Originally Published on : 31st August, 2016
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by RH, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
License To Use Website
Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You must not:
• (a) Republish material from this website (including republication on another website).
• (b) Sell, rent or sub-license material from the website.
• (c) Reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose.
• (d) Edit or otherwise modify any material on the website.
• (e) Redistribute material from this website except for content specifically and expressly made available for redistribution.
You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.
You must not use our website to transmit or send unsolicited commercial communications.
You must not use our website for any purposes related to marketing without our express written consent.
Access to certain areas of our website is restricted to registered users.
In order to become a registered user, you must create an account. If you create an account on the website, you are responsible for maintaining the security of your account and its content, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the Website. You must not describe or assign content to your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and RH may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause RH liability. You must immediately notify RH of any unauthorized uses of your account or any other breaches of security. RH will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
You are responsible for any activity on our website arising out of any failure to keep your account details confidential, and may be held liable for any losses arising out of such a failure.
User Generated Content
If you operate an account, post material including without limitation text, links, images, audio material, video material and audio-visual material, perform any activity including but not limited to like and comment on our website (all such material is referred to as Content), You are entirely responsible for the Content of, and any harm resulting from, that Content. By making Content available, you represent and warrant that:
• You are the owner of all rights, including all copy rights in and to all Content you submit to the site.
• You have the full and complete right to enter into this agreement and to grant to RH the rights in the Content herein granted, and that no further permissions are required from, nor payments required to be made to any other person in connection with the use by RH of the Content as contemplated herein; and
• The Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content.
• The Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing).
• The Content is not obscene, libelous or defamatory, hateful or racially or ethnically objectionable, and does not violate the privacy or publicity rights of any third party.
• Your account is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods.
• Your account is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your account’s URL or name is not the name of a person other than yourself or company other than your own.
• User content must be appropriate, civil, tasteful and accord with generally accepted standards of etiquette and behaviour on the internet. RH reserves the right to remove any Content (or content created on website e.g. comments, messages, avatars, etc.) for any reason whatsoever.
RH reserves the right to ban any member or website from using the service for any reason.
• By uploading your Content to RH you retain full rights that you had prior to uploading.
• By posting Content to the Website you hereby grant to RH a non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content in connection with the Services. This license will exist for the period during which the Content is posted on the Site and will automatically terminate upon the removal of the Content from the Site; The license granted to RH includes the right to use your Content fully or partially for promotional reasons and to distribute and redistribute your Content to other parties, web-sites, applications, and other entities, provided such Content is attributed to you in accordance with the credits (i.e. username, profile picture, descriptions, tags, and other accompanying information) if any and as appropriate, all as submitted to RH by you;
• RH uses industry recognized software and measures to restrict the ability of users and visitors to the Site to make high resolution copies of Content posted on the Site. Notwithstanding this, RH makes no representation and warranty that Content posted on the Site will not be unlawfully copied without your consent. Subject to the terms of the foregoing license, you retain full ownership or other rights in your Content and any intellectual property rights or other proprietary rights associated with your Content.
If you delete Content, RH will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, RH has the right (though not the obligation) to, in RH’s sole discretion (i) refuse or remove any content that, in RH’s reasonable opinion, violates any RH policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in RH ‘s sole discretion.
RH will have no obligation to provide a refund of any amounts previously paid.
Responsibility Of Website Visitors
RH has not reviewed, and cannot review, all of the Content posted to the Website, and cannot therefore be responsible for the use or effects. By operating the Website, RH does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. RH disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
Content Posted on Other Websites
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which website links, and that links to website. RH does not have any control over 3rd party websites and webpages, and is not responsible for their contents or their use. By linking to a 3rd party website or webpage, HT does not represent or imply that it endorses such website or webpage.
You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. RH disclaims any responsibility for any harm resulting from your use of 3rd Party websites and webpages.
Disclaimer of Warranties
The Website is provided “as is”. RH and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither RH nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk. RH does not take any responsibility on trips booked through the website. Users are requested to do their own checks and verifications before making any booking.
Limitation of Liability
In no event will Review Holiday, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: any special, incidental or consequential damages; the cost of procurement or substitute products or services; for interruption of use or loss or corruption of data; or for any amounts that exceed the fees paid by you to RH under this agreement during the twelve (12) month period prior to the cause of action.
RH shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
• (a) send you one or more formal warnings;
• (b) temporarily suspend your access to the website;
• (c) permanently prohibit you from accessing the website;
• (d) block computers using your IP address from accessing the website;
• (e) contact your internet services provider and request that they block your access to the website;
• (f) bring court proceedings against you for breach of contract or otherwise;
• (g) suspend and/or delete your account with the website; and/or
• (h) delete and/or edit any or all of your user generated content.
Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
Reviewholiday.com, graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks or trademarks of RH. RH’s trademarks may not be used in connection with any product or service without the prior written consent of RH. The images and logos available in the Brand Guidelines may used by partners and third party sites in connection with providing appropriate links to the Website.
From time to time we may run competitions, free prize draws and/or other promotions on our website. These will be subject to separate terms and conditions (that we will make available to you as appropriate).
RH may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your RH account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a Premium Services account, such account can only be terminated by RH if you materially breach this Agreement and fail to cure such breach within thirty (30) days from HT notice to you thereof; provided that, RH can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Exclusion Of Third Party Rights
Law And Jurisdiction