Welcome to the Atithiadvisor (2M Softwares) websites and mobile properties located at www.atithiadvisor.com and applicable country top level domains (including sub-domains associated with them), related software applications (sometimes referred to as “apps”), data, SMS, APIs, email, chat and telephone correspondence, buttons, widgets and ads (collectively, all of these items shall be referred to herein as the “Services”; more generally, the Atithiadvisor websites and mobile properties shall hereinafter be referred to herein as “websites”). The Services are offered to you conditioned upon your acceptance of the terms, conditions, and notices set forth below (collectively, this “Agreement”). Atithiadvisor.com (2M Softwares) primarily caters to two types of entities. First is the Owner / Lessor / Authorised Representative of Hotels, Homestays, Campsites, Backpackers Accommodation facility and other speciality lodging like Igloos, Campsites, Treehouses, Retreats, Heritage Properties etc who provide lodging, boarding and other services etc,( hereinafter referred to as “Hosts”) and second part to the guests who uses the facilities with / without monetary consideration, searches for provider to make an informed choice etc (hereinafter referred to as “Guests” or “Atithi”) By accessing or using the Services, you agree to be bound by this Agreement and represent that you have read and understood its terms. Please read this Agreement carefully, as it contains information concerning your legal rights and limitations on these rights, as well as a section regarding applicable law and jurisdiction of disputes. If you do not accept all of these terms and conditions, you are not authorized to use the Services. If you have Atithiadvisor account and wish to terminate this Agreement, you can do so at any time by closing your account and no longer accessing or using the Services .
Any information, text, links, graphics, photos, audio, videos, data, code or other materials or arrangements of materials that you can view on, access or otherwise interact with through the Services shall be referred to as “Content”. The terms “we”, “us”, “our” and “Atithiadvisor” refer to 2M Softwares, an Indian Company or Partnership in nature, owning and operating under “Atithiadvisor.com”. “Services” as defined above refers to those provided by Atithiadvisor or our corporate affiliates (Atithiadvisor and such entities, when one or more are referred to, shall be collectively defined as the “Atithiadvisor Companies”).
We may change or otherwise modify this Agreement in the future in accordance with the terms and conditions herein, and you understand and agree that your continued access or use of the Services after such change signifies your acceptance of the updated or modified Agreement. We will note the date that revisions were last made to this Agreement at the bottom of this Agreement, and any revisions will take effect upon posting. We will notify registered users of our Services (such registered users to be referred to as “Account Holders”) of material changes to these terms and conditions by either sending a notice to the email address associated with the Account Holder’s profile or by placing a notice on our websites. Be sure to return to this page periodically to review the most current version of this Agreement.
The Atithiadvisor.com (2M Softwares) Companies do not knowingly collect the information of anyone under the age of 13. We retain the right at our sole discretion to deny anyone access to the Services, at any time and for any reason, including, but not limited to, for violation of this Agreement. By using the Services, including any products or services that facilitate the sharing of Content to or from third party sites, you understand that you are solely responsible for any information that you share with the Atithiadvisor.com (2M Softwares) Companies. You may access the Services solely as intended through the provided functionality of the Services and as permitted under this Agreement.
Copying, transmission, reproduction, replication, posting or redistribution of (a) Content or any portion thereof and/or (b) the Services more generally is strictly prohibited without the prior written permission of the Atithiadvisor.com (2M Softwares) Companies. To request permission, please direct your request to: admin@atithiadvisor.com
In order to access certain features of the Services, you will need to become an Account Holder by creating an account. When you create an account, you must provide complete and accurate information. You are solely responsible for the activity that occurs on your account, including your interaction and communication with others, and you must safeguard your account. Towards this end, if you are an Account Holder, you agree to keep your contact information up to date.
In order to access certain features of the Services, you will need to become an Account Holder by creating an account. When you create an account, you must provide complete and accurate information. You are solely responsible for the activity that occurs on your account, including your interaction and communication with others, and you must safeguard your account. Towards this end, if you are an Account Holder, you agree to keep your contact information up to date.
If you are creating a Atithiadvisor account for commercial purposes and are accepting this Agreement on behalf of a company, organization, or other legal entity, you represent and warrant that you are authorized to do so and have the authority to bind such entity to this Agreement, in which case the words “you” and “your” as used in this Agreement shall refer to such entity and the individual acting on behalf of the company shall be referred to as a “Business Representative.”
Through your use of the Services you may encounter links to third party sites and apps or be able to interact with third party sites and apps. This may include the ability to share Content from the Services, including your Content, with such third party sites and apps. Please be aware that third party sites and apps may publicly display such shared Content. Such third parties may charge a fee for use of certain content or services provided on or by way of their websites. Therefore, you should make whatever investigation you feel is necessary or appropriate before proceeding with any transaction with any third party to determine whether a charge will be incurred. Where the Atithiadvisor.com (2M Softwares) Companies provide details of fees or charges for such third party content or services, such information is provided for convenience and information purposes only. Any interactions with third party sites and apps are at your own risk. You expressly acknowledge and agree that the Atithiadvisor.com (2M Softwares) Companies are in no way responsible or liable for any such third party sites or apps.
