General Notice
The below terms and conditions (‘Terms and Conditions’) regulates your use of this web site (‘web site’) owned and managed by Hayleys Leisure PLC (‘we/us/our’) located at www. …………, including all webpages, applications, contents, goods, services, features and functions provided or offered on or through this web site and shall govern your (‘you/your’) use of this web site, irrespective of whether you are accessing the web site on your own or on behalf of any other person.
By viewing, browsing, accessing, interacting or communicating with, engaging in transactions of any kind on or through (including but not limited to making reservations), and/or in any other manner utilizing this web site, you hereby agree to each and every one of these Terms and Conditions and waive any right to claim ambiguity or error in the Terms and Conditions. If you do not agree to each and every provision of the Terms and Conditions, please do not use the web site and you are not authorized to use the same.
We reserve the right, in our sole discretion, to modify and/or amend the Terms and Conditions at any time without any requirement to give notice to you. Unless otherwise indicated, such changes will become effective immediately upon the changes being published on the web site; therefore, we request you to please check the Terms and Conditions periodically. Your continued use of and/or access to the web site following the posting of such modifications and/or amendments to the Terms and Conditions, constitute your acceptance of all such changes. We shall also make improvements and/or changes in the products and/or services provided and/or offered by us and prices in respect thereto published on the web site, at our discretion.
We reserve the right to revoke and/or reject your access to the web site and the contents thereto (in full or part) without limitation, if you violate any provision of this Terms and Conditions or there is a threat of such violation by you, in our sole discretion.
Please note that additional terms and conditions may apply to making reservations and/or check in and/or check out arrangements, and/or engaging in purchases and/or other goods, services or activities on or through this web site. You agree to comply with the Terms and Conditions set forth herein and all such applicable additional terms and conditions.
Eligibility to use and access the web site
As a condition of your use of and/or access to the web site (i) you must be over 18 years of age; and (ii) you must hold the legal power and capacity to create a binding legal obligation, including to be bound by the Terms and Conditions; and (iii) your use of the web site must not breach any law, statute, ordinance, rule or regulation in any jurisdiction. By continuing to access this web site, you hereby represent and warrant to us that you satisfy all of the foregoing conditions and that you create binding legal obligations for any liability you may incur as a result of your use of the web site. If you do not satisfy all of the stated conditions, you are not permitted to use the web site.
By using this web site, you warrant and represent to us that you are legally authorized to make any reservations and purchases through the web site, for yourself or for any other person on behalf you act or imply to act.
Your use of this web site shall strictly be limited for personal and non – commercial purposes. You shall not, at any time, by yourself or through any third party, enter or use data of a third party in any subscription and/or any distribution list on the web site, if you do not have the specific permission of such third party to use his/her data including personal information for such purpose. You also specifically agree not to impersonate any other person or any entity or an authorized representative of any person or entity including an officer, employee or an agent of us.
Trademark and Copyright notice
This web site contains valuable trademarks, copyright material and other intellectual properties and other proprietary rights of us and/or of Hayleys Group Companies (i.e., Hayleys PLC and its associates, subsidiaries etc.) and/or of the respective licensors/third parties (‘IP’) and are protected under the relevant national and international laws (irrespective of whether such IP are registered or not). The IP shall not be copied, extracted, utilized, reproduced, modified or adapted without our prior written authorization. For avoidance of doubt, we declare that the IP not owned by us and displayed or referenced on this web site are the property of its respective owners.
Your use of any software on the web site any downloads therefrom are made available to you by us or the third – party licensors, strictly and solely for the use in relation to this web site.
You shall not claim or gain any title to such IP or software at any time.
The information, text, graphics, images, logos, links, software and information published or otherwise contained on this web site (are owned by, or licensed to, Hayleys Leisure. Such content shall 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 permission of us. This web site as a whole is protected by IP rights and all such rights are reserved.
