I). USER AGREEMENT
IMPORTANT LEGAL INFORMATION – PLEASE READ CAREFULLY
This User Agreement (the “Agreement”) constitutes a legally binding contract between you and Nattika Ayurveda GmbH. Before using the variety of services we offer on this website (the “Website”), it is essential that you familiarize yourself with the following terms of use. By viewing, using or otherwise interacting with our website, you indicate your agreement with the terms and conditions set out here. If there are any ambiguities regarding the agreement, you hereby waive the right to enforce the same. If you do not agree to the terms, we respectfully request that you cease using this website immediately. We may make changes to the Terms of Use at any time – your continued use of the Site following such updates will constitute your acceptance of the new terms. Regular reviews of this page are recommended to keep abreast of the latest agreements. For your records, we recommend that you keep a hard copy of this Agreement as it may be modified from time to time to continually improve the service to you and to comply with legal requirements. By using the website, you also agree to Nattika Ayurveda’s privacy policy, which is closely linked to your well-being and the security of your data.
II). PERMISSIBILITY
Permitted use of the website The use of our website is only permitted to persons who are capable of entering into a contract under applicable law. This categorically excludes minors from using the services offered on this website. If you do not meet the necessary requirements, please refrain from further use and leave the website. Persons under the age of eighteen (18) may not reserve rooms via this website. If you are under 18, please contact the hotel directly for assistance. The content of our website is for information purposes only. Although we take great care in checking and providing this information, we do not guarantee its accuracy.
The information provided on our website is based on sources that are reliable and accurate to the best of our knowledge. However, it should be noted that the creation of this content was not limited to our internal staff alone, but also involved external experts as well as employees of franchise partners. The materials provided are intended to be supportive, with franchisees and others having full discretion over the maintenance and application of their preferred practices. The presentation of these materials does not imply any intention on our part to dictate or control policies or procedures. For this reason, we recommend that all users seek the advice of an attorney or other qualified professional to ensure compliance with the terms of this Agreement and legal requirements.
III).RESTRICTIONS ON THE USE OF MATERIALS
Restrictions on the use of materials The materials, information and content provided on this website are the copyrighted property of Nattika Ayurveda GmbH, its affiliates or third parties from whom we have obtained licenses. It is prohibited to reproduce, distribute or otherwise use any material available on this website or associated sites in any form, except in cases where explicit written permission has been granted by us. This includes in particular websites or other IT environments that are not directly under our control.
Our trademarks, logos or other protected information may not be integrated into other content using framing techniques without our express written permission. It is also not permitted to use meta tags or other invisible text that refers to our protected trademarks or names. Name rights, logos, registered trademarks and service marks on this website are our property and are equally protectable intellectual property. Any misuse will be taken seriously by us and may result in legal action. If you download software from our website, this is exclusively for use within the scope of the services defined on the website. You do not acquire any ownership rights to this software by downloading it. While you may be the owner of the physical medium to which the software has been transferred, all intellectual property rights in the software itself, including all associated rights, remain with us or third party licensors. Any form of redistribution, distribution, reverse engineering or transformation of the software into a human readable form is strictly prohibited.
IV). SUBMISSIONS
We are pleased to hear from our users and welcome your comments about the Site and the products and services offered in connection therewith. Unfortunately, however, our long-standing company policy does not allow us to accept or consider creative ideas, suggestions or materials that have not been specifically requested by us.
We employ talented professionals and consultants who may be working on the same or similar ideas. Please understand that this policy is intended to avoid the possibility of future misunderstandings when projects developed by our professionals and/or consultants may appear to others to be similar to their own creative work. Please do not send us unsolicited original creative materials of any kind. While we appreciate your feedback on the Site and related services and products, please be specific in your comments and do not submit creative ideas, suggestions or materials (unless specifically requested by us).If you submit certain Submissions to us at our request, or creative suggestions, ideas, notes, drawings, concepts or other information (collectively, “Submissions”) despite our request, the Submissions will be deemed our property and will remain our property. None of the Submissions shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submissions. Without limiting the foregoing, we shall exclusively own all rights now known or hereafter existing in the Submissions of every kind and nature throughout the universe and shall be entitled to the unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.