Some Content you see or otherwise access on or through the Services is used for commercial purposes. You agree and understand that the Atithiadvisor.com (2M Softwares) Companies may place advertising and promotions on the Services alongside, near, adjacent, or otherwise in close proximity to your Content (including, for video or other dynamic content, before, during or after its presentation), as well as the Content of others.
The Atithiadvisor.com (2M Softwares) Companies may, from time to time, decide to change, update or discontinue certain products and features of the Services. You agree and understand that the Atithiadvisor.com (2M Softwares) Companies have no obligation to store or maintain your Content or other information you provide, except to the extent required by applicable law.
We also offer other services that may be governed by additional terms or agreements. If you use any other such services, the additional terms will be made available and will become part of this Agreement, except where such additional terms expressly exclude or otherwise supersede this Agreement. For example, if you use or purchase such additional services for commercial or business purposes, you must agree to the applicable additional terms. To the extent any other terms conflict with the terms and conditions of this Agreement, the additional terms shall govern to the extent of the conflict with respect to those specific services.
The Content and information available on and through the Services (including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software, code or other material), as well as the infrastructure used to provide such Content and information, is proprietary to the Atithiadvisor.com (2M Softwares) Companies or licensed to the Atithiadvisor.com (2M Softwares) Companies by third parties. For all Content other than your Content, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through the Services. Additionally, you agree not to:
Any personal information you post on or otherwise submit in connection with the Services will be used in accordance with our Privacy Policy. Click here to view our Privacy Policy.
We appreciate hearing from you. Please be aware that by providing your Content to or through the Services, be it via email, posting via any Atithiadvisor.com (2M Softwares) synchronization product, via the services and applications of others, or otherwise, including any of your Content that is transmitted to your Atithiadvisor.com (2M Softwares) account by virtue of any Atithiadvisor.com (2M Softwares) Companies product or service, reviews, questions, photographs or videos, comments, suggestions, ideas or the like contained in any of your Content, you grant the Atithiadvisor.com (2M Softwares) Companies a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to (a) host, use, reproduce, modify, run, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Content of yours throughout the world in any media, now known or hereafter devised; (b) make your Content available to the rest of the world and to let others do the same; (c) to provide, promote, and improve the Services and to make your Content shared on the Services available to other companies, organizations or individuals for the syndication, broadcast, distribution, promotion or publication of such Content of yours on other media and services, subject to our Privacy Policy and this Agreement; and (d) use the name and/or trademark that you submit in connection with such Content of yours. You acknowledge that Atithiadvisor.com (2M Softwares) may choose to provide attribution of your Content at our discretion. You further grant the Atithiadvisor.com (2M Softwares) Companies the right to pursue at law any person or entity that violates your or the Atithiadvisor.com (2M Softwares) Companies’ rights in your Content by a breach of this Agreement. You acknowledge and agree that your Content is non-confidential and non-proprietary. You affirm, represent, and warrant that you own or have the necessary licenses, rights (including copyright and other proprietary rights), consents, and permissions to publish and otherwise use (and for the Atithiadvisor.com (2M Softwares) Companies to publish and otherwise use) your Content as authorized under this Agreement.
If it is determined that you retain moral rights (including rights of attribution or integrity) in your Content, you hereby declare that, to the extent permitted by applicable law, (a) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of your Content by the Atithiadvisor.com (2M Softwares) Companies or their licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of your Content; and (d) you forever release the Atithiadvisor.com (2M Softwares) Companies and their licensees, successors and assigns, from any claims that you could otherwise assert against the Atithiadvisor.com (2M Softwares) Companies by virtue of any such moral rights. Note that any feedback and other suggestions you provide may be used at any time and we are under no obligation to keep them confidential.
The Services may contain discussion forums, bulletin boards, review services, travel feeds or other forums in which you may post your Content, such as reviews of travel experiences, messages, materials or other items ("Interactive Areas"). If Atithiadvisor.com (2M Softwares) provides such Interactive Areas on the websites, you are solely responsible for your use of such Interactive Areas and use them at your own risk. The Atithiadvisor.com (2M Softwares) Companies do not guarantee any confidentiality with respect to any of your Content you provide to the Services or in any Interactive Area. To the extent that any entity that is one of the Atithiadvisor.com (2M Softwares) Companies provides any form of private communication channel between Account Holders, you agree that such entity(ies) may monitor the substance of such communications in order to help safeguard our community and the Services. You understand that the Atithiadvisor.com (2M Softwares) Companies do not edit or control the user messages posted to or distributed through the Services, including through any chat rooms, bulletin boards or other communications forums, and will not be in any way responsible or liable for such messaging. In particular, Atithiadvisor.com (2M Softwares) does not edit or control users’ Content that appears on the websites. The Atithiadvisor.com (2M Softwares) Companies nevertheless reserve the right to remove without notice any such messaging or other Content from the Services, where they believe in good faith that such Content breaches this Agreement or otherwise believe the removal is reasonably necessary to safeguard the rights of the Atithiadvisor.com (2M Softwares) Companies and/or other users of the Services.
