These terms and conditions of use ("Terms of Use") of the App (as defined below) between Briolette Technologies (hereinafter referred to as "SmartGuestInn App"/"Briolette"/"Briolette Technologies" which is a Mobile Application (App)) and the users/ registrants of the App ("You" or "Your" or "Yourself" or "User") describe the terms on which SmartGuestInn App offers You access to the App and the Services (as defined below). App usually be installed by a Hotel into their respective guest ("customer" or "guest") or Guest will download from the link provided by their respective Hotel ("Hotel" /"Hotelier"/"respective hotelier"/"Hotelier").
PLEASE READ THE TERMS OF USE CAREFULLY BEFORE USING OR REGISTERING ON THE MOBILE APPLICATION OR ACCESSING ANY MATERIAL, INFORMATION OR SERVICES THROUGH THE APP. YOUR USE OF THE APP OR THE SERVICES PROVIDED BY THE APP SHALL SIGNIFY YOUR ACCEPTANCE OF THE TERMS OF USE AND YOUR AGREEMENT TO BE LEGALLY BOUND BY THE SAME. These same Terms & Conditions are applicable to this website as well wherever appropriate.
A. YOUR USE OF THE APP IMPLIES THAT YOU AGREE WITH THE TERMS OF USE.
1. General
1.1.SmartGuestInn App are Mobile Apps owned and operated by Briolette Technologies (“Briolette”/“Briolette Tech”), a partnership firm/company incorporated under the laws of India, with its registered office at Briolette Technologies, 3rd Main, Vignan Nagar, New Tippasandra Post, Bangalore - 560075, India. Use of the App is offered to You conditional on acceptance of all the terms, conditions and notices contained in these Terms, along with any amendments made at our sole discretion and posted on the App, either from repsective Hotel or from Briolette.
1.2.SmartGuestInn App shall not be required to notify You, whether as a registered user or not, of any changes made to the Terms of Use. The revised Terms of Use shall be made available on the App. Your use of the App and the Services is subject to the most current version of the Terms of Use made available on the App at the time of such use. You are requested to view the most current Terms of Use before any transaction on the App. Your continued use of the App, following changes to the Terms of Use, will constitute Your acceptance of those changes.
1.3.By using this App or any facility or Service provided by this App in any way, You agree that You have read, understood and agreed to be bound by these Terms of Use and the App Privacy Policy.
1.4.SmartGuestInn App shall not be liable to deliver any merchandize or Services purchased by Users through this App. It intend to provide information or information will be used by the guests of respective hotels.
2. Services
SmartGuestInn App app is a technology platform that connects guests and front desk of respective hotelier mainly to provide information and/or for communication and/or check-in and check-out purpose. SmartGuestInn App is an in hotel app for guests and enables guests for effective communication and interaction with hotel staff and not intended to use for any unlawful, illegal, banned or harmful way of usage both either guests or hotelier. SmartGuestInn App doesn’t undertake any verification of the content shared between guests & hotelier – be it nature of services, exchange of information etc., SmartGuestInn App doesn’t mandate, own, manage any part of communication or data exchanged between guests and hotelier – be it , personal information, payment or any other related – and hence isn’t liable for any service to the users concerning payment, delivery, warranty, customer service or any other.
3. Eligibility to Use
The Services are not available to minors under the age of eighteen (18) or to any Users suspended or removed from the SmartGuestInn App system by SmartGuestInn App for any reason whatsoever. If You do not conform to the above qualification, You shall not be permitted to avail of the Services or use the App. You represent that You are of legal age to form a binding contract and are not a person barred from receiving services under the laws as applicable in India. Notwithstanding the foregoing, if You are below the age of eighteen (18) years, You may avail the Services provided by SmartGuestInn App through Your legal guardian in accordance with the applicable laws. SmartGuestInn App/Briolette Technologies reserves the right to refuse access to use the Services offered at the App to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so.
