Terms of service

Basic Definitions

This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the Hotel Varuna Services. You are only authorized to use the Hotel Varuna Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully before using this website. By registering on, accessing, browsing, downloading or using the Hotel Varuna site for any general purpose or for the specific purpose of availing any Service, you agree, automatically and immediately to be bound by this Agreement as well as by any the service specific terms and conditions applicable to each Service, whether you are a "Visitor" (which means that you simply browse the Hotel Varuna site) or you are a "Member" (which means that you have registered with Hotel Varuna). The term "User" refers to a Visitor or a Member. Subject to your compliance with this Agreement, you may print these terms of use or save a copy of these terms of service for your own personal and non-commercial use. If you do not agree with any of these terms, you may not access, browse or use the Hotel Varuna site and immediately terminate your availing of the Hotel Varuna Services. If you wish to become a Member, communicate with other Members and make use of the Hotel Varuna Services, you must read this Agreement and indicate your acceptance during the Registration process. ll the rights, benefits, liabilities and obligations under this Agreement shall, as the case may be, accrue to the benefit of, or incurred by, Hotel Varuna, regarding your use of the Services.

The term 'authorized user' would include any person, whether an individual or a legal entity who has subscribed to the services of Hotel Varuna, and to whom the access is restricted by the use of a sign in user name and a password. The user name and password are either allotted by Hotel Varuna or chosen by the user or agreed upon by Hotel Varuna. Therefore only the authorized user has the right to access the services offered by Hotel Varuna. Hotel Varuna will not be responsible for any costs, consequences or damages caused to any persons or entities due to any unauthorized use of the services offered by Hotel Varuna, including access of the said services by an unauthorized user using the user name and password of an authorized user, regardless of whether such unauthorized user is known to the authorized user.

The terms 'service' or 'services' would mean to include the interactive online solutions & information services offered by Hotel Varuna on the internet/mobile through which the user may access information carried by Hotel Varuna in the database maintained by it.

You agree not to copy, sell, resell, duplicate any part of Hotel Varuna's services & solutions for commercial purposes.

These Terms of Service sets out the legally binding terms of your use of Hotel Varuna and your membership in Hotel Varuna and may be modified by Hotel Varuna at any time and without prior notice, such modifications to be effective upon posting by Hotel Varuna on the website. Your continued access or use of the Site and/or the Services after the Terms of Services have been revised constitutes your express consent to the modified Terms of Services. In the event of any inconsistency between our Privacy Policy and these Terms of Service, the Terms of Service shall prevail. If you do not agree to be bound by the terms of this Agreement, you may not use nor access our services.

Eligibility

Hotel Varuna services are available to all individuals who are at least 18 years of age. Individuals under the age of 18 may access and use the site, they shall do so only with the involvement and guidance of their parents and or legal guardians. In all such instances their parents and or legal guardians will be held responsible for all the terms of this agreement. By registering with Hotel Varuna you consent to the use of: (i) electronic means to complete the Terms and to provide you with any notices given pursuant to the Terms; and (ii) electronic records to store information related to the Terms or your use of the Services. Hotel Varuna has the right, in its sole discretion, to suspend or terminate your use of Hotel Varuna services and refuse any and all current or future use of all or any portion of Hotel Varuna's services.

Service

Hotel Varuna provides self-managed event organizing solutions to event organizers. Event organizers setup their event, fill up the details about their event such as event pricing, location, ticket inventory, attendee registration information collection and other such features. As used herein, "Customers" means Hotel Varuna event organizers ("Event Organizer "), registered event attendees ("Attendee ") and participants in our various affiliate programs.

Event Organizer Terms

Hotel Varuna offers organizers a web-based solution to organize events and meetings, to sell tickets or provide online Attendee Registration solutions via the Hotel Varuna-Websites for events of the organizer to customers by using Hotel Varuna to take on the payment process. In detail Hotel Varuna provides the following services to the organizer (each an "Hotel Varuna-Service"):

A web-based software on the Hotel Varuna-websites to organize events and to sell tickets of the organizer for these events to ticket buyers. The organizer has the possibility to create an own website for their event ("eventsite") and to offer a ticket sale. The ticket buyer can choose and buy the tickets on the eventsite directly.