Should you disagree with the removal of your Content from the websites, you may contact Atithiadvisor.com (2M Softwares) using the Help Center to make your objections. By using any Interactive Areas, you expressly agree only to submit Content of yours that complies with Atithiadvisor.com (2M Softwares)’s published guidelines, as are in force at the time of submission and made available to you by Atithiadvisor.com (2M Softwares). You expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Services any Content of yours that:
The Atithiadvisor.com (2M Softwares) Companies take no responsibility and assume no liability for any Content posted, stored, transmitted or uploaded to the Services by you (in the case of your Content) or any third party (in the case of any and all Content more generally), or for any loss or damage thereto, nor are the Atithiadvisor.com (2M Softwares) Companies liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, the Atithiadvisor.com (2M Softwares) is not liable for any statements, representations or any other Content provided by its users (including you as to your Content) in the websites or any other forum. Although Atithiadvisor.com (2M Softwares) has no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, Atithiadvisor.com (2M Softwares) reserves the right, and has absolute discretion, to remove, screen, translate or edit without notice any Content posted or stored on the Services at any time and for any reason, or to have such actions performed by third parties on their behalf, and you are solely responsible for creating backup copies of and replacing any Content you post or otherwise submit to us or store on the Services at your sole cost and expense.
Any use of the Interactive Areas or other aspects of the Services in violation of the foregoing violates the terms of this Agreement and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Services more generally.
You may elect on a going forward basis to limit the Atithiadvisor.com (2M Softwares) Companies’ use of your Content under this Agreement (as described above) by opting to provide the Atithiadvisor.com (2M Softwares) Companies with a more limited license as described further below (such limited license to be referred to herein as a “Restricted License”). You may make this election by selecting such Restricted License grant here (note that to do so you shall need to be logged into your account). If you make this election, the rights you grant the Atithiadvisor.com (2M Softwares) Companies to your Content pursuant to the license terms set forth above (referred to as the “Standard License”) shall be limited in some important ways described in paragraphs 1 through 6 directly below, such that the Atithiadvisor.com (2M Softwares) Companies shall not hold a Standard License to any of your Content other than the text-based reviews and associated bubble ratings you post (as to which the Atithiadvisor.com (2M Softwares) Companies shall continue to be granted a Standard License), but shall be granted a “Restricted License” as to the balance of your Content as defined below:
The Atithiadvisor.com (2M Softwares) Companies offer you the ability to search for, select, and book travel reservations with third-party suppliers either by directly connecting with the suppliers or without leaving the Services. By booking travel reservations via the websites, you will become an Account Holder if you are not one already.
By booking via the websites or by directly connecting with the suppliers and / or Hosts, you acknowledge that you accept the practices described in our Privacy Policy and this Agreement. In addition, you warrant, either in your individual capacity or as a Business Representative, that you are 18 years of age or older, that you possess the legal authority to enter into this Agreement and use the Services (including the Atithiadvisor.com (2M Softwares) Companies’ booking facilitation services) in accordance with this Agreement, and that all information you supply is true and accurate. You further agree that you will use the Atithiadvisor.com (2M Softwares) Companies’ booking facilitation services only to make legitimate reservations for you or others for whom you are legally authorized to act. Any false or fraudulent reservation is prohibited, and any user who attempts such a reservation may have his or her account terminated. You also agree and accept that Atithiadvisor.com (2M Softwares) is not liable for any misconduct, misrepresentation and / or fraud committed by the supplier / vendor.
AS A USER OF THE SERVICES, INCLUDING Atithiadvisor.com (2M Softwares) COMPANIES’ BOOKING FACILITATION SERVICES, YOU UNDERSTAND AND AGREE THAT: (1) THE Atithiadvisor.com (2M Softwares) COMPANIES WILL NOT HAVE ANY LIABILITY TO YOU OR OTHERS FOR ANY UNAUTHORIZED TRANSACTIONS MADE USING YOUR PASSWORD OR ACCOUNT; AND (2) THE UNAUTHORIZED USE OF YOUR PASSWORD OR ACCOUNT COULD CAUSE YOU TO INCUR LIABILITY TO Atithiadvisor.com (2M Softwares), ITS CORPORATE AFFILIATES AND/OR OTHERS.
When you book a reservation facilitated by the Atithiadvisor.com (2M Softwares) Companies, your payment information will be collected and transmitted to the supplier to complete the transaction, as described in our Privacy Policy. Please note that the supplier, not the Atithiadvisor.com (2M Softwares) Companies, is responsible for processing your payment and fulfilling your reservation.
When you book a reservation using information provided by the Host on Atithiadvisor.com (and not through booking facilitation services provided) then Athithiadvisor.com (2M Softwares) in not responsible for the same under any scope.
The Atithiadvisor.com (2M Softwares) Companies will not interfere with reservations arbitrarily, but reserve the right to withdraw booking facilitation services because of certain extenuating circumstances, such as when a reservation is no longer available or when we have reasonable cause to suspect that a reservation request may be fraudulent. The Atithiadvisor.com (2M Softwares) Companies also reserve the right to take steps to verify your identity to process your reservation request.