4. User Account, Password, and Security
4.1 SmartGuestInn App makes the Services available to You through the App only if You have provided SmartGuestInn App certain required User information and created an account ("Account") through SmartGuestInn App ID and password or other log-in ID and password, which can include Your mobile number, facebook, gmail, yahoo ID or any other valid electronic ID required by SmartGuestInn App (collectively, the "Account Information"). The Services may also be subject to procedures for use of the Website, Terms of Offer For Sale, uploaded guidelines, rules, additional terms of service, or other disclaimer & notices, if any ("Additional Terms"). If there is any conflict between the Terms of Use and the Additional Terms, the Additional Terms shall take precedence in relation to that service.
4.2 In case it is required the App would ask You to register as a User by creating an Account in order to avail of all the Services provided by the App/respective services provided by the your/guest's hotelier. You will be responsible for maintaining the confidentiality of the Account Information, and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify SmartGuestInn App/respective hotelier of any unauthorized use of Your Account Information or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session. SmartGuestInn App/Briolette cannot and will not be liable for any loss or damage arising from Your failure to comply with. You may be held liable for losses incurred by SmartGuestInn App or any other user of or visitor to the App due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account Information secure and confidential.
4.3 You shall ensure that the Account Information provided by You in the App registration form is complete, accurate and up-to-date. Use of another user's Account Information for availing the Services is expressly prohibited.
4.4 If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or SmartGuestInn App/Briolette/respective hotelier has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, SmartGuestInn App/respective hotelier has the right to suspend or terminate Your Account and refuse any and all current or future use of the App or any portion thereof.
5. Pricing Information
5.1 SmartGuestInn App may make various payment options available, electronic or physical, to facilitate interaction and transaction between You and other users. Should you choose to opt for them:
5.2 You agree to provide correct and accurate electronic payment details (such as credit or debit card, digital wallet etc.) to the approved payment gateway for availing Services on the App. You shall not use the electronic payment options which are not lawfully owned by You. The information provided by You will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order. You will be solely responsible for the security and confidentiality of Your payment details. SmartGuestInn App expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of Your payment options.
5.3 SmartGuestInn App/Hotelier shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of you/cardholder having exceeded the present limit mutually agreed by SmartGuestInn App with its payment partners from time to time.
6. User Obligations
6.1 Subject to compliance with the Terms of Use, SmartGuestInn App grants You a non-exclusive, limited privilege to access and use this App and the Services provided therein.
6.2 You agree to use the Services, App and the materials provided therein only for purposes that are permitted by: (a) the Terms of Use; and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
6.3 You agree to adhere to all limitations on dissemination, use and reproduction of any materials (such as the product catalogues) that You access on the App in accordance respective section 7.
6.4 You agree not to access (or attempt to access) the App and the materials or Services by any means other than through the interface that is provided by SmartGuestInn App. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the App or Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the App, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the App.
6.5 You acknowledge and agree that by accessing or using the App, You may be exposed to content from other users that You may consider offensive, indecent or otherwise objectionable. SmartGuestInn App disclaims all liabilities arising in relation to such offensive content on the App. Further, You may report such offensive content in the manner prescribed under respective section 17 herein.
6.6 While usage of You must ensure that any communication between either parties is not offensive and in accordance with applicable laws. Further, You undertake not to:
6.6.01 Defame, abuse, harass, threaten or otherwise violate the legal rights of others;
6.6.02 Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
6.6.03 Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information through any bookmark, tag or keyword;
6.6.04 Upload files that contain software or other material protected by applicable intellectual property laws unless You own or control the rights thereto or have received all necessary consents;
6.6.05 Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the App or another's computer/device;
6.6.06 Engage in any activity that interferes with or disrupts access to the App or the Services (or the servers and networks which are connected to the App);
6.6.07 Attempt to gain unauthorized access to any portion or feature of the App, any other systems or networks connected to the App, to any SmartGuestInn App server, or to any of the Services offered on or through the App, by hacking, password mining or any other illegitimate means;
6.6.08 Probe, scan or test the vulnerability of the App or any network connected to the App, nor breach the security or authentication measures on the App or any network connected to the App. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the App, including any SmartGuestInn App Account not owned by You, to its source, or exploit the App or information made available or offered by or through the App, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the App;
6.6.09 Disrupt or interfere with the security of, or otherwise cause harm to, the App, systems resources, accounts, passwords, servers or networks connected to or accessible through the App or any affiliated or linked sites;
6.6.10 Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section.
