Introduction

Men At Work Hospitality And Entertainment Private Limited and Klub Khavana resort is pleased to welcome you and we are excited to serve you and provide you with an unforgettable experience. While we will do our very best to ensure that your time at Klub Khavana Resort is pleasant, there are some things that we want you to understand before arriving at Klub Khavana Resort. If you have any questions about the terms and conditions listed below, please do not hesitate to contact us at any time. For the purpose of these terms and conditions, Klub Khavana Resorts and its staff are understood to be the resort run by the staff of Men At Work Hospitality And Entertainment Private Limited.

The terms and conditions set out below (“Conditions”) apply to your use of the website including the use of the information services offered on the website.

materials, or contents, you shall be deemed to have agreed to each and all the Conditions and notices in this website without modification. Further, you agree to be bound by these Conditions so please carefully read this section before proceeding. If you do not accept these Conditions, you must refrain from using the website. These Conditions must be read in conjunction with any other applicable terms and conditions governing the use of the website.

Website

The website makes available information relating to hotels and resorts owned or managed by the Men At Work Hospitality And Entertainment Private Limited, a company constituted under the laws of India.

Trademarks

The Website contains the name &logo, of “Klub Khavana” owned by Men At Work or licensed to Men At Work to distinguish its services and products (collectively referred to as “Men At Work Intellectual Property”). Men At Work Intellectual Property is protected from copying and simulation under national and international laws and may not be reproduced, copied or otherwise used in any manner whatsoever, on any material whether tangible or intangible, without the express prior written permission and consent of Men At Work.

Without limitation, you must not use any of the said name or logo, either alone or in conjunction or combination or variation with other trade and service marks, logos and devices:

  • In or as the whole or part of your own trademarks;
  • In connection with activities, products or services which are not undertaken or provided by Men At Work;
  • In a manner which may be confusing, misleading or deceptive; or
  • In a manner that disparages Men At Work or its information, products or services (including the website).

Nothing contained on the website should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any of the trademarks without the written permission of Men At Workor such other party that may own the trademarks.

Copyright

The website, including each of its modules, is the copyrighted property of Men At Work. The information, text, graphics, images, photographs, videos, sounds, links and all other information and software published or otherwise contained in the website (“Information”) is owned exclusively by Men At Work and except as specifically provided in these Conditions may not be copied, distributed, displayed, reproduced or transmitted, in any form or by any means whether electronic, mechanical, photocopying, recording, or otherwise, without the prior written approval of Men At Work.

Without limitation you may not, without such approval from Men At Work, create derivative works from any part of the website or commercialise any Information, products or services obtained from any part of the website. Information procured from a third party may be the subject of copyright owned by that third party. Unauthorized use of the website and/or the materials contained on the website may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials. The use of such materials on any other website or in any environment of networked computers is strictly prohibited.

Your use

The website is for your personal non‐commercial use and the Information may be downloaded or printed by you solely for that purpose. You may only use the website if you are at least 18 (eighteen) years of age and can enter into binding contracts (the website is not available for use by minors). You are responsible for maintaining the secrecy of your passwords, login and account information. You will be financially accountable for all uses of the website by you and anyone using your password and login information. The right to use the Information is a license only, not a transfer of title, and is subject to the following restrictions:

  • The information may not be used for any commercial purpose or public display, performance, sale or rental.
  • No copyright or other proprietary notices may be removed:
  • The information may not be transferred to another person;
  • Software may not be interfered with in any manner;
  • Every person downloading, reproducing or otherwise using the Information must prevent any unauthorized copying of the Information;
  • You will only use the information for lawful purposes and in accordance with these Conditions.

In addition, you agree that you will not use robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein, without the prior written consent of Men At Work (such content is deemed given for standard search engine technology employed by internet search websites to direct internet users to the website).

Information

Men At Workstrives to ensure that the information is accurate and reliable. You accept that all Information provided on the website or any other material accessed through the website including via any Linked website (refer Condition 8) is general information and is not in the nature of advice.

You also accept that all of the Information is provided on an “as is” basis and to the extent permitted by law, is provided without any warranty, representation or condition of any kind whether express, implied, statutory or otherwise. You assume all responsibility and risk for your use of or reliance upon Information and the website or any other material accessed through the website including via any Linked website.

Whilst Men At Workseeks to ensure that the Information is reliable and accurate, errors and omissions may occur and therefore, to the extent permitted by law, Men At Workdoes not make or give any representation or warranty (express or implied) of any kind as to any matter relating to the website and any Linked website, including without limitation, as to merchantability, non-infringement of intellectual property rights or fitness for purpose.