Only the user and the organizer of an event are entering into an agreement regarding the event and the disposal of tickets for that event. Hotel Varuna only acts as a sales agent for the organizer of an event by order and for account of this organizer. It is the organizers' duty to advise and instruct the ticket buyers of their eventually existing right of objection according to the legal guidelines.

The organizer authorises Hotel Varuna hereby for the duration of this agreement to act as an agent by order and for account of the organizer, to sell tickets to the public for events, offered by the organizer on the Hotel Varuna-Websites, to undertake the payment process with the ticket buyers and/or their banks and to ship the tickets to the ticket buyers. This authorization also contains the right of Hotel Varuna to send payment reminders to the ticket buyers.

 

Shipment & Delivery

The organizer can choose, whether the tickets shall be deposited on the venue or shall be sent electronically or if the ticket buyer shall have the choice between these different shipment methods. As far as tickets shall be deposited on the venue the organizer has the right to choose, whether the tickets shall be paid on the venue and/or in advance via Hotel Varuna.

At the option of the organizer, Hotel Varuna can also offer offline ticketing i.e. Hotel Varuna will take all tickets from the Organiser, offer a set number of the tickets online as suggested by the organizer, or as deemed suitable by Hotel Varuna, and put the remaining tickets into its retail associate networks (such as any caf�©s, bistros etc. with which Hotel Varuna may tie up). The Event organizer shall decide upon whether it wants to avail of only online/electronic ticketing solutions provided by Hotel Varuna or whether it prefers Hotel Varuna to provide both paper version & electronic version ticketing services.

Payment and Fees

Hotel Varuna products & services are available on the basis of transaction model, as per the requirements of customers.

Hotel Varuna will be responsible only for the taxes applicable on Hotel Varuna Fees (including TS fee, PG fee and fixed ticket charge). Organizer will bear the full responsibility of the taxes applicable on ticket price and Hotel Varuna can not be held accountable for any inaccurate information provided by organizer for such taxes.

Transaction model

In this model, pricing is applied on each ticket sale/attendee registration.

The organizer has to determine the base price for his tickets. This base price belongs to the organizer as far as nothing different is stated in these terms. The organizer can choose whether the additional fees payable to Hotel Varuna (fees for accounting, shipment etc.) are charged on top of this base price or not.

Hotel Varuna charges a fee for every ticket sold via the Hotel Varuna-Websites (A convenience-fee) as stated in the price list published on the Hotel Varuna-Websites.

In addition to that Hotel Varuna charges a fee for accounting tickets according to clause 4 as well as for using the Hotel Varuna-Websites by the organizer (A ticketing-fee) as stated in the price list published on the Hotel Varuna-Websites. The rate of the fee depends by the payment method chosen by the organizer. The ticketing-fee is charged even if the tickets shall be deposited and paid on the venue.

In the event that tickets for an event have been sold via the Hotel Varuna-Websites, and the event is cancelled for any reason not directly attributable to Hotel Varuna, then Hotel Varuna shall continue to be entitled to the convenience fees and ticketing fees.

Change of an event

If an event for which tickets are sold or already have been sold via Hotel Varuna shall be cancelled or changed (regarding date, time, venue or other important points) the organizer has to inform Hotel Varuna immediately in writing once these circumstances have come to his attention.

Accounting

The organizer has options of various payment method(s) (credit card, direct debiting, prepayment, invoice) to be offered to possible ticket buyers. In accordance to this choice Hotel Varuna undertakes accounting for the organizer and holds the money on a separate bank account. The organizer authorises Hotel Varuna to do so. Hotel Varuna transfers the money received according to service pricing minus the fees payable to Hotel Varuna within 5 to 7 business days post the event to the organizer. The money has to be transferred to a bank account located in the country where the event took place and issued on the name of the organizer. For recurring events, Hotel Varuna reserves the right to pay out money before the event. Hotel Varuna reserves the right to change the number of days to transfer money to the event organizer at any time without notice. The organizer is aware of the risk that specific payment methods (direct debiting or credit card) can be reversed by the ticket buyers. The organizer bears this risk alone. If transactions are reversed after the payment to the organizer, these costs plus a fee for the reversed transaction as stated in the price list published on the Hotel Varuna-Websites are charged to the organizer.