In the unlikely event that a reservation is available when you place an order but becomes unavailable prior to check-in, your sole remedy will be to contact the supplier to make alternative arrangements or to cancel your reservation.
The Atithiadvisor.com (2M Softwares) Companies are not travel agencies and do not provide or own transportation services, accommodations, restaurants, tours, activities or experiences. AlthoughAtithiadvisor.com (2M Softwares) Companies display information about properties owned by third-party suppliers and facilitate reservations with certain suppliers on or through the Atithiadvisor.com (2M Softwares) Companies’ websites, such actions do not in any way imply, suggest, or constitute the Atithiadvisor.com (2M Softwares) Companies’ sponsorship or approval of third-party suppliers, or any affiliation between the Atithiadvisor.com (2M Softwares) Companies and third-party suppliers. Although Account Holders may rate and review based on their own experiences, the Atithiadvisor.com (2M Softwares) Companies do not endorse or recommend the products or services of any third-party suppliers, save that Atithiadvisor.com (2M Softwares) does issue certain businesses awards that are based on the reviews posted by Account Holders. The Atithiadvisor.com (2M Softwares) Companies do not endorse any Content posted, submitted or otherwise provided by any user or business, or any opinion, recommendation, or advice expressed therein, and the Atithiadvisor.com (2M Softwares) Companies expressly disclaim any and all liability in connection with such Content. You agree that the Atithiadvisor.com (2M Softwares) Companies are not responsible for the accuracy or completeness of information they obtain from third-party suppliers and display on the Services.
If you book a reservation with a third-party supplier, then in addition to this Agreement, you agree to review and be bound by the supplier’s terms and conditions of purchase and website use, privacy policy, and any other rules or policies related to the supplier’s site or property. Your interactions with third-party suppliers are at your own risk. Atithiadvisor.com (2M Softwares) Companies will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any third-party suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting from your interactions with third-party suppliers.
The Services may link you to supplier sites or other sites that Atithiadvisor.com (2M Softwares) does not operate or control. For further information, please refer to the “Links to Third-Party Sites” section below.
Some of Atithiadvisor.com (2M Softwares)’s corporate affiliates act as marketplaces to facilitate travellers’ ability to (1) enter into Accommodations / vacation rental agreements with property owners and managers (“Accommodations Rentals”), (2) make reservations for their restaurants (“Restaurants”) and/or (3) make reservations for their tours, activities and attractions (variously, “Experiences”) with third-party suppliers of such Experiences (each such supplier of a vacation rental and/or Experience to be referred to as an “Advertiser”). Those corporate affiliates of Atithiadvisor.com (2M Softwares) syndicate their advertisements to other entities within the Atithiadvisor.com (2M Softwares) Companies group and that is why you see them on the Atithiadvisor.com (2M Softwares) Companies’ websites. As a user, you must be responsible for your use of the Services (including, in particular, the Atithiadvisor.com (2M Softwares) Companies’ websites), and any transaction involving Accommodations Rentals, Restaurants or Experiences facilitated by Atithiadvisor.com (2M Softwares)’s corporate affiliates. We do not own, manage, or contract for any Accommodation Rental, Restaurant or Experience listed on the Services.
Because neither Atithiadvisor.com (2M Softwares) nor its corporate affiliates are parties to Accommodations Rental transactions, Restaurant reservations or Experience-related transactions between travellers and Advertisers, any dispute or conflict involving an actual or potential transaction between you and an Advertiser, including the quality, condition(s), safety or legality of a listed Accommodation Rental, Restaurant or Experience, the accuracy of the listing Content, the Advertiser’s ability to rent a AccommodationRental property, provide you with a reservation, meal or other service at a Restaurant or provide an Experience, or your ability to pay for aAccommodation Rental property, a Restaurant meal or service or an Experience, is solely the responsibility of each user.
One of Atithiadvisor.com (2M Softwares)’ corporate affiliates may act as an Advertiser’s limited agent solely for the purpose of transmitting your payment to the Advertiser. You agree to pay an Advertiser, or a Atithiadvisor.com (2M Softwares) corporate affiliate acting as limited payment collection agent on behalf of an Advertiser, any specified fee(s) charged by the Advertiser for any Accommodation Rental reservation or Experience.
For further information on Accommodation Rental fees, security deposits, fees for Experiences, payment processing, refunds and the like, please consult our affiliates’ terms and conditions, you will have to acknowledge and agree to its terms and conditions, as well as its privacy policy.
If you enter into a dispute with an Advertiser, resolving that dispute as per the jurisdiction is sole responsibility of the Advertiser and you, Atithiadvisor.com (2M Softwares) is not liable for anything here whatsoever.