In particular Men At Work does not warrant that:

  • The Information or any other material accessed through the website including via any Linked website is reliable, accurate or complete including, without limitation, information relating to prices and availability; or
  • Your access to Information or any other material accessed through the website including via any Linked website will be uninterrupted, timely or secure.

Men At Workis not liable for any loss (direct or indirect) resulting from any action taken or reliance made by you on the Information or any other material accessed through the website including via any Linked website. You should make your own inquiries and seek independent professional advice before acting or relying on any such information or material.

Men At Workmay from time to time update, modify or add to the Information, including these Conditions and absolutely reserves the right to make such changes without any obligation to notify past, current or prospective users of the website. Unless otherwise specified to the contrary all new Information shall be subject to these Conditions.

Men At Work does not guarantee that the website will operate continuously or without interruption or be error free. Men At Workmay suspend or discontinue any aspect of the website at any time without being liable for any direct or indirect loss as a result of such action.

Liability Disclaimer & Exclusion

In no event shall Men At Workbe responsible for any direct, indirect, special, incidental or consequential loss or damage, however arising and whether in contract, tort or otherwise, which you may suffer in connection with or arising out of:

  • Your use of the website or any Linked website; or
  • Your use of or reliance on Information or any other material accessed through thewebsite including via any Linked website including without limitation, loss or damage by way of loss of profits, loss of business opportunity, business interruption or loss of information.

These Conditions do not purport to exclude liability arising by any applicable law if, and to the extent, such liability cannot be lawfully excluded, however, to the extent permitted by law, all warranties, terms or conditions which would otherwise be implied into these Conditions are hereby excluded.

Where applicable law implies any warranty, term or condition, and that law prohibits exclusion or modification of any such warranty, term or condition, then the liability of Men At Work shall include liability for any breach of such warranty, term or condition but, to the extent permitted by law, the remedy for such breach will be limited as follows:

  • If the breach related to services the remedy will be limited to the supply of the services again or payment of the cost of having the services supplied again; and
  • If the breach related to products and the products can be repaired the remedy will be limited to repair of such products or payment of the costs of having the products repaired, but otherwise, replacement of the products or the supply of equivalent products or payment of the cost of replacing the products or of acquiring equivalent products.

The limitation of liability applies whether the alleged liability is based on contract, tort, negligence, strict liability or any other basis even if we have been advised of the possibility of such damage.

If you are dissatisfied with the use of the website, or any of the products, services, members, suppliers and/ or buyer offered in connection therewith or associated therewith, as the case may be, your sole and exclusive remedy shall be to discontinue use of the website.

Specific Warnings

You must ensure that your access to and your use of the website is not illegal or prohibited by laws which apply to you.

You must take your own precautions that the process which you employ for accessing the website does not expose you to the risk of virus, corrupted data, worms, other instructions or design that would erase data or programming or cause the website or any equipment or system to become inoperable or incapable of being used in the full manner for which it was designed, or be subjected to malicious computer code, computer program routine or process or other forms of interference which may damage your computer system. Without limitation, you are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use the website and is compatible with the website. For the removal of doubt, Men At Workdoes not accept responsibility for any interference or damage to your computer system which arises in connection with your use of the website or any Linked website.

Men At Workdoes not guarantee or warrant that any material available for downloading from the website or any Linked website will be free from any virus, infection or other condition which has contaminating or destructive properties. You are responsible for taking sufficient precautions and checks to satisfy your own particular requirements for accuracy of data input and output.

You must ensure that any information which you provide to Men At Workis accurate and complete and does not contain any virus, malicious computer code, computer program routine or process or other form of interference which may damage the computer system of Men At Workor the Information or which may detrimentally interfere with or surreptitiously intercept or expropriate any Men At Worksystem, data or information.

Linked Websites

The website may contain links to other websites (“Linked Websites”). Those links are provided for convenience only. Men At Workprovides such links solely as a convenience to you and for information purposes only. Men At Workhas not reviewed all of the information on these other websites.

You acknowledge and agree that Men At Workdoes not have any control over the content or availability of Linked Websites and accepts no responsibility for the content, privacy practices or any other aspect of Linked Websites.

Links with Linked Websites should not be construed as an endorsement, approval or recommendation by Men At Work of the owners or operators of those Linked Websites, or of any information, graphics, materials, products or services referred to or contained on those Linked Websites, unless and then only to the extent expressly stipulated to the contrary. If you decide to access the Linked Websites, you do so at your own risk.