Even though we are pleased to receive feedback from you on the web site and our products and services, please do not submit to us, any original creative ideas/work, suggestions or materials which may lead to creation of intellectual property rights, unless specifically requested in writing by us as we wish to avoid any conflicts and/or misunderstandings on the IP generating from any projects developed by our staff and/or consultants if and when such projects are similar to the creative work/ideas shared by you. Thus, please do not send us any unsolicited original creative work materials of any kind and we request you to limit your feedback specific to the web site and our services or products offered on the web site. If you send us any creative work at our request or at your own will without a request from us, such work shall be deemed to be our IP from the time of submission and we shall be entitled to unrestricted use of such submissions for any purpose whatsoever, commercial or otherwise, without compensation to you.
Content linked to the site
Any links listed on our web site which leads to third party web sites are provided for your convenience only and please note that such listing of third -party web sites should not be construed as any endorsement, sponsoring or recommendation of such third -party sites or the contents thereof, unless specifically stated by us in writing. We shall not be responsible for the contents, products or services offered through such third-party sites. If you choose to leave the web site via links to other third-party web sites, these Terms and Conditions will no longer apply in respect of such third-party web site use.
Please exercise discretion while browsing the internet and the web site. In the event you are directed to any other third-party web sites while browsing the web site, through links from advertisers, sponsors and content partners (if any) such direction shall be beyond our control. We shall not take any responsibility for any cookies to users, collection of data, solicitation of personal information, or content that you may find inappropriate or offensive in such third-party rights. We do not take any responsibility for the accuracy, relevancy, intellectual property compliance, legality or decency of material contained in third-party web sites listed in any search results or otherwise linked to the web site.
Please note that we do not represent or warrant on the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against the us with respect to such third- party web sites and third- party content. We strongly recommend you to make strict precautionary steps you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
Restricted license to use the web site
You shall use this web site in accordance with these Terms and Conditions and complying with all applicable laws, regulations and codes of practice in Sri Lanka and/or other jurisdictions from which you are accessing the web site. We reserve the right in our sole discretion, to revoke or deny your access to the web site, including but not limited to any breach or threat of breach of these Terms and Conditions by you.
Restrictions on use of web site and its contents
The content and information displayed on the web site, such as text, data, music, images, videos, photographs, logos, data, software, and all the other materials displayed on the web site (‘Hayleys Leisure Information’), the layout of the web site, and the selection and arrangement of material on the web site (collectively ‘web site Content’) are owned by us and/or is used under consent or the license of the respective owner/s. You shall not modify, alter, download, upload, post, reproduce, distribute, publish, transmit, copy, display, transfer, sell, re-sell, perform, license or sublicense the web site Content or use the web site Content to create derivative works in any form, manner or by any means, for any commercial purpose without the prior written permission of us.
Subject to your compliance with the Terms and Conditions, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the web site Content solely and strictly for your personal and for non-commercial purposes.
In addition to the foregoing, you further agree that in connection with your use of the web site, you will not in any manner use any devices or mechanisms, to disrupt, alter or destroy, the proper operation of the web site, or monitor, extract, download or copy the web site or the web site Content.
You agree and acknowledge that you shall not use the web site for any purpose which is illegal and/or unlawful and/or restricted and/or prohibited by the Terms and Conditions or by law. You shall not use the web site in any threatening, libelous, slanderous, defamatory, obscene, inflammatory, pornographic, discriminatory, or otherwise offensive manner.
Reservations at Boutique Collection by Amaya
You agree that you shall make only genuine and legitimate reservations for use only by you, guests invited by you and the parties on whose behalf you are authorized to act, and not for other purposes, including without limitation, reselling, impermissibly assigning or posting on third party web sites, or making speculative, false or fake or fraudulent reservations, or any reservations in anticipation of demand. We reserve the right to cancel or adjust/amend reservations in our sole discretion for any reason, including where it appears that a customer has engaged in deceitful or inappropriate activity or under other circumstances where it appears that the reservations contain or resulted from a mistake or error, even if such mistake or error is ours.
You agree that we shall not be responsible for any damages that may arise as a result of any non – acceptance of your orders for Services and/or Products on the web site which are not processed or accepted for any reason.