PLEASE READ THIS SECTION CAREFULLY. THIS SECTION LIMITS THE Atithiadvisor.com (2M Softwares) COMPANIES’ LIABILITY TO YOU FOR ISSUES THAT MAY ARISE IN CONNECTION WITH YOUR USE OF THE SERVICES. IF YOU DO NOT UNDERSTAND THE TERMS IN THIS SECTION OR ELSEWHERE IN THIS AGREEMENT, PLEASE CONSULT A LAWYER FOR CLARIFICATION BEFORE ACCESSING OR USING THE SERVICES.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON OR OTHERWISE PROVIDED VIA THE SERVICES MAY INCLUDE INACCURACIES OR ERRORS, INCLUDING RESERVATION AVAILABILITY AND PRICING ERRORS. THE Atithiadvisor.com (2M Softwares) COMPANIES DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIMS ALL LIABILITY FOR, ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION / RATINGS / REVIEWS SHARED BY HOSTS, INFORMATION AND DESCRIPTION OF THE ACCOMODATION, EXPERIENCES, ANY OTHER TRAVEL PRODUCTS DISPLAYED ON THE SERVICES (INCLUDING, WITHOUT LIMITATION, THE PRICING, AVAILABILITY, PHOTOGRAPHS, LIST OF ACCOMODATION, EXPERIENCE, OR OTHER TRAVEL PRODUCT AMENITIES, GENERAL PRODUCT DESCRIPTIONS, REVIEWS AND RATINGS, ETC.). IN ADDITION, THE Atithiadvisor.com (2M Softwares) COMPANIES EXPRESSLY RESERVE THE RIGHT TO CORRECT ANY AVAILABILITY AND PRICING ERRORS ON THE SERVICES AND/OR ON PENDING RESERVATIONS MADE UNDER AN INCORRECT PRICE.
Atithiadvisor.com (2M Softwares) MAKES NO REPRESENTATIONS OF ANY KIND ABOUT THE SUITABILITY OF THE SERVICES, INCLUDING THE INFORMATION CONTAINED ON ITS WEBSITES OR ANY PORTION THEREOF, FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICE OFFERINGS ON ITS WEBSITES OR OTHERWISE THROUGH THE SERVICES DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICE OFFERINGS BY Atithiadvisor.com (2M Softwares), NOTWITHSTANDING ANY AWARDS DISTRIBUTED BASED ON USER REVIEWS. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICE OFFERINGS MADE AVAILABLE BY OR THROUGH THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. Atithiadvisor.com (2M Softwares) DISCLAIMS ALL WARRANTIES, CONDITIONS, OR OTHER TERMS OF ANY KIND THAT THE SERVICES, ITS SERVERS OR ANY DATA (INCLUDING EMAIL) SENT FROM Atithiadvisor.com (2M Softwares), ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, Atithiadvisor.com (2M Softwares) HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND THE SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OR TERMS OF ANY KIND AS TO OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET POSSESSION AND NONINFRINGEMENT.
THE Atithiadvisor.com (2M Softwares) COMPANIES ALSO EXPRESSLY DISCLAIM ANY WARRANTY, REPRESENTATION, OR OTHER TERM OF ANY KIND AS TO THE ACCURACY OR PROPRIETARY CHARACTER OF THE CONTENT AVAILABLE BY AND THROUGH THE SERVICES.
THE THIRD PARTY SUPPLIERS PROVIDING ACCOMODATIONS, RENTALS, EXPERIENCES, RESTAURANTS, OR TRAVEL OR OTHER SERVICES ON OR THROUGH THE SERVICES ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF THE Atithiadvisor.com (2M Softwares)COMPANIES. THE Atithiadvisor.com (2M Softwares) COMPANIES ARE 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 THEREFROM. Atithiadvisor.com (2M Softwares) HAS NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND ITS DIRECT CONTROL, AND IT HAS NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
SUBJECT TO THE FOREGOING, YOU USE THE SERVICES AT YOUR OWN RISK AND IN NO EVENT SHALL THE Atithiadvisor.com (2M Softwares) COMPANIES (OR THEIR OFFICERS, DIRECTORS AND/OR EMPLOYEES) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL LOSSES OR DAMAGES OR ANY LOSS OF INCOME, PROFITS, GOODWILL, DATA, CONTRACTS, USE OF MONEY, OR LOSS OR DAMAGES ARISING FROM OR CONNECTED IN ANY WAY TO BUSINESS INTERRUPTION OF ANY TYPE ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THE SERVICES OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THE SERVICES (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON REVIEWS AND OPINIONS APPEARING ON OR THROUGH THE SERVICES; ANY VIRUSES, BUGS, TROJAN HORSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THE SERVICES (INCLUDING, BUT NOT LIMITED TO ANY Atithiadvisor.com (2M Softwares) COMPANIES’ SYNCRONIZATION PRODUCT); PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF THE SERVICES’ SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THE SERVICES) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF Atithiadvisor.com (2M Softwares) OR ITS CORPORATE AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If the Atithiadvisor.com (2M Softwares) Companies are found liable for any loss or damage that arises out of or is in any way connected with your use of the Services, then the Atithiadvisor.com (2M Softwares) Companies’ liability will in no event exceed, in the aggregate, the greater of (a) the transaction fees paid to the Atithiadvisor.com (2M Softwares) Companies for the transaction(s) on or through the Services giving rise to the claim, or (b) One-Thousand Rupees (INR Rs.1000.00)
The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of the Atithiadvisor.com (2M Softwares) Companies.