The organizer is obliged to raise objections, if any, against the accounts of Hotel Varuna within four weeks after issue of the account. If not the account is considered as being approved.

Prevention against fraud / misusage

The Hotel Varuna-Websites offer an extensive security system, in particular to protect organizers against reimbursement of credit card payments. Because of this security system it is possible that in exceptional cases some credit card providers may not be accepted.

If the organizer arouses suspicion of misusage of the Hotel Varuna-Websites, Hotel Varuna has the right to deactivate the ticket shop of the organizer and to stop the ticket selling. In particular a suspicion of misusage of the Hotel Varuna-Websites is on hand, if it comes to attention before the event that the event shall not (or not in the way as stated in the ticket shop) take place; or illegal or immoral events shall take place; or

If the organizer arouses suspicion of misusage of the Hotel Varuna-Websites, Hotel Varuna has the right to delay the payout to the organizer even after 5 to 7 business days for further 60 days. Within these 60 days Hotel Varuna will check if an improper use of the Hotel Varuna-Websites and / or Hotel Varuna-Services occurred. Hotel Varuna also reserves the right to block any event from its platform, if the event is found to be misleading to Hotel Varuna users. (For example: if an event is listed as free and an organizer forces attendees to pay for the event separately, the listed event is deemed to be misleading to the event attendees.)

To verify your identity, we ask for a valid ID proof like Passport and/or Emirates ID, and for Companies Trade license and/or TRN certificate. We require you to upload a copy of your valid ID proof, it will help us in identifying you to a high degree of fidelity as the inability to accurately identify individual pose risks with respect to fraudulent claims, tax compliance, and creation or listing of valid events on Hotel Varuna.

Warranty of the organizer

The organizer warrants to Hotel Varuna, that (i) there is no agreement between the organizer and a venue, or the owner or user of a venue, or a third party, which affects the organizer's use of the Hotel Varuna-Services in accordance with these terms, (ii) the organizer is allowed to enter into this agreement with Hotel Varuna, including the right to authorize Hotel Varuna in accordance to these terms to act as an agent and to sell tickets for events of the organizer.(iii) The organizer takes responsibility that he has all the necessary approvals for organizing the event within UAE, nothing prohibits organizer from doing the event. If any situation changes, he will inform Hotel Varuna immediately. The organizer will hold Hotel Varuna indemnified for any losses arising out from his failure to take necessary approvals for organizing the event.

Duties of the organizer

The organizer has the duty to inform Hotel Varuna immediately about unavailability or malfunctions of the Hotel Varuna-Websites.

The organizer has the obligation to inform Hotel Varuna immediately about every change of his name, company name, address, legal form or bank details in written form or via E-Mail. The organizer shall not use the Hotel Varuna-Services for illegal or immoral events such as political or religious extremism, pornographic, or violent events.

The organizer shall not use the Hotel Varuna-Services to upload, post, email, transmit or otherwise make available any Information that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; The organizer and/or organizer's event will not contain and/or promote any sexually explicit or sexually suggestive content, including pornographic material, "adult friend finders" or dating sites with a sexual emphasis, "adult" toys or sexually explicit videos; The organizer and/or organizer's event will not contain and/or promote any way of provision or selling of drugs or prohibitive substances; The organizer shall not use the Hotel Varuna-Services to harm minors in any way; The organizer shall not impersonate any person or entity, including, but not limited to, an Hotel Varuna representative, forum leader, or falsely state or otherwise misrepresent its affiliation with a person or entity; The organizer shall not forge headers or otherwise manipulate identifiers in order to disguise the origin of any Information transmitted through the Service;

Right to Terminate

You agree that Hotel Varuna, in its sole discretion, for any or no reason, and without penalty, may terminate this agreement. Hotel Varuna may also in its sole discretion and at any time discontinue providing access to the services, or any part thereof, with or without notice, if the organizer has contravened against important provisions of these terms; or the organizer has filed for bankruptcy, insolvency proceedings have been started or the start of the insolvency proceedings has been dismissed in default of assets; or circumstances occur that the organizer cannot fulfill his contractual obligations against Hotel Varuna or third parties in default of assets, and “in addition” the organizer gives no proof of sufficient assets within 30 days after request by Hotel Varuna to do so.