Hotel reservations

The reservations feature of the website is provided solely to assist customers in determining the availability of travel related services and products and to make legitimate reservations and for no other purpose.

You warrant that you are at least 18 years of age, possess the legal authority to enter into the legal agreement constituted by your acceptance of these Conditions and to use the website in accordance with such Conditions. You agree to supervise all usage by minors of this website under your name or account. You also warrant that all information supplied by you or members of your household in using this website is true and accurate and without limitation, or any false or fraudulent reservations.

You agree to be financially responsible for your use of the website including without limitation for all reservations made by you or on your account for you, whether authorized by you or not. For any reservations or other services for which fees may be charged you agree to abide by the terms or conditions of supply including without limitation payment of all moneys due under such terms or conditions.

The website contains details of hotel charges and room rates (including any available special offers) for hotels and resorts owned or managed by Men At Work.

Hotel reservation terms and conditions of booking are set out on the Men At Work and payment will be in accordance with the procedure set out in such terms and conditions.

You agree that you will make only legitimate reservations in good faith for use by you and your invited guests only, and not for other purposes, including without limitation, reselling, impermissibly assigning or posting on third party websites or making speculative, false or fraudulent reservations, or any reservation in anticipation of demand.

No contract will subsist between you and Men At Workin respect of any services or products offered through the website unless and until Men At Work accepts your order by e‐mail or automated confirmation through the website confirming that it has accepted your reservation, booking or order and any such contract shall be deemed to incorporate the hotel reservation terms and conditions of booking. Any other relevant terms and conditions relating to particular services or products are set out in the website.

You undertake that all details you provide to in connection with any services or products which may be offered by Men At Work on the website (including hotel room reservations) will be correct and, where applicable, the credit card which you use is your own and that there are sufficient funds to cover the cost of any services or products which you wish to purchase. Men At Work reserves the right to obtain validation of your credit card details before providing you with any services or products.

Termination of Access

If you breach any of these Conditions your license to use the website will terminate immediately without the necessity of any notice being given to you. Otherwise access to the website may be terminated at any time by Men At Work without notice.

The provisions of these Conditions excluding, limiting and disclaiming the liability of Men At Work will nevertheless survive any such termination.

Indemnification

You agree to indemnify and defend and hold us and our subsidiaries, affiliates, officers, directors, agents and employees harmless from any claim or demand, made by any third party due to or arising out of your breach of this agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party. Men At Work’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.

Communication

With respect to all communications made to Men At Work on or through the website including, without limitation, feedback, questions, comments and suggestions (the “Communications”): (a) no right of confidentiality shall apply to the Communications and Men At Work shall have no obligation to protect the Communications from disclosure; (b) Men At Work shall be free to reproduce, use, disclose and distribute the Communications to others; and (c) Men At Work shall be free to use any ideas, concepts, know‐how or techniques contained in the Communications for any purpose whatsoever, including, without limitation, the development, production and marketing of products and services that incorporate such information.

General

Men At Work does not accept any liability for any failure by Men At Work to comply with these Conditions where such failure is due to circumstances beyond its reasonable control. If Men At Work waives any rights available to it under these Conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.

If any of these Conditions are invalid, unenforceable or illegal for any reason, the remaining Conditions shall nevertheless continue in full force.

You are completely responsible for all charges, fees, duties, taxes and assessments arising out of the use of the website.

Privacy

Men At Work respects the privacy of the users of this website. Your use of the website is subject to Men At Work Privacy Policy. If you would like to view the privacy practices please review our Privacy Policy available on the website. By using our site, you consent to your personal information being processed as set out in our Privacy Policy.

Governing Law

Substantive laws of the Republic of India

Arbitration

In the event of any dispute arising out of or in connection with the subject matter of this agreement, parties / guests agree to refer such dispute to arbitration to be conducted under the rules of the London Court of International Arbitration, India (“LCIA India”). Arbitration proceedings shall be conducted before a Sole Arbitrator to be mutually appointed by the parties. If parties are unable to agree on a sole arbitrator, such sole arbitrator shall be appointed as provided for under the LCIA India Rules. Seat of such arbitration shall be in Mumbai and proceedings shall be conducted in English. The decision of the arbitrator shall be final and binding.

Jurisdiction

Exclusive jurisdiction of the Courts in Mumbai

Return to website

To return to the website, click where indicated. By doing so, you acknowledge that you read, understood and accepted these Conditions.