THESE TERMS AND CONDITIONS AND FOREGOING LIABLITY DISCLAIMER DO NOT AFFECT MANDATORY LEGAL RIGHTS THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW, FOR EXAMPLE UNDER CONSUMER PROTECTION LAWS IN PLACE IN CERTAIN COUNTRIES.
IF THE LAW OF THE COUNTRY WHERE YOU LIVE DOES NOT ALLOW ANY PARTICULAR LIMITATION OR EXCLUSION OF LIABILITY PROVIDED FOR IN THIS CLAUSE, THAT LIMITATION WILL NOT APPLY. THE LIABILITY DISCLAIMER WILL OTHERWISE APPLY TO THE MAXIMUM EXTENT ALLOWED BY YOUR LOCAL LAW.
You agree to defend and indemnify the Atithiadvisor.com (2M Softwares) Companies and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
The Services may contain hyperlinks to websites operated by parties other than the Atithiadvisor.com (2M Softwares) Companies. Such hyperlinks are provided for your reference only. The Atithiadvisor.com (2M Softwares) Companies do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this or any other website) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. The Atithiadvisor.com (2M Softwares) Companies’ inclusion of hyperlinks to such websites does not imply any endorsement of the material on such third party websites or apps or any association with their operators.
In some cases, you may be asked by a third party site or app to link your Atithiadvisor.com (2M Softwares) account profile to a profile on another third party site. You are responsible for deciding if you choose to do so, it is purely optional, and the decision to allow this information to be linked can be disabled (with the third party site or app) at any time. If you do choose to link your Atithiadvisor.com (2M Softwares) account to a third party site or app, the third party site or app will be able to access the information you have stored on your Atithiadvisor.com (2M Softwares) account, including information regarding other users with whom you share information. You should read the terms and conditions and privacy policy of the third party sites and apps that you visit as they have rules and permissions about how they use your information that may differ from the Services, including our websites. We encourage you to review these third party sites and apps and to use them at your own risk.
Software from the Services is further subject to Export controls of India. No software from the Services may be downloaded or otherwise exported or re-exported (a) into (or to a national or resident of) any other country to which India has embargoed goods, or (b) to anyone on the Indian Treasury Department list of Specially Designated Nationals or the Indian Commerce Department's Table of Deny Orders. By using the Services, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
As noted above, the Services include software, which at times may be referred to as “apps”. Any software that is made available to download from the Services ("Software") is the copyrighted work of Atithiadvisor.com (2M Softwares) or other party as identified. Your use of such Software is governed by the terms of the end user license agreement, if any, which accompanies, or is included with, the Software. You may not install or use any Software that is accompanied by or includes a license agreement unless you first agree to the terms of such license agreement. For any Software made available for download by way of the Services and which is not accompanied by a license agreement, we hereby grant to you, the user, a limited, personal, nontransferable license to use the Software for viewing and otherwise using the Services in accordance with this Agreement’s terms and conditions (including those policies referenced herein) and for no other purpose.
Please note that the Software, including, without limitation, all HTML, XML, Java code and Active X controls contained in the Services, is owned or licensed by Atithiadvisor.com (2M Softwares), and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Portions of Atithiadvisor.com (2M Softwares) mobile software may use copyrighted material, the use of which Atithiadvisor.com (2M Softwares) acknowledges. In addition, there are specific terms that apply to use of certain Atithiadvisor.com (2M Softwares) mobile applications. Please visit the Mobile Licenses page for notices specific to Atithiadvisor.com (2M Softwares) mobile applications.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT OR THIS AGREEMENT (AS APPLICABLE).
Atithiadvisor.com (2M Softwares), the Elephant logo, the ratings stars and all other product or service names or slogans displayed on the Services are registered and/or common law trademarks of Atithiadvisor.com (2M Softwares) LLC and/or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Atithiadvisor.com (2M Softwares) or the applicable trademark holder. In addition, the look and feel of the Services, including our websites, as well as all page headers, custom graphics, button icons and scripts related to same, is the service mark, trademark and/or trade dress of Atithiadvisor.com (2M Softwares) and may not be copied, imitated or used, in whole or in part, without the prior written permission of Atithiadvisor.com (2M Softwares). All other trademarks, registered trademarks, product names and company names or logos mentioned on the Services are the property of their respective owners. Except to the extent noted elsewhere in this Agreement, reference to any products, services, processes or other information, by trade name, trademark,manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Atithiadvisor.com (2M Softwares).
All rights reserved. Atithiadvisor.com (2M Softwares) is not responsible for content on websites operated by parties other than Atithiadvisor.com (2M Softwares).
Atithiadvisor.com (2M Softwares) operates on a "notice and takedown" basis. If you have any complaints or objections to Content, including user messages posted on the Services, or if you believe that material or content posted on the Services infringes a copyright that you hold, please contact us immediately. We follow a notice and takedown procedure. Once this procedure has been followed, Atithiadvisor.com (2M Softwares) will respond to valid and properly substantiated complaints by making all reasonable efforts to remove manifestly illegal content within a reasonable time.