Cancellation (Account Cancellation)

If you desire to cancel your services, please email admin@varunahotels.com 30 days before expiry of the service. There is no cancellation fee. Once your account is cancelled, your Content may not be recovered. There will be no refund if you cancel the Service before the end of your current, paid-up month or year, and you will not be charged or billed thereafter.

Ticket Buyer Terms

The price payable for the tickets is as set out on our web site.

Tickets will normally be available for collection at a designated location prior to the event, in which case you must collect the tickets from the address at the time advised, and provide proof of ID. Under some circumstances events may decide to distribute tickets via post or Email or other methods, in which case only the card billing address / email address supplied will be used for dispatch.

Tickets may not be dispatched immediately where we are acting as an agent on behalf of a promoter and that promoter gives alternative instructions about the dispatch of tickets. However, you will be given notification of dispatch once you have ordered your tickets.

Once you have received your tickets, you should check them and you must inform us of any errors within two working days, or before the event, whichever is sooner. The event organizer, the venue where the event is organized reserve the right to refuse admission to you; request latecomers to await admission to the event until a convenient break in the event; refuse re-admission to those leaving during the event; and request that you leave the event; make alterations to the advertised details of the event (including Principals) and make alterations to the script or the content of any particular event at any time up to and including and during the event.

If, at any time during the event it is cancelled, postponed, suspended or delayed for any reason, Hotel Varuna will not make any refunds nor will they be liable for any loss caused by such cancellation, postponement, suspension or delay.

It is your responsibility to ascertain whether an event has been cancelled and the date and time of any rearranged event. If an event is cancelled or rescheduled, we will use reasonable endeavours to notify ticket holders of the cancellation once we have received the relevant authorisation from the Event Organiser. We do not guarantee that ticket holders will be informed of such cancellation before the date of the event.

Tickets are issued subject to the Rules and Regulations of the venue or Event Organiser. Full details are available from the Event Organisers. Breach of any of these Rules and Regulations or any unacceptable behaviour likely to cause damage, nuisance or injury shall entitle the venue or Event Organiser to eject you from the venue. The Event Organisers may on occasions have to conduct security searches to ensure the safety of the patrons. We will not be responsible for any tickets that are lost or stolen.

The venue, Event Organiser and Hotel Varuna accept no responsibility for loss of any personal property.

Tickets may be restricted to a maximum number per person, per credit card and, for some events, a restriction may apply per household. We reserve the right to cancel tickets without prior notice purchased in excess of this number.

If an organizer uses Zapier, the person purchasing a ticket agrees that his/her data may be shared with third parties. By agreeing to Hotel Varuna's terms, you are also agreeing to Zapier's terms and conditions as well. Hotel Varuna is not liable for the way data is handled by Zapier.

General Terms

Advertising Material Hotel Varuna would not be held liable for any inappropriateness of the advertisement contents due to the dynamic nature of web, invisible/hidden contents, error, omission or inaccuracy in printed or digital form. Hotel Varuna reserves the right to remove and/or reposition the advertising material.

Safe Harbor

Any statements contained within the Site concerning Hotel Varuna's future prospects are forward-looking statements which involve a number of risks, uncertainties and other factors that could cause actual results to differ materially from those that may be projected by these forward looking statements. There can be no assurance that future results will be achieved and actual results could differ materially from forecasts, estimates and summary information contained in the site.

Intellectual Property Rights

You agree that Hotel Varuna owns all rights to the code, databases, visual-design and layout of the Service. Except for the limited licenses expressly granted to you under this Agreement, no other rights, licenses, or immunities are granted or will be deemed to be granted to you under this Agreement, either expressly, or by implication, estoppel or otherwise. You may access the site solely as intended through the provided functionality of the Service and as permitted under this Agreement and shall at all times abide by the terms set forth herein.

Hotel Varuna claims no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours.

You may not use any robot, spider, other automated device, or manual process to monitor or copy any Content from the Service.

You may not resell, duplicate or reproduce or exploit any part of the Service without the written consent permission of Hotel Varuna.