Passwords and your account
This web site may provide you with the facility to use usernames, passwords, or other codes or devices to access, certain parts of our web site (“passwords”). You are solely and fully responsible for maintaining the confidentiality of your passwords and for all activities that take place in and under your account. We reserve the right to immediately terminate your account in our sole discretion and without prior notice to you, if you violate any part of the Terms and Conditions or any law.
Communications
Please note that we shall not take any responsibility or liability in respect of any communications you make available, provide or send to ‘Boutique Collection by Amaya’ and/or us, including but not limited to information, feedback, questions, comments, , content, suggestions, hotel reviews, photographs, images, music, videos, ideas, concepts, content, techniques and/or any other materials and all communications you post, display or upload on the web site (‘Communications’). We have no obligation to post, publish or maintain your Communications on the web site or any forum, media maintained and/or managed by us and we reserve the right, in our sole discretion, to determine whether to publish and/or keep communications on the web site. We shall have the right (but not the obligation) to monitor and review communications transmitted or received through the web site and to censor, edit, remove or prohibit the transmission or receipt of Communications that is inappropriate and/or violates the Terms and Conditions. You hereby acknowledge and consent to such monitoring and reviewing.
We shall have the right to use the Communications for any purpose whatsoever, commercial or otherwise, without any compensation to You.
In respect of the Communications, you represent and warrant to us that the submission, reproduction, copying, adaptation, publication, translation, distribution and use of such Communications by you shall not violate any other third party’s proprietary or legal rights.
Right to make changes
We reserve the right to make changes, corrections and cancellations and improvements
1.To the web site and web site Content 2. To the products and services described therein, at any time without notice, including after confirmation of a transaction.
Disclaimer and limitation of liability and waiver
Although we attempt to keep all information in the web site accurate and up to date as far as it is reasonably possible, the accuracy and timelines of the information provided cannot be guaranteed. Your use of the web site is at your own risk. The web site and the application are provided “as is” and on an “as available” basis without representations or warranties of any kind, either express or implied. We do not warrant and/or provide guarantee or assure that the web site and/or web site Content will be available, adequate, accurate, complete or error free. You are liable to verify and ensure that you have the required and adequate scanning and protective mechanisms to safeguard from any malicious third-party contents and/or programmes or of like nature.
There may be instances where the web site contains inaccuracies and typographical errors, including but not limited to inaccuracies relating to pricing or availability applicable to your transaction. We shall not be held liable or responsible for any such inaccuracies, errors or omissions, and shall have no obligation to honor reservations or information affected by such inaccuracies.
We and the other member companies of the Hayleys Group expressly exclude, and you hereby waive any liability on the part of the said parties for any special, indirect, direct, incidental, consequential or punitive damages or any other damages whatsoever, including but not limited to loss of profits, data, income, revenue, business, contracts, savings or anticipated savings, goodwill or cost of cover, or wasted management, business, personal or office time, arising out of or relating to the use of the web site and/or any sites linked to the web site and the web site Content, and whether caused in whole or in part by negligence, telecommunications failure, theft, destruction or any other reason.
In particular, and without limitation, we make no oral, written or any other representations, warranties or endorsements regarding the web site or the web site Content (including but not limited to the use and/or operation of the web site), and disclaim any and all liability regarding the web site Content and the web site (including but not limited to the use and/or operation of the web site).
In the event we are held liable for any damages related to the web site and the use and access of the same, in whatsoever manner, the only remedy available to you shall be limited to the reimbursement of the payments made by you for the Services or Products, paid by you.
You shall fully defend us against any demands, suits, claims or actions brought against us or arising as a result of any breach or violation of these Terms and Conditions by you (“Claim”) and you shall indemnify and hold us harmless from and against any and all losses, damages, costs and expenses (including attorneys’ fees) resulting from any such Claim. We have the right, at our expense, to assume exclusive defense against any Claim and all negotiations for settlement and you agree to cooperate with us in the defense of any such Claim, at our request.
You agree that no claims or action arising out of, or related to, the use of the web site or these Terms and Conditions shall be brought by you and in any event no more than 3months after the cause of action relating to such claim or action arose.