V). CONTENT LINKED TO THE WEBSITEE
Notes on external links on our website On the PARK AM SEE website we offer you interesting external links for your information needs. Although we select these links with care, their provision does not imply our endorsement of these sites or their content. We accept no responsibility for external content and advise you to exercise caution and take responsibility for your own data on the Internet. Please be aware that other websites may set their own cookies, collect personal information and present content that is not under our control. The data protection practices on linked sites may not meet our standards. We also have no control over cookies set by advertisers on our site.
We make every effort to ensure the quality and security of all external links, but we reserve the right to remove links without notice. Remember that information you share on the Internet may be used by people unknown to you, and we cannot guarantee the security of such information. We want your online experience to be safe and informative, so we recommend that you always be vigilant and discreet with your personal information. If you are concerned about the protection of your data, we will be happy to answer any questions you may have.
VI). DISCLAIMERS
Electronic transmissions, including the Internet, are publicly accessible and not private. Information from such use is public or belongs to those who collect it – it is not personal or private information. Your use of our website is at your own risk. Content, services and materials are provided on an “as is” and “as available” basis without warranty of any kind. We make no representations about the accuracy, reliability, usefulness, or completeness of the services or content provided on the website or linked sites. To the extent permitted by law, we exclude all warranties, including implied warranties of merchantability and fitness for a particular purpose and warranties not expressly stated, which may arise from course of dealing or course of performance. We do not guarantee the error-free or uninterrupted availability of the website or the services and content contained therein, nor do we guarantee the absence of viruses or other harmful components.
Any warranty for the use and the resulting outcomes of the website in terms of accuracy or reliability is excluded. You shall bear all consequential costs of maintenance, repair or correction. The above exclusion of warranty may not apply to you if your law does not allow it. Our liability, if any, for damages incurred will be limited to reimbursement of amounts paid for services or products not provided. Any claims relating to such matters must be brought within one (1) year. No responsibility is accepted for the accuracy, content or availability of information linked to the Website. Satisfaction with products or services purchased through the Site or third party vendors is not guaranteed. We do not endorse the accuracy or reliability of any information found on such third party sites or content. No responsibility is accepted for the security of any data that may have been disclosed to third parties.
We recommend that you make inquiries before conducting online or offline transactions. We accept no responsibility for technical failure or security in connection with information provided to users. We reserve the right to cancel, terminate, modify or suspend any part of the Website or any part of it due to viruses, bugs or other possible causes. The Website serves as a place where products and services from third parties can be offered and purchased – we are not involved in transactions between buyers and sellers and have no control over the quality, safety or legality of the items advertised. We are not responsible for information exchanged between users that may be considered offensive, harmful, inaccurate or misleading. Although the product descriptions contained on the website are intended to be current and accurate, no warranties are made as to their accuracy, completeness or reliability. Changes to the website or the products and programs described may be made at any time without notice. We reserve the right to cancel or modify reservations if fraud or error is suspected. All decisions regarding the validity of claims are at our discretion.
VII).DAMAGE
You are fully responsible for maintaining the confidentiality of your password and account and for all activities that occur under your account. You shall indemnify, defend and hold us and our hotels, and all of our and their owners, partners, subsidiaries, affiliates, franchisees, and all officers, directors, agents, contractors, subcontractors, guests, residents, visitors, licensees, invitees, permittees and employees of such persons or entities (collectively, the “Indemnified Parties”) harmless from and against any and all allegations, claims, demands, liabilities, damages, fines, penalties or costs of any kind (including reasonable attorneys’ fees), claims, liabilities, damages, fines, penalties or costs of any kind (including reasonable attorneys’ fees) and whether arising out of death or personal injury or loss or damage to property or otherwise (“Claims”) arising out of or in any way connected with this Agreement, the Services or products provided to you through the Site,or any related act or omission by you and whether caused or contributed to by the negligence of Nattika Ayurveda GmbH or any agent or employee of the Indemnified Parties or any of them (except to the extent prohibited by applicable law), or claims arising out of your account, including but not limited to claims relating to your infringement of any intellectual property rights of any person, including but not limited to copyrights, patents, trade secrets, trademarks, artists’ rights, moral rights, privacy rights, rights of publicity or rights under other intellectual property laws. in the event that a claim is made or an action or proceeding is brought against the indemnified parties or any of them arising out of or relating to this agreement, either of such indemnified parties may, by reasonable notice to you, require that you, at your expense, retain counsel subject to the prior written consent of the indemnified party, which consent is hereby deemed given if counsel is acting for your insurer engaged in the defense or defense. You are obliged to cooperate with us in the defense of claims. We reserve the right to assume, at our own expense, the exclusive defense and control of any matter otherwise subject to indemnification by you.