6.6.11 Use any device or software to interfere or attempt to interfere with the proper working of the App or any transaction being conducted on the App, or with any other person's use of the App;
6.6.12 Use the App or any material or Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of SmartGuestInn App or other third parties;
6.6.13 Conduct or forward surveys, contests, pyramid schemes or chain letters;
6.6.14 Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;
6.6.15 Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
6.6.16 Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
6.6.17 Violate any applicable laws or regulations for the time being in force within or outside India;
6.6.18 Violate the Terms of Use including but not limited to any applicable Additional Terms of the Website contained herein or elsewhere; and
6.6.19 Reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the App.
6.7. You agree that You are solely responsible to SmartGuestInn App/Briolette and to any third party for any breach of Your obligations under the Terms of Use and for the consequences (including any loss or damage which SmartGuestInn App or its affiliates or its vendors may suffer) for any such breach.
6.8. You agree and acknowledge that SmartGuestInn App is not the seller of the products and the services and SmartGuestInn App shall in no manner be deemed to be the seller of the services provided by respective hotelier. SmartGuestInn App is only facilitating interaction between the guests and hotelier for the purpose of making their stay a pleasant experience. SmartGuestInn App is not a general App. The App will be customised as per their need of their respective hotelier.
6.9. You agree that SmartGuestInn App may, at any time, modify or discontinue all or part of the App, charge, modify or waive fees required to use the App, or offer opportunities to some or all Users.
6.10. You agree and acknowledge that SmartGuestInn App shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings or interactions between You and any third party or user(s). If there is a dispute between participants on the App, or between User and any third party, You understand and agree that SmartGuestInn App is under no obligation to become involved in such dispute. In the event that You have a dispute with one or more other User, you hereby release SmartGuestInn App, its officers, employees, agents and successors from any and all claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our Service.
7. Use of Materials
7.1 Except as expressly indicated to the contrary in any applicable Additional Terms, SmartGuestInn App hereby grants You a non-exclusive, freely revocable (upon notice from SmartGuestInn App), non-transferable access to view, download and print services catalogues or any other materials available on the App, subject to the following conditions:
7.1.1 You may access and use the materials solely for personal, informational, and internal purposes, in accordance with the Terms of Use;
7.1.2 You may not modify or alter services information or catalogues or any other materials available on the App;
7.1.3 You may not distribute or sell, rent, lease, license or otherwise make the product catalogues or any other materials available on the App available to others; and
7.1.4 You may not remove any text, copyright or other proprietary notices contained in the product catalogues or any other materials available on the App.
7.2 The rights granted to You in the product catalogues or any other materials as specified above are not applicable to the design, layout or look and feel of the App. Such elements of the App are protected by intellectual property rights and may not be copied or imitated in whole or in part. The product catalogues or any other materials available on the App may not be copied or retransmitted unless expressly permitted by SmartGuestInn App.
7.3 Any software that is available on the App is the property of SmartGuestInn App or its vendors or respective hotelier. You may not use, download or install any software available at the App, unless otherwise expressly permitted by these Terms of Use or by the express written permission of SmartGuestInn App.
7.4 Any purchase of the merchandise or Services from the Website will be strictly for information purpose only. The User hereby expressly agrees that any merchandize or Services purchased by the User will not be sold, resold, bartered or in any way used for any commercial purposes or for profit. The User hereby acknowledges that the Services or merchandize purchased is not transferrable to any third party for profit.
8. Usage Conduct
8.1 You shall solely be responsible for maintaining the necessary equipments and Internet connections that may be required to access, use and transact on the App.
8.2 You are also under an obligation to use this App for reasonable and lawful purposes only, and shall not indulge in any activity that is not envisaged through the App.
8.3 You shall use this App, and any voucher/ coupons purchased through it, for personal, non-commercial use only and shall not re-sell the same to any other person.
8.4 SmartGuestInn App shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of you/cardholder having exceeded the present limit mutually agreed by SmartGuestInn App with our acquiring bank from time to time.
9. Intellectual Property Rights
9.1 The App and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the "Content") on the App is owned and controlled by SmartGuestInn App and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights.