You certify that your review is honest and personal based on your own experience. That you have not been offered any payment or incentive to influence your honest experience before writing the review. That you are not associated with any agency that markets any product/service/brand in any manner.
The successful functioning of AtithiAdvisor.com (including the Trusted Circle system) depends, in part, on users telling each other the truth and nothing but the truth about who they are. Thus, you may not (a) establish more than one account (even if the accounts are created using different email addresses or established through co-branded sites), (b) provide incomplete or inaccurate registration information, (c) fail to update your registration information if it changes, (d) select a Member ID deliberately intended to mislead others about your identity or that infringes a third party's intellectual property rights, (e) select a photo to identify yourself that deliberately misleads others about your identity, or (f) You may not share your account (or the associated password) with anyone else. AtithiAdvisor.com may assume that all activities made using your Member ID and password are authorized by you only.
Because your privacy is very important to AtithiAdvisor.com, the site offers you a number of choices to facilitate decisions about how you would like AtithiAdvisor.com to use and disclose your personal information. By accepting this Agreement, you expressly consent to AtithiAdvisor.com's disclosure and use of your personal information (including using email to communicate with you) as described in the then-current Privacy Statement, which is incorporated herein by reference.
Atithiadvisor.com (2M Softwares) may change, add or delete these terms and conditions of this Agreement or any portion thereof from time to time in its sole discretion where we deem it necessary for legal, general regulatory and technical purposes, or due to changes in the Services provided or nature or layout of Services. Thereafter, you expressly agree to be bound by the terms and conditions of this Agreement as amended.
Atithiadvisor.com (2M Softwares) Companies may change, suspend or discontinue any aspect of the Services at any time, including availability of any of the Services’ features, databases or Content. Atithiadvisor.com (2M Softwares) Companies may also impose limits or otherwise restrict your access to all or parts of the Services without notice or liability for technical or security reasons, to prevent against unauthorized access, loss of, or destruction of data or where Atithiadvisor.com (2M Softwares) and/or its corporate affiliates consider(s) in its/their sole discretion that you are in breach of any provision of this Agreement or of any law or regulation and where Atithiadvisor.com (2M Softwares) and/or its corporate affiliates decide to discontinue providing any aspect of the Services.
YOUR CONTINUED USE OF THE SERVICES NOW, OR FOLLOWING THE POSTING OF ANY SUCH NOTICE OF ANY CHANGES, WILL INDICATE ACCEPTANCE BY YOU OF SUCH MODIFICATIONS. Atithiadvisor.com (2M Softwares) may terminate this Agreement with you at any time, without advanced notice, where it believes in good faith that you have breached this Agreement or otherwise believes that termination is reasonably necessary to safeguard the rights of the Atithiadvisor.com (2M Softwares) Companies and/or others users of the Services. That means that we may stop providing you with Services.
his website is owned and controlled by Atithiadvisor.com (2M Softwares)an Indian Partnership Firm. This Agreement is governed in all respects by the laws of Republic of India as such laws are applied to agreements entered into and to be performed entirely within India between Indian residents. Any controversy or claim arising out of or relating to this Agreement or the AtithiAdvisor.com site shall be settled by binding arbitration in accordance with the the Indian Arbitration Act 1996. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Chandigarh, India and judgment on the arbitration award may be entered into any court having jurisdiction thereof. The award of the arbitrator shall be final and binding upon the parties without appeal or review. Notwithstanding the foregoing, AtithiAdvisor.com may seek any interim or preliminary relief from a court of competent jurisdiction in Chandigarh, India. AtithiAdvisor.com at its option, may bypass arbitration in cases of fraud or other crimes against itself, interference with its technical operations or violations of its rights or property.
This Agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of India. You hereby consent to the exclusive jurisdiction and venue of courts in Chandigarh, India and stipulate to the fairness and convenience of proceedings in such courts for all disputes, both contractual and non-contractual, arising out of or relating to the use of the Services by you or any third party. You agree that all claims you may have against Atithiadvisor.com (2M Softwares) arising from or relating to the Services must be heard and resolved in a court of competent subject matter jurisdiction located in the Chandigarh, India. Use of the Services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph. Nothing in this clause shall limit the right of Atithiadvisor.com (2M Softwares) to take proceedings against you in any other court, or courts, of competent jurisdiction.
You shall comply with all laws and regulations applicable to your access and use of the site and your publication of your Content. If any portion of this Agreement is deemed unenforceable, that portion shall be enforced to the maximum extent possible and the remaining portions of the Agreement shall be given full effect. AtithiAdvisor.com's failure to act in a particular circumstance does not waive the ability to act with respect to that circumstance or similar circumstances. AtithiAdvisor.com shall be excused for any failure to perform to the extent that its performance is prevented by any reason outside of its control. No agency, partnership, joint venture, employment or franchise relationship is intended or created by this Agreement. AtithiAdvisor.com may change, remove, or require registration or payment to continue use of, any aspect of the site and service at any time without further notice to you. AtithiAdvisor.com's suppliers and co-brand partners are third-party beneficiaries of this Agreement.