Communications privacy notice
We make no guarantee of confidentiality or privacy of any Communications or information transmitted on the web site or any web site linked to the web site. We shall not be liable for the privacy of Communications and/or any other information, or any other content transmitted over networks accessed by the web site, or otherwise connected with your use of the web site.
Relationship between you and us
You and we are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the Terms and Conditions.
Termination of Terms and Conditions
These Terms and Conditions are effective until terminated by you and/or us.
Your access to the web site may be terminated immediately without notice from us if in our sole and absolute discretion you fail to comply with any term or provision of these Terms or Conditions. Upon termination, you must cease use of the web site and destroy all materials obtained from the web site and all copies thereof, whether made under these Terms and Conditions or otherwise. Notwithstanding the termination of these Terms and Conditions, you acknowledge and agree that those rights and obligations which by their nature are intended to survive the termination in order to be fully operative, shall survive the termination of the Terms and Conditions.
Governing law and dispute resolution
We are incorporated in the Democratic Socialist Republic of Sri Lanka and therefore operate under the Laws of Sri Lanka. Your use of the web site and these Terms and Conditions, shall accordingly be subject to Sri Lankan law.
Any dispute arising out of or in connection with or relating to the Terms and Conditions including any question regarding its existence, validity or termination or breach will be referred to and finally resolved by arbitration under the rules of the Arbitration Centre of the Institute for the Development of Commercial Law and Practice (ICLP), Sri Lanka. The seat of the arbitration will be in Sri Lanka, the venue for arbitration shall be Colombo and the proceedings will be conducted in English unless otherwise agreed to between the parties at the time of submission for Arbitration. All Disputes shall be referred to arbitration to be settled by an arbitral panel consisting of 3 arbitrators. Each party shall nominate 1 arbitrator respectively. The 2 arbitrators so nominated shall jointly nominate the 3rd arbitrator, who shall act as the presiding arbitrator. The award will be final and binding on the parties and the right to appeal, if any, is expressly waived to the fullest extent permitted by applicable law. The award will be enforceable in any competent court. Any award rendered by the arbitral tribunal shall determine the extent to which the cost of arbitration is to be borne by each party. The arbitrator center charges (if any) and the compensation to the arbitrator shall be equally shared by the parties initially. Any party requiring immediate relief from court prior to the appointment of the arbitral tribunal, to prevent or safeguard against any irreparable loss or harm or in the event of a breach or threatened breach of these Terms and Conditions, may apply to and obtain from court injunctive relief by way of an enjoining order, injunctions, writs etc. and the other party shall not object to the court exercising jurisdiction in respect of such matter.
Data Protection
Please provide full and accurate details in the form required by us in order for us to process the booking or any order (‘Order’) made by you on the web site. We are not in a position to confirm or process any of your Orders in the absence of the required information.
By submitting your personal data, you hereby expressly consent to the use of such data for the purpose of the Order made by you. This includes express permission to share the personal data with our service providers and agents. You confirm that you have read through our data and privacy policy and have understood your rights in relation to the personal data which you are providing to us. You have the right to request from us, access to, any rectification or erasure of personal data provided to us or to restrict the processing of such data in terms of the data and the privacy policy as displayed on the web site.
In the event you share or enter any personal information or data of a third party with us, you represent to us that you have obtained the consent or the authority of such person to provide such information or data of his/her to us and that you have/ he/she has apprised themselves of the Terms and Conditions.
English version to prevail
In the event there are any discrepancies in the translations of the web site the English version will prevail.
General
You acknowledge and agree that these Terms and Conditions constitute the complete and exclusive agreement between us concerning your use of the web site, and supersede and govern all prior proposals, agreements, or other communications.
These Terms and the rights, benefits and obligations contained herein are fully assignable by us and will be binding upon and inure to the benefit of our successors and assigns. The headings in these Terms and Conditions are for convenience only and have no legal or contractual effect.
Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not be limited to such specific clause and shall not render these Terms and Conditions unenforceable or invalid as a whole.
Contact information
If you have any questions about this, please contact us at info@boutiquecollectionbyamaya.com