9.2 The trademarks, logos and service marks displayed on the App ("Marks") are the property of SmartGuestInn App or their vendors or respective third parties. You are not permitted to use the Marks without the prior consent of SmartGuestInn App, the vendor or the third party that may own the Marks.
9.3 Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Briolette Technologies owns all intellectual property rights to and into the "SmartGuestInn App ", and the App, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.
9.4 Except as expressly provided herein, You acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from SmartGuestInn App/Briolette or thirty party owner of such Content.
10. Third Party Content
The App may make available general third party information such as, product catalogues, lists of authorized dealers, reports on news and features, advertisements including videos, images and photographs of the products and other data from external sources ("Third Party Content"). Similar Third Party Content may also be made available to You on the email received by You from SmartGuestInn App. The provision of Third Party Content is for general informational purposes only. You acknowledge that the Third Party Content provided to You is obtained from sources believed to be reliable. SmartGuestInn App does not provide any guarantee with respect to any the Third Party Content and SmartGuestInn App shall not be held liable for any loss suffered by You based on Your reliance on or use of such data.
11. Disclaimer of Warranties & Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
11.1 THE WEBSITE, SERVICES AND OTHER MATERIALS ARE PROVIDED BY Briolette Technologies/SmartGuestInn App ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, SmartGuestInn App MAKES NO WARRANTY THAT (I) THE APP OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR YOUR USE OF THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE APP WILL BE EFFECTIVE, ACCURATE OR RELIABLE; (III) THE QUALITY OF THE APP OR OTHER MATERIALS WILL MEET YOUR EXPECTATIONS; OR THAT (IV) ANY ERRORS OR DEFECTS IN THE APP OR OTHER MATERIALS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SmartGuestInn App OR THROUGH OR FROM USE OF THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.
11.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SmartGuestInn App WILL HAVE NO LIABILITY RELATED TO USER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. SmartGuestInn App ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT.
11.3 SmartGuestInn App WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A CONSEQUENCE OF UNAUTHORIZED USE OF YOUR ACCOUNT OR ACCOUNT INFORMATION IN CONNECTION WITH THE APP OR ANY SERVICES OR MATERIALS, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. SmartGuestInn App HAS ENDEAVORED TO ENSURE THAT ALL THE INFORMATION ON THE WEBSITE IS CORRECT, BUT SmartGuestInn App NEITHER WARRANTS NOR MAKES ANY REPRESENTATIONS REGARDING THE QUALITY, ACCURACY OR COMPLETENESS OF ANY DATA, INFORMATION, PRODUCT OR SERVICE. SmartGuestInn App SHALL NOT BE RESPONSIBLE FOR THE DELAY OR INABILITY TO USE THE APP OR RELATED FUNCTIONALITIES, THE PROVISION OF OR FAILURE TO PROVIDE FUNCTIONALITIES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, FUNCTIONALITIES AND RELATED GRAPHICS OBTAINED THROUGH THE APP, OR OTHERWISE ARISING OUT OF THE USE OF THE APP, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. FURTHER, SmartGuestInn App SHALL NOT BE HELD RESPONSIBLE FOR NON-AVAILABILITY OF THE APP DURING PERIODIC MAINTENANCE OPERATIONS OR ANY UNPLANNED SUSPENSION OF ACCESS TO THE APP THAT MAY OCCUR DUE TO TECHNICAL REASONS OR FOR ANY REASON BEYOND SmartGuestInn App's CONTROL. THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE APP IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. SmartGuestInn App ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.
11.4 SmartGuestInn App SHALL NOT BE LIABLE FOR ANY THIRD PARTY PRODUCT OR SERVICES. THE ADVERTISEMENT AVAILABLE ON E-MAIL OR WEBSITE WITH RESPECT TO THE THIRD PARTY WEBSITE OR THE PRODUCTS AND SERVICES ARE FOR INFORMATION PURPOSE ONLY. ANY TRANSACTION THAT YOU MAY HAVE WITH ANY THIRD PARTY THROUGH THIS APP IS AT YOUR OWN RISK.
12. Indemnification and Limitation of Liability
12.1 You agree to indemnify, defend and hold harmless SmartGuestInn App including but not limited to its affiliate vendors, agents and employees from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by SmartGuestInn App that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Terms of Use. Further, You agree to hold SmartGuestInn App harmless against any claims made by any third party due to, or arising out of, or in connection with, Your use of the App, any claim that Your material caused damage to a third party, Your violation of the Terms of Use, or Your violation of any rights of another, including any intellectual property rights.