VIII). LIMITATION OF LIABILITY
In no event, including negligence, will we be liable for any lost profits or cover costs or for any direct, indirect, incidental, special or consequential damages, including but not limited to punitive damages, arising out of the use of or inability to use the website or its services. This includes damages arising out of access to, or inability to access, the website, or reliance on the website and its contents, as well as the omission or provision of certain services or information. This includes any damages resulting from loss of use, data or profits, whether or not we have been advised of the possibility of such damages, and regardless of the theory of liability (including negligence). In addition, there is no obligation on our part to update the website or its content.
Applicable law may not allow the exclusion or limitation of damages for incidental or consequential damages, so the above limitation or exclusion may not apply to you. Our total liability to you for all claims, losses and causes of action (whether in contract, tort, including but not limited to negligence, or otherwise) shall in no event exceed the amount you paid, if any, for access to the Site. If you are dissatisfied with the Site, the products, services, members, suppliers and/or purchasers offered thereon, your sole and exclusive remedy is to discontinue using the Site and terminate this Agreement in accordance with the terms of this Agreement.
IX). RELEASE
By using the Site, users agree to release us and our affiliates, officers, directors, employees, assigns, agents and suppliers (collectively, “Released Parties”) from any and all liability, including liabilities, losses, actions, damages, costs or claims of any kind (including, but not limited to, attorneys’ fees and court costs) that may arise in connection with the use of the Site, including, but not limited to, personal injury, property damage or any violation of rights.
Users waive the right to take any legal action against the Released Parties for any accident, injury or loss that may result from the use of the Website or any related information, materials, services or products. We reserve the right, in our sole discretion and without liability, to restrict or deny access to the Website and its services to any person. We also reserve the right to seek any compensation that may be necessary as a result of fraudulent or unlawful activity arising in connection with the use of the Website.
The users hereby also exclude themselves and their heirs, legal successors and authorized representatives from all claims, actions and liabilities that may arise in connection with the use of the website. This includes facts or claims that were unknown or unforeseen at the time of the agreement and that would have affected the decision to agree to this agreement had they been known at that time. Users assume the full risk of such unknown facts and claims and waive any rights under Section 1542 of the Indian Civil Code or similar enforceable provisions that would otherwise bar claims that were unknown at the time of indemnification.
Users acknowledge that this Release covers all known and unknown, suspected or unsuspected claims and that the intentional waiver of such legal rights was thoroughly considered and made with the advice of legal counsel. This Agreement is intended to be a final settlement of all potential disputes, and Users confirm their understanding and agreement to all terms of the Release.
X). ACCESS AND FAULTS
You will not use any robot, spider, other automatic device or manual process to monitor or copy the Website or any content or information (including the Information) contained therein without our prior express written consent. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted through the Website. You agree that you will not copy, reproduce, alter, modify, create derivative works from or publicly display any content on the Website (other than information in which you have a proprietary interest) without our prior express written consent or that of an appropriate third party. The information (including the Information) that you provide to us.
shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines designed to damage, adversely affect, surreptitiously intercept or expropriate any system, data or information; and shall not cause us to be liable or cause us to lose (in whole or in part) the services of our ISPs or other suppliers.
XI). TERMINATION
These Terms will remain in effect until terminated by either party. You may terminate these Terms at any time by discontinuing your use of the Site and destroying all materials obtained from the Site, including any related documentation, copies and installations, whether obtained under this Agreement or otherwise.
We reserve the right to terminate your access to the Site immediately and without notice if you breach any term or condition of this Agreement, as determined by us in our absolute discretion. In the event of such termination, you shall cease all further use of the Site and destroy all materials obtained from the Site and all copies of such materials, regardless of the conditions under which they were made.
In addition, you acknowledge and agree that certain rights and obligations are by their nature intended to survive termination of this Agreement in order to remain in full force and effect. This includes, but is not limited to, certain provisions of this Agreement such as limitation of liability, indemnification, intellectual property rights and general clauses. These provisions shall survive the termination of this Agreement.