to ensure that the personal information you give us is kept secure and processed fairly and lawfully. No personal information is publicly accessible.
Governing Law
The laws of Chandigarh in India shall govern these Terms and User’s use of the Service.
Courts Of Jurisdiction
The Courts in Chandigarh of India shall have exclusive jurisdiction in all disputes concerning the Website, or the services offered by the Website or the application of these Terms of Use.
Dispute Resolution
If User has any concern or dispute about the Service, User agrees to first try to resolve the dispute informally by contacting Akasa Wellness Solutions.
Third-Party Sites
Any use of the maps functionality on this site shall be governed by the End User Terms of Use for the applicable maps application. Akasa shall have no liability for your use of such third-party maps application for any results, including driving directions, generated by such third-party maps application.
If you choose to leave our Sites via links to other third-party websites, including those of advertisers, our Terms and Conditions and our Privacy Statement will no longer apply. We are not responsible for the terms and conditions or terms of use or privacy policies of those third-party websites, cookies, pixel tags and other similar technologies that they use. In addition, because we have no control over such third-party sites and resources, you acknowledge and agree that Akasa is not responsible for the availability of such third-party sites or resources, and that Akasa does not endorse or is responsible or liable for any content, advertising, products, or other materials on or available from such third-party sites or resources.
No Arrangements for Prohibited Persons
Akasa Wellness Solutions is a Indian company and is prohibited from providing services to certain “prohibited persons” who are government officials or residents of certain embargoed countries or territories, or terrorists or drug traffickers whose names are published on lists maintained by the Ministry of Home Affairs India and Ministry of Tourism India. You agree to use all reasonable efforts not to arrange for any of these prohibited persons to stay at, use or tour any Akasa Wellness Solutions facilities.
Akasa Wellness Solutions may, in its sole discretion and at intervals of its sole choosing, modify this Website and/or the Website use agreements / policies connected with them at any time and without prior notice. It is the responsibility of each user to monitor such changes, and to determine whether or not to continue to access and use the Website based upon any such changes.
QUESTIONS, COMMENTS OR NOTICES
If you have questions about these Terms and Conditions, please send an e-mail to info@akasa.in