You may not duplicate, copy, or reuse any portion of the visual design or layout of the Service without the prior written permission of Hotel Varuna.

You may not alter, deface, mutilate or otherwise bypass any approved software through which the Services are made available.

You agree not to bypass, circumvent, damage or otherwise interfere with any security or other features of the site designed to control the manner in which the Services are used, harvest or mine content from the Services, or otherwise access or use the Services in a manner inconsistent with individual human usage.

You agree not to undertake, cause, permit or authorize the translation, reverse engineering, disassembling or hacking of any aspect of the Services, including any Service content available on or through the Service, or attempt to do any of the foregoing, except and solely to the extent permitted by this Agreement, the authorized features of the Services, or by law, or otherwise attempt to use or access any portion of the Services other than as intended by Hotel Varuna.

You agree not to harass, abuse, harm or advocate or incite harassment, abuse or harm of another person or group, including Hotel Varuna’s employees and other users.

You agree not to provide any false personal information to Hotel Varuna or any other user, or create a false identify or impersonate another person or entity in any way.

You agree not to solicit, or attempt to solicit, personal information from other users.

You agree not to restrict, discourage or inhibit any person from using the Services, disclose personal information about a third person on the Services or obtained from the Services without the consent of such person, or collect information about users.

You agree not to gain unauthorized access to the Services, to other users’ accounts, names or personally identifiable information, or to other computers or websites connected or linked to the Services.

You agree not to post, transmit or otherwise make available any virus, worm, spyware or any other computer code, file or program that may or is intended to disable, overburden, impair, damage or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the Services or communications equipment and computers connected to the Services.

You agree not to interfere with or disrupt the Services, or networks or servers connected to the Services, or violate the regulations, policies or procedures of such networks or servers.

You agree not to violate any applicable laws and/or regulations or this Agreement.

You agree not to assist or permit any persons in engaging in any of the activities described above.

Information Disclosure

To the extent required or permitted by law, Hotel Varuna may also collect, use and disclose personal information in connection with security related or law enforcement investigations or in the course of cooperating with authorities or complying with legal requirements.

Disclaimer of Warranties

You understand and agree that the Hotel Varuna services are provided on an "AS IS" and "AS AVAILABLE" basis and that to the fullest extent permitted by law, Hotel Varuna excludes all representations and warranties relating to this website and its contents including in relation to any inaccuracies or omissions in this website and/or the Hotel Varuna’s literature; and excludes all liability for damages arising out of or in connection with your use of this. Hotel Varuna does not warrant that its websites will operate error-free or free of computer viruses or mal-functioning or harmful mechanisms. All the contents of website are only for general information or use. Such information does not constitute advice and should not be relied upon in making or derived decisions. Any specific advice or replies to queries in any part of the website are the personal opinion of users and are not subscribed to by Hotel Varuna. This website assumes no responsibility for the accuracy or existence of any communications between users. Hotel Varuna expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised Hotel Varuna of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.

Hotel Varuna makes no warranty that the services will meet your requirements, service will be uninterrupted, timely, secure or error-free. Certain links on website lead to resources located on servers maintained by third parties over whom Hotel Varuna has no control or connection, business or otherwise as these sites are external to this website you agree and understand that by visiting such sites you are beyond this website. Hotel Varuna therefore neither endorses nor offers any judgment or warranty and accepts no responsibility or liability for the authenticity/availability of any of the goods/services/or for any damage, loss or harm, direct or consequential or any violation of local or international laws that may be incurred by your visit and/or transaction/s on these sites. Use caution and common sense when using the Service.

Any material downloaded or otherwise obtained through the use of this website is done at your discretion and risk that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

Limitation of Liability

You agree that Hotel Varuna shall, in no event, be liable for any consequential, incidental, indirect, special, punitive or other loss or damage whatsoever or for the loss of business profits, business interruptions, computer failure, loss of business information, or other loss arising out of or caused by your use of or inability to use this website, even if Hotel Varuna has been advised of the possibility of such damage. Hotel Varuna will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the Website. The Venue, event organizers, events services 'marketplace' information provided on Hotel Varuna are added by members. Hotel Varuna doesn't verify, claim or guarantee authenticity of such information. Hotel Varuna is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting there from. Hotel Varuna have no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expense, omissions, delays, re-routing or acts of any government or authority. Hotel Varuna makes no representations or warranties as to the completeness or accuracy of Information contained on the website. The service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, you agree that Hotel Varuna shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the Hotel Varuna. You further acknowledge that Hotel Varuna's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by you for services during the period damages occurred. In no event shall the Hotel Varuna be liable for any special or consequential damages, loss or injury.

