Terms and Conditions with Users

The website www.myhotelandhome.com (the "Site") is owned and operated by Hotel and Homes Private Limited ("Company"), a company incorporated and existing in accordance with the laws of Nepal, having its registered office at Tinkune Suidhanagar, Kathmandu which enables User to connect with independent third party hotel owners ("Channel Partner") offering renting of various guest houses/ hotels/ accommodations listed on the Site ("Services").



By using this Site you hereby acknowledge and agree that the Company is not a hotel owner and has no control over the conduct or behavior of the Channel Partner or the quality, fitness or the suitability of the services provided by Channel Partner. Company disclaims any and all liabilities in this regard.

  1. Terminology:
    1. For the purpose of these Terms, wherever the context so requires "You" or "User" shall mean any natural or legal person who has browsed or agreed to become a buyer on the Site by providing Registration Data while registering on the Site as Registered User using the computer or mobile systems.
    2. The Company may allow a User to browse the Site without registering on the Site. At the time of registration, you shall ensure that the account information provided by you in the Site registration form is complete, accurate and up-to-date. Use of another user’s account information is expressly prohibited.
  2. User Account
    1. You will be required to share your personal details to access the Site by registering on our Site and the information collected shall be referred as “Registration Data” hereinafter. You agree that you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or mobile to prevent unauthorized access to your account when you use this Site.
    2. The Site grants you a limited sub-license to access and make personal use of the content therein and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of the Company.
    3. You agree to accept responsibility for all activities that occur under your account or password.
    4. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform the Company immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner. Please ensure that the details you provide the Company are correct and complete and inform Company immediately of any changes to the information that you provided when registering.
    5. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another third party; or any use of data mining, robots, or similar data gathering and extraction tools. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of the Company.
    6. Company reserves the right to refuse access to the Site, terminate accounts, remove or edit content at any time without notice if Company has reasonable belief that your account is being used for unauthorized purposes.
    7. Company will make best efforts to safeguard the confidentiality of your personally identifiable information available with it, but transmissions made by means of the internet cannot be guaranteed or made absolutely secure. By using this Site, you agree that Company shall not be liable for disclosure of your information due to errors in transmission or unauthorized acts of third parties. Without prejudice to the foregoing you agree that Company shall not be held liable or responsible for 'phishing attacks' on you. User agrees that User shall not use/access this Site from unsecure computers, unsecure communication links, unsecure mobile phones. You may accept or decline the cookies when you accesses Site. It is the User’s responsibility to set his browser to alert him to accept or to reject cookies.
    8. The User agrees, acknowledges and confirms that before placing any order, the User shall check the Service description and price carefully and by placing an order for a Service .You agree to be bound by the Terms of sale included in the Services description. You shall only place the order after fully satisfying yourself with the price, description, look as has been displayed on Site.
    9. Company shall not be responsible unsatisfactory or delayed performance of services or damages or delays as a result of Channel Partner’s act’s or omissions.
    10. Company reserves the right to make, at its sole discretion, any modifications or changes whatsoever to the Site or the information, listings and services described on the Site at any time. Such modifications or changes shall be effective immediately when they are made.
  3. Membership Eligibility:
    1. If you are not agreeable to all the Terms in their entirety, you must not use this Site and should exit/logout immediately. Your use of the Site implies that you agree with the Terms in their entirety. You agree, acknowledge and recognize that the contract of sale is made in Nepal, is governed exclusively by laws of Nepal and is subject to the exclusive jurisdiction of the courts in Nepal to the exclusion of all other courts.
    2. You hereby represent and warrant that you are at least eighteen (18) years of age or above and are capable of entering, performing and adhering to these Terms and that you agree to be bound by these Terms. While individuals under the age of 18 may utilize/browse the Site, they shall do so only with the involvement, guidance and supervision of their parents and / or legal guardians, under such Parent /Legal guardian’s registered account.