12.2 In no event shall SmartGuestInn App, its officers, managing partners, directors, employees, partners or suppliers be liable to You, its vendors or any third party for any direct, special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not SmartGuestInn App has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your use of or access to the App, Services or materials.
12.3 SmartGuestInn App shall not assume any liability for the non-availability of the product, delivery of the product and the installation of the product.
13. Violation of the Terms of Use
13.1 You agree that SmartGuestInn App may, in its sole discretion and without prior notice, terminate Your access to the App and block Your future access to the App if SmartGuestInn App determines that You have violated these Terms of Use or Additional Terms. You also agree that any violation by You of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to SmartGuestInn App, for which monetary damages would be inadequate, and You consent to SmartGuestInn App obtaining any injunctive or equitable relief that SmartGuestInn App deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies SmartGuestInn App may have at law or in equity.
13.2 You agree that SmartGuestInn App may, in its sole discretion, and without prior notice, terminate Your access to the App, for cause, which includes (but is not limited to): (1) requests by law enforcement or other government agencies; (2) a request by You (self-initiated account deletions); (3) discontinuance or material modification of the App or any service offered on or through the App; or (4) unexpected technical issues or problems.
13.3 If SmartGuestInn App does take any legal action against You as a result of Your violation of these Terms of Use, SmartGuestInn App/Briolette Technologies will be entitled to recover from You, and You agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to SmartGuestInn App/Briolette Technologies.
14. Termination
14.1 The Terms of Use will continue to apply until terminated by either You or SmartGuestInn App as set forth below. If You want to terminate Your agreement with SmartGuestInn App, You may do so by (i) not accessing the App; or (ii) closing Your accounts for all of the Services that You use, where SmartGuestInn App has made this option available to You.
14.2 SmartGuestInn App may, at any time, with or without notice, terminate the Terms of Use (or portion thereof, such as any individual Additional Terms) with You if:
14.2.1 You breach any of the provisions of the Terms of Use, the Privacy Policy or any other terms, conditions, or policies that may be applicable to You from time to time (or have acted in a manner that clearly shows that You do not intend to, or are unable to, comply with the same);
14.2.2 SmartGuestInn App is required to do so by law (for example, where the provision of the Services to You is, or becomes, unlawful);
14.2.3 The provision of the Services to You by SmartGuestInn App is, in SmartGuestInn App's opinion, no longer commercially viable;
14.2.4 SmartGuestInn App has elected to discontinue, with or without reason, access to the App, the Services (or any part thereof); or
14.2.5 SmartGuestInn App may also terminate or suspend all or a portion of Your account or access to the Services with or without reason. Except as may be set forth in any Additional Terms applicable to a particular Service, termination of Your Account may include: (i) removal of access to all offerings within the App or with respect to the Services; (ii) deletion of Your materials and Account Information, including Your personal information, log-in ID and password, and all related information, files and materials associated with or inside Your Account (or any part thereof); and (iii) barring of further use of the Services.
14.2.5 You agree that all terminations shall be made in SmartGuestInn App's sole discretion and that SmartGuestInn App shall not be liable to You or any third party for any termination of Your Account (and accompanying deletion of Your Account Information), or Your access to the App and Services.
14.2.6 Notwithstanding the foregoing, these Terms of Use will survive indefinitely unless and until SmartGuestInn App chooses to terminate them.
14.2.7 If You or SmartGuestInn App terminates Your use of the App, SmartGuestInn App may delete any content or other materials relating to Your use of the App and SmartGuestInn App will have no liability to You or any third party for doing so.
15. Governing Law
15.1 These Terms of Use and all transactions entered into on or through this App and the relationship between You and SmartGuestInn App shall be governed in accordance with the laws of India without reference to conflict of laws principles.
15.2 You agree that all claims, differences and disputes arising under or in connection with or in relation hereto, the Terms of Use or any transactions entered into on or through the App or the relationship between You and SmartGuestInn App shall be subject to the exclusive jurisdiction of the courts at Bangalore, India and You hereby accede to and accept the jurisdiction of such courts.