This paragraph shall survive termination of this Agreement.

Indemnity

You agree to defend, indemnify and hold Hotel Varuna, its parent ("Dyulok"), its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including without limitation reasonable attorney's fees and costs, arising out of or in connection with any User Content, any Third Party Applications, Software or Content you post or share on or through the website (including through the Share Service), your use of this website, your conduct in connection with this website or with other users of the website , or any violation of this Agreement or of any law or the rights of any third party. Hotel Varuna reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Hotel Varuna, including rights to settle, and you agree to cooperate with Hotel Varuna’s defense and settlement of these claims. You hereby expressly release Hotel Varuna its affiliates, their officers, directors, shareholders, employees and agents from any cost, damage, liability or other consequence of any of the actions/inactions of our partners/sellers and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.

This paragraph shall survive termination of this Agreement.

Force Majeure

We shall not be liable to you for any failure to perform any obligation under this Agreement or any other Agreement which is due to an event beyond the control of such party including but not limited to any act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or manmade eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. If we are affected by such event, we shall forthwith inform you of the same through our website and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.

Termination

You agree that Hotel Varuna may terminate your Member Account and access to the site for reasons including, but not be limited to, breaches or violations of the Terms or the Hotel Varuna Privacy Policy, a request by you to terminate your Account, discontinuance or material modification to the Services, unexpected technical issues or problems, extended periods of inactivity and requests by law enforcement or other government agencies. Termination of your Hotel Varuna Account includes elimination of access to the Service, deletion of your Account information such as your e-mail ID and Password and deletion of data in your Member Account as permitted or required by law.

Legal to Advise

The courts in Varanasi, Uttar Pradesh shall have exclusive jurisdiction in respect of any matters arising herefrom. Any legal issue/dispute arising out of this Agreement, but not exclusive to the use of the Services (unless otherwise specifically stated) are governed by and in accordance with the laws of India. This paragraph shall survive termination of this Agreement.

By using this website, you agree that any dispute or claim arising out of or in connection with this Agreement or the performance, breach or termination thereof, shall be finally settled by arbitration in Pune in accordance with the provision of the Arbitration and Conciliation Act, 1996 in English through the sole arbitrator appointed by us. Confidentiality of any and all such arbitration and the entire process shall be the responsibility of both parties.

This paragraph shall survive termination of this Agreement.

Notice & Take Down Policy

AS AN INTERMEDIARY, HOTEL VARUNA IS NOT LIABLE FOR ANY THIRD-PARTY CONTENT UPLOADED, TRANSMITTED, DISPLAYED, PUBLISHED OR SHARED ON ITS PLATFORM. BY USING VARUNAHOTELS.COM, YOU AGREE TO THE CONDITIONS SET OUT IN THIS NOTICE AND TAKE DOWN POLICY

1.COPYRIGHT INFRINGEMENT NOTIFICATION

If the owner of a copyright-protected work or an agent authorized to act on the copyright owner’s behalf (the “Owner”) believes the work posted on VarunaHotels.com (“the Site”) is infringing the Owner’s copyright under the relevant law, the Owner may submit a copyright infringement notification.

2.COPYRIGHT INFRINGEMENT NOTIFICATION PROCEDURE

 Hotel Varuna recommends Owners of copyright-protected content to report alleged copyright infringement by submitting a written complaint (the “Complaint”) either through a web-form (recommended) or through email on admin@varunahotels.com The Complaint should include the following:-

  • Contact Information: The Owner will need to provide information that will allow  Hotel Varuna and the uploader(s) of the video(s) that the Owner’s objects to, to contact the Owner regarding the Complaint, such as an email address, physical address or telephone number

  • Description of Work: The Owner’s must provide in the complaint, a complete and accurate description of the copyrighted content that the Owner is seeking to protect. This MUST also include the specific URL of the video that the Owner believes to be infringing. This is necessary in order to aid Dyulok to locate the allegedly infringing video. General information about the video, such as a channel URL or username alone is not adequate. The URL should be in the following format: https://www.VarunaHotels.com/_____________/

  • Necessary Format: The Complaint should include the following statements – “I have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.” AND “The information in this notification is accurate, and I am the owner, or an agent authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.”