    3. The User agrees and acknowledges that this Site can be used only by individuals who are of legal age (at least 18 (eighteen) years of age) to form a binding contract under the laws as applicable in Nepal. Company reserves the right to terminate User’s access to and refuse to provide User with access to the Site if Company discovers that User is under the age of 18 years. Additionally, Company has the right at its sole discretion to refuse to provide access to or terminate the access of any person(s) whatsoever with or without notice.
    4. Company provides Services on the Site subject to complete adherence to the Terms by the User. By accessing, viewing, or using this Site, you acknowledge, declare, confirm and represent & warrant to Company that you have read and understood the Terms and accept them as an agreement as a binding legal contract equivalent of a duly signed contract binding on you. This agreement is effective immediately upon your accessing, viewing, or using this Site. You are advised to regularly check for any amendments or updates to the Terms mentioned herein from time to time. Company may add to or change, update these Terms from time to time entirely at its sole discretion. Your use of the Site and any amendment to the Terms shall constitute your acceptance of these Terms and you agree to be bound by any such changes/revisions/amendments. Site shall not be obliged to notify you, irrespective of the fact that you are registered or not, of any modifications made to the Terms. Your access to the Site for purchasing the Services or for mere browsing is subject to the most current version of the Terms appearing on the Site at the time of such use
  4. Privacy:
  5. It may please be noted that by agreeing to these Terms, you shall be bound by the following policies of the Site:
    1. The ‘Privacy Policy’ of the Site, which can be viewed by clicking on the following link: [insert link of the privacy policy which shall be provided separately]; and
    2. The ‘Cookie Policy’ of the Site, which can be viewed by clicking on the following link: [insert link of the cookie policy which shall be provided separately].
  6. Website/Site:
    1. The Site is an online marketplace where Users may meet and interact with Channel Partner for their transactions. Channel Partner’s list their guest houses, hotels and other lodgings ("Accommodations") on the Site and User reserves the Accommodation at the prices specified by the Channel partner using the Site. Company hereby clarifies and the User agrees and understands that Company is not the owner of the Accommodations and will not be liable for any services or lack of them at the Accommodations booked by the User. It is hereby further clarified that Company and Channel Partners are separate and independent entities and Company does not work as representative or agent of the Channel Partner. By making a reservation/booking at the listed Accommodations the User enters into commercial/ contractual terms as offered by and agreed to between Channel Partner and the User alone.
    2. Company shall not be responsible and shall not be required to mediate or resolve any dispute or disagreement between User and Channel Partner. In no event, shall Company be made a party to dispute between User(s) and Channel Partner(s).
  7. Usage Conduct on Site:
    1. You shall solely be responsible for maintaining the necessary computer or mobile equipment and Internet connections that may be required to access, use and transact on the Site.
    2. You acknowledge that you only have a limited right merely to use the Site and that you have no right to modify any part of the Site or reproduce, copy, distribute, sold, resold or access the same for commercial purposes illegally.
    3. You are also under an obligation to use this Site for reasonable and lawful purposes only, and shall not indulge in any activity that is not envisaged through the Site. You shall use the Site, and any voucher/ coupons purchased through it, for personal, non-commercial use only and shall not re-sell the same to any other person.
    4. You may not use any meta-tags or any other "hidden text" utilizing the Company / Site or its affiliates' names or trademarks or logo without the express written consent of Company / Site and / or its affiliates, as applicable.
    5. You must not use the Site for any of the following:
      1. for fraudulent purposes, or in connection with a criminal offense or other unlawful activity; and
      2. to send, use or reuse any material that does not belong to you; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of Nepal or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam” to cause annoyance, inconvenience or needless anxiety.
      3. Use or reproduce the exclusive Intellectual Property of the Company in any way without written consent from the Company.