16. Report Abuse
In the event You come across any abuse or violation of these Terms of Use or if You become aware of any objectionable content on the App, please report to support@briolettetech.com
17. Privacy Policy
The User hereby consents, expresses and agrees that he has read and fully understands the Privacy Policy of SmartGuestInn App in respect of the App. You further consent that the terms and contents of such Privacy Policy are acceptable to You.
18. Communications
18.1 You hereby expressly agree to receive communications by way of SMS, e-mails, Push Notifications, System Notifications and other electronic communication from SmartGuestInn App relating to Services provided through the App.
18.2 A User can unsubscribe/ opt-out from receiving communications from SmartGuestInn App through SMS and e-mail anytime by:
- by clicking on the unsubscribe option attached at the bottom of emails sent from SmartGuestInn App
19. General Provisions
19.1 Notice: All notices of SmartGuestInn App may be served by email, SMS, general notification on the App or any other electronic means. Any notice provided to SmartGuestInn App pursuant to the Terms of Use should be sent to support@briolettetech.com
19.2 Assignment: You cannot assign or otherwise transfer the Terms of Use, or any rights granted hereunder to any third party. SmartGuestInn App's rights under the Terms of Use are freely transferable by SmartGuestInn App to any third parties without the requirement of seeking Your consent.
19.3 Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect.
19.4 Waiver: Any failure by SmartGuestInn App to enforce or exercise any provision of the Terms of Use, or any related right, shall not constitute a waiver by SmartGuestInn App of that provision or right.
20. Feedback and Information
Any feedback You provide to this App shall be deemed to be non-confidential. SmartGuestInn App shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, You represent and warrant that (i) Your feedback does not contain confidential or proprietary information of You or of third parties; (ii) SmartGuestInn App is not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) SmartGuestInn App may have something similar to the feedback already under consideration or in development; and (iv) You are not entitled to any compensation or reimbursement of any kind from SmartGuestInn App for the feedback under any circumstances.
B. COPYRIGHT POLICY
Copyright belongs to Briolette Technologies ("Briolette"). Briolette also uses contents of third parties as well who might not be the original owners of copyright therein. The users should assume that standard copyright protection applies to all materials and contents displayed on the App. Any redistribution, modification or reproduction of part or all of the contents featured in the App/in this Website in any form is prohibited. You may display, print, or download the contents to a local hard disk extracts for your personal, non-commercial use, but only if you acknowledge the App as the source of the material. You are not permitted, except with the express written consent of Briolette, to distribute or commercially exploit the contents on this App. You are also prohibited from transmitting the contents or storing it in any other App or in other form of electronic retrieval system.
C. INTELLECTUAL PROPERTY RIGHTS POLICY
1. App contains the trademarks, logos, trade name, service marks and other marks (collectively "Marks") which are the intellectual property of Briolette Technologies ("Briolette") or their vendors or respective third parties.
2. You are not permitted to use the Marks without the prior consent of Briolette, the vendor or the third party that may own the Marks. If you do so, SmartGuestInn App may, in its sole discretion, terminate Your Account.
3. You agree not to challenge the use, registration or application to register the Marks, anywhere in the world, and that You will not harm, misuse, or bring into disrepute any of the Marks. The goodwill derived from using the Marks or any part thereof, shall inure exclusively to the benefit of SmartGuestInn App or its vendors or the third party that may own the Marks.
4. All Marks, domain name, trade dress including the "look and feel" of the App, its text, graphics, button icons, interfaces, etc., and the arrangements thereof, is the property of Briolette or its vendors or the third party, as the case may be, unless otherwise indicated. All the contents are protected under copyright, trademark and other applicable intellectual property laws and may not be used by You, except as permitted by Briolette, its vendors or the concerned third party.
5. All the contents of this website are protected under copyright, trademark and other applicable intellectual property laws and may not be used by You with out prior permission from Briolette Technologies. If found violated Briolette Technologies has reserved the rights to infringe those individuals or companies or organizations.
6. All the above terms & conditions are also applicable to this website as well wherever appropriate & applicable.
COPYRIGHT 2021-22 © Briolette Technologies