  • Signature: The Complaint must include the physical or electronic signature/digital signature of the Owner. To satisfy this requirement, the Owner may type their full legal name (a first and last name, not a company name) as the signature at the bottom of the complaint

 

3.TAKE-DOWN OF COPYRIGHT INFRINGING WORK

In case of a Complaint by the Owner that is submitted in accordance with the procedure in Clause 2, and found to be valid, Hotel Varuna may refrain from facilitating access to the allegedly infringing work for a period of 21 (twenty one) days or until an order from a competent court is received, whichever is earlier. In case Hotel Varuna receives no such order before the expiry of twenty-one days, Hotel Varuna may reinstate access to the said work.

4.NOTIFICATION OF OBJECTIONABLE CONTENT AND TAKE DOWN BY HOTEL VARUNA

Users may submit a complaint against objectionable content by submitting a written complaint (the “Complaint”) either through a web-form (recommended) or through email on admin@varunahotels.com The Complaint should include the following:

  • Contact Information: The Complainant will need to provide information that will allow Hotel Varuna to contact the Complainant regarding the Complaint, such as an email address, physical address or telephone number.

  • Description of Work: The Complainant must provide in the complaint, a description of the objectionable content that the Complainant is seeking to protest. This MUST also include the specific URL of the video that the Complainant believes to be objectionable. This is necessary in order to aid Hotel Varuna to locate the allegedly objectionable video. General information about the video, such as a channel URL or username alone shall not be adequate. The URL should be in the following format: http://www.VarunaHotels.com/_____________/

  • Necessary Format: The Complaint should include the following statements – “I have a good faith belief that the use of the material in the manner complained of violates any law, or the conditions in Clause 4 of Hotel Varuna’s Notice and Take Down Policy” AND “The information in this notification is accurate to my knowledge”

If Hotel Varuna determines, in its sole discretion and judgment, that the User Content violates any of the aforementioned conditions, it shall be entitled to immediately take down or otherwise block access to User Content

5.HOTEL VARUNA IMMUNITY FROM LIABILITY

Hotel Varuna is an intermediary and shall not be liable for any act of copyright infringement or any other objectionable User Content, as provided under the Copyright Act, 1957, Information Technology Act, 2000 and Rules thereunder.

Take Down Points for Hotel Varuna Timing

  • Any Race day and BIB Expo day concerns not related to Race Timing, Timing Chip, Race Numbers will not be under the purview of Hotel Varuna Timing.

  • Hotel Varuna Timing under no circumstance can be held liable for any mishap on race day causing inconvenience to Runners.

  • Issues related to Route, Pacers, Price Money, Hydration, Medical support and other concerns not related to Timing will not be under the purview of Hotel Varuna Timing.

  • Organiser is liable to make 80% of the Invoice amount at least 5 days before the event and balance of 20% within 5 days post event.

  • Hotel Varuna holds all rights to block registration amount equivalent to Timing Invoice balance payment. The communication for the same will be shared with the organiser prior to the block.

  • Dates for Timing services will be blocked with the mutual consent of Hotel Varuna and the Organizer. In case of cancellation by Organizer, Organiser will be liable to pay a fixed penalty of Rs.20,000. Hotel Varuna holds all rights to deduct the same from the Registration amount, if not cleared before the event.

  • In case of cancellation by Organizer, all the expenses made by Hotel Varuna Timing till date will be charged to the organiser. This will include charges like (not limited to) BIB Printing, Chip Allocation, Marketing activities, Offline data entry support.

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Varuna Group of Hotels

22 Gulab Bagh, Sigra (सिगरा), Varanasi (वाराणसी) 221002

L:+91 542 2418524/25/26 M: +91 7800040271

M: +91 6392000710