    6. The User hereby assumes the sole risk of booking or making use or relying on the information relating to the Services available on this Site. Company does not promote any listed Accommodations on the Site. It is User’s responsibility to check the details of the Accommodations listed on the Site at its sole discretion.6.7 Company has endeavored to provide the most accurate, up-to-date information on this Site. However, the information, materials, Services available on Site may inadvertently include inaccuracies, typographical errors, or outdated information. Company is not responsible for and shall not be bound to honor typographical or pricing errors on Site. Company reserves the right to refuse or cancel orders at any time, including but not limited to the following orders that contain incorrect prices or product descriptions, orders in which Company believes the User has violated applicable laws or Terms, orders that Company believes are harmful to them or orders that Company believes are fraudulent or based on illegal, fraudulent or deceitful use/furnishing of information or based on false information. Company neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or service. Company expressly disclaims any warranties and conditions whether express or implied about their accuracy, completeness, correctness, suitability, reliability, availability, timeliness, quality, continuity, performance, error free or uninterrupted operation/functioning, fitness for a particular purpose, workmanlike effort, non-infringement, lack of viruses or other harmful components. Company shall not be responsible for the delay or inability to use the Site or related functionalities, the provision of or failure to provide functionalities, or for any information, software, Services, functionalities and related graphics obtained through the Site, or otherwise arising out of the use of the Site, whether based on contract, tort, negligence, strict liability or otherwise. Further, Company shall not be held responsible for non-availability of the Site during periodic maintenance operations or any unplanned suspension of access to the Site that may occur due to technical reasons or for any reason beyond Company’s control. The User understands and agrees that any material or data downloaded or otherwise obtained through the Site is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material or data. Company accepts no liability for any errors or omissions, with respect to any information provided to the User.
    7. Disclaimer of Warranties and Liability:
      1. This Site, all the materials and products (including but not limited to software) and Services, included on or otherwise made available to you through this Site are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Company and its licensees’ may publicly display advertisements and other information adjacent to or included with your Content. The Company takes no warranties on the content of such advertisements. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you. Here, "Content" means reviews, feedbacks, comments, text, images, photos, audio, music, video, and all other forms of data or communication. "Your/User Content" means Content that you submit or transmit to, through, or in connection with the service, such as videos, commentary, ratings, reviews, invitations, messages, and information that you publicly display or displayed in your account profile.
      2. Without prejudice to the forgoing paragraph, Company does not warrant that:
        1. Site will be constantly available, or available at all; or
        2. The information on this Site is complete, true, accurate or non-misleading.
      3. The Company will not be liable to you in any way or in relation to the contents of, or use of, or otherwise in connection with, the Site. The Company does not warrant that its Site; information, content, materials, product (including software) or services included on or otherwise made available to you through the Site; their servers; or electronic communication sent from us are free of viruses or other harmful components, despite our best efforts to prevent these incidents.
      4. Nothing on Site constitutes, or is meant to constitute, advice of any kind. All the listed accommodations on Site are governed by terms and conditions of respective Channel Partner, if Channel Partner is unable to deliver required services due to implications of these terms and conditions, Channel Partner will refund or will give credit for the amount (if any) received in advance from you. In such event, Company will not be a party to the dispute and shall not be liable for anything.
      5. Any personal information submitted, collected or stored through Site will be governed by the Privacy Policy of the Company.
    8. Reviews, Feedback, Submissions
      1. All reviews, comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered on the Site or otherwise disclosed, submitted or offered in connection with use of the Site (collectively, the “Comments”) shall be and remain the property of the Company. Such disclosure, submission or offer of any Comments shall constitute an assignment to the Company of all rights, titles and interests in all copyrights and other intellectual properties in the Comments.
      2. The Company will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way.
      3. You hereby agree that while writing reviews/feedbacks/submissions, you shall not violate any condition of our Terms or any applicable policy and would not engage in the following:
        1. Writing a fake review, trading reviews with other businesses, or compensating someone or being compensated to write a review;
        2. Violate any third party's rights, including any breach of confidence, copyright, trademark, patent, trade secret, privacy right, right of publicity, or any other intellectual property or proprietary right;
        3. Threaten, stalk, harm, or harass others, or promote bigotry or discrimination;
        4. Promote a business or other commercial venture or event, or otherwise use the Site for commercial purposes, except with a written permission from the Company.