We reserve the right to reclaim any username, account name, nickname, handle or any other user identifier for any reason without liability to you. You agree that no joint venture, agency, partnership, or employment relationship exists between you and Atithiadvisor.com (2M Softwares) and/or its corporate affiliates as a result of this Agreement or use of the Services. Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of the Services or information provided to or gathered by us with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of the Services within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions in this Agreement shall continue in effect.
This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and Atithiadvisor.com (2M Softwares) with respect to the Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Atithiadvisor.com (2M Softwares) with respect to the Services. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
The terms and conditions of this Agreement are available in language of the Atithiadvisor.com (2M Softwares) websites and/or apps on which Services may be accessed.
The websites and/or apps on which Services may be accessed may not always be updated on a periodic or regular basis and consequently are not required to register as editorial product under any relevant law.
Fictitious names of companies, products, people, characters, and/or data mentioned in, on or through the Services are not intended to represent any real individual, company, product, or event.
Nothing in this Agreement shall be deemed to confer any third-party rights or benefits, save that Atithiadvisor.com (2M Softwares)’s corporate affiliates shall be deemed express third party beneficiaries of this Agreement. You are prohibited from transferring any of your rights or obligations under this Agreement to anyone else without our consent. Any rights not expressly granted herein are reserved.
Parental control protections (such as computer hardware, software and filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.
If you are an individual non-corporate member, AtithiAdvisor.com does not charge you any fees to use its services (although this may change at any time). However, any expenses (such as hardware, software and Internet access costs) or taxes you incur to access the site shall be your sole responsibility. AtithiAdvisor.com currently offers various paid services. For example, AtithiAdvisor.com charges a fee for use of its Brand Pulse services, Media and Advertising services ("Paid Services"). You must comply with and pay all applicable taxes associated with the paid services.
At Atithiadvisor.com (2M Softwares), we've created a community where “hosts” members can submit and read one another's “guests” (Atithi) reviews and plan their service, marketing and approach to the “guests”. Once in a while, someone will try to game our system by attempting to post a fake review, so we thought it would be helpful to share our approach, our policies, and the actions we take to identify, block, and remove fraudulent reviews. Here's what we believe.
At Atithiadvisor.com (2M Softwares), our members can submit reviews / ratings of their “Guest” experiences stayed with them.
The Atithiadvisor.com (2M Softwares) community has a wealth of valuable experience, and every one of our user should feel confident sharing their opinions. We are attempting to create a platform where “Host” can share and read reviews / ratings of their “guests” and hence “know your guest” before they check in and enhance their experience. Alternatively “guests” can get rewarded for maximum good ratings and avail benefits given by hosts. With one of its kind of unique platform for hosts, you have a fundamental right to talk about that experience with others. We are immensely proud of the community are building built which helps both hospitality fraternity, even guests and travel community .
We believe every experience counts and every small effort builds a strong community. Not just the ones who have made reservation but all who have checked in along, all of them should be reviewed / rated. That's what Atithiadvisor.com (2M Softwares) stands for.
“Guests” (Atithi) are the main pillars of the industry and we at Atithiadvisor.com (2M Softwares) believe to enhance their stay and travel experience by providing various customisations,focussed services , and many benefits like discounts, upgrades etc to them.
Because we believe in promoting personal experiences, we do not take lightly the decision to remove a review from our site. It might be easier to give in to censorship and remove reviews that a guest / business owner disagrees with. But it goes against what we stand for, which is the right for genuine hosts to share their experiences.
In keeping with this philosophy, while we do require reviewers to certify that they are reviewing their own experiences before they can submit their review to Atithiadvisor.com (2M Softwares), we don’t seek third-party verification.
We have unique processes of Rating on pre-set parameters, to avoid conflict and moderating the content submitted to Atithiadvisor.com (2M Softwares) is not displayed to the guests. Wehave proprietary algorithms that calculate a hosts' and Guests’ (Atithis’) rank, to ascertain “Host of the Month” and “Guest (Atithi) of the Month”. Those processes and algorithms are applied in the same way to all content, complaints and properties. We never have and never will give our advertisers or anyone else preferential treatment.
Hosts rely heavily on reviews when making business decisions. Unfortunately some unscrupulous entities will try to cheat in order to get higher reviews / ratings. We define “cheating” as hosts positively reviewing guests (or finding others to do so on their behalf) in lieu of some benefits.
These activities constitute fraud. Posting fake reviews violates the Atithiadvisor.com (2M Softwares) Terms of Use, as well as unfair to the audience, also violates consumer protection laws in many countries. We invest massive amounts of time, effort and money into identifying and blocking fraudulent activity on our site.
We believe consumers have the right to know what other Atithiadvisor.com (2M Softwares) users are saying.
With so many hospitality service providers across the world Atithiadvisor.com (2M Softwares) is an attempt to share their side of the story, their experience with their guests. Atithiadvisor.com is also attempting to build a community of hosts of different type where they can share and read the reviews. Atithiadvisor.com (2M Softwares) is also focussing on benefits to the Guests, as they are primary entity. With beginning in India now, we look forward to expand across the globe. We're confident that we're taking the right steps to keep our content fresh and useful.