        5. Send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; engage in keyword spamming, or otherwise attempt to manipulate the Site search results or any third party website;
        6. Solicit personal information from minors, or submit or transmit pornography; or violate any applicable law.
      4. You are, and shall remain, responsible for the content of any Comments you make and you agree to indemnify the Company and its affiliates against all claims, loss and liabilities resulting from any Comments you submit.
      5. Further, any reliance placed on Comments available on the Site from a third party shall be at your sole risk and expense.
    9. Bookings from the Site/Reservation:
      1. The process of booking Services from Site may require you to disclose confidential information including Credit Card number etc. To prevent any possibility of unauthorized access to your confidential information such as name, address etc., you shall not use/access this Site from unsecure computers, unsecure communication links, unsecure mobile phones or locations such as Internet-Cafe(s), Cyber-Cafe(s) and other commercially available internet enabled computers or computer services.
      2. That relying on declarations, confirmations, information and obligations made/undertaken by the User in accordance with Terms, and believing the same to be true and acting on the faith thereof, Company has agreed to provide the Services to the User as per the Terms mentioned herein. In particular, the User does hereby agree, promise, declare, confirm, covenant, undertake and represent & warrant to Company:
        1. the User is not under any legal or other deficiency which prevents/may prevent the User from:
          1. entering into a valid contract under the applicable laws; and
          2. making valid payment to Company for Services ordered by the User.
        2. In the event of detecting any suspicious activity from User’s account, Company reserves the right to cancel all pending and future orders owing to any such incident without any liability to the User.
        3. In a credit card transaction; User must use your own credit card for which User has full right & authority to validly use such Credit Card for making payment to Company. Company shall not be liable for any credit card fraud. The liability to use a card fraudulently will be on the User and the onus to 'prove otherwise' shall be exclusively on User.
        4. While using the Site, User shall at all times strictly comply with the payment procedure and the Terms in their entirety.
        5. Your use of the Services shall be deemed that you are fully satisfied with the description, look and design of the accommodation and usage fee of the accommodation as has been displayed on Site.
        6. The User agrees and acknowledges that in the Site all Services are offered only at the sole discretion of Company.
    10. Special Offers and Coupons:
      1. The Company keeps on updating special offers and coupons for its valued customers on the Site. User can chose to avail the same according to the terms specified therein.
    11. Payment and Fee:
      1. While availing any of the payment method/s available on the Site, Company will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to any of the following:
        1. Lack of authorization for any transaction/s; or
        2. Exceeding the preset limit mutually agreed by You and between "Bank/s"; or
        3. Any payment issues arising out of the transaction; or
        4. Decline of transaction for any other reason/s.
      2. All payments made against the purchases/services on Site by you shall be compulsorily in Nepali Rupees acceptable in the Republic of Nepal. Company will not facilitate transaction with respect to any other form of currency with respect to the purchases made on the Site.
      3. Please note that:
        1. User hereby agree and understand that he will have to pay the usage fee as mentioned on the Site for the concerned Accommodation via the payment mode provided on the Site post which User’s requested reservation will be confirmed. Once the reservation has been confirmed, Company will debit the usage fee from the payment mode selected by the User. The User agrees and acknowledges that the payment procedure may call for and require additional verification of or information from the User and the User undertakes to provide complete, correct and proper information.
        2. Company uses third party payment providers to receive payments from User. Company is not responsible for delays or erroneous transaction execution or cancellation of reservation due to payment issues. Company takes utmost care to work with third party payment providers, but does not control their systems, processes, technology and work flows, hence cannot be held responsible for any fault at the end of payment providers.
    12. Modifications and Refunds:
      2. Company doesn't support changes and modifications to online bookings once they're made.
      3. All the refunds shall be done by the Channel Partners directly to you and the Company is not responsible to ensuring any refunds whatsoever.
      4. Your bank may debit its own separate charges from refunds made to your credit card or bank account.
    13. Cancellation Policy:
      1. The Cancellation Policies of the Channel Partner are dynamic and may change from time to time. The Cancellation policy of the Channel Partner may change in the interim period of booking and date of stay of the guest. The Cancellation Policy prevailing at the time of check in/cancellation of the booking by you will be the applicable policy.
      2. Channel Partner may have their cancellation policy and may charge User according to terms of such cancellation policy.
      3. In the event of Cancellation the money shall be debited from your credit card directly by the Channel Partner as per Cancellation Policy.
      4. Cancellations can be done online as well through our call-center. Only those cancellation requests which are made either online or on the phone to our customer support team shall be entertained. The Company shall not be liable to entertain any cancellation requests made directly to the Channel Partner without intimating the Company and also through any other medium including, but not limited to, SMS or e-mail.
      5. If you don't show up at the hotel, you'll still be charged the entire amount and Channel Partner will debit the amount from your card directly.
      6. As a policy Company do not cancel any Accommodation after User has placed the order on the Site. However, if there are changes in the booking you requested or need to add more products, you need to call us on customer care number. However, if we suspect any fraudulent transaction by any User or any transaction which defies the Terms of using the Site, we at our sole discretion could cancel such orders. We may maintain a negative list of all fraudulent transactions and Users and would deny access to them or cancel any orders placed by them.
    14. Compliance with Laws:
      1. User and Company shall comply with all the applicable laws applicable to them respectively for using payment facility and the Site.
    15. Intellectual Property Rights:
      1. Content included on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Company, its affiliates or its content suppliers and is protected by Nepal and international copyright, authors' rights and database right laws.
      2. The compilation of all content on this Site is the exclusive property of Company and its affiliates and is protected by laws of Nepal and international copyright and database right laws. All software used on this Site is the property of Company, its affiliates or its software suppliers and is protected by Nepal and international copyright and author' rights laws.
      3. You may not systematically extract/ or re-utilise parts of the contents of the Site without Company’s express written consent. In particular, you may not utilize any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilization of any substantial parts of this Site, without Company’s express written consent. You may also not create and/ or publish your own database that features substantial (eg: prices and product listings) parts of this Site without Company’s express written consent.
      4. Our Trademarks at various Jurisdictions and you cannot use the trademark for commercially exploiting your interests without our express permission. We reserve our right to initiate legal proceedings if we discover any IPR infringement or passing off.
      5. We respect the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, contact the Grievance Officer (details under Clause 16 of these Terms).
      6. As a pre-condition of use of this Site, User warrants to Company that User shall not use this Site for any purpose that is unlawful, unauthorized, or inconsistent with Terms, and the User agrees that this license to use Site will terminate immediately upon User's violation of this warranty. Company reserves the right, at its sole discretion, to block/terminate User's access to this Site and its content at any time, with or without notice.
    16. Grievance Officer:
    17. In accordance with our policy and rules made there under, the name and contact details of the Grievance Officer are provided below:[insert name][insert address][insert email][insert mobile](hereinafter referred to as the “Grievance Officer”)In this regard, please note that the Grievance Officer may be contacted by You for any grievance that you may have while using the Services of the Site.
    18. Indemnity and Release:
      1. You shall indemnify and hold harmless Company, its subsidiaries, affiliates and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorney's fees, made by any third party or penalty imposed due to or arising out of your breach of these Terms or any representations or covenants made or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party.
      2. You hereby expressly release the Company or any of its affiliates or officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the Channel Partners, vendors and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.
    19. Losses:
    20. Company will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and Company and has been not computed beforehand mutually before using the Site.
    21. Governing law and Jurisdiction:
    22. These Terms are governed by and construed in accordance with the laws of Nepal. You agree, as we do, to submit to the exclusive jurisdiction of the courts at Kathmandu, Nepal.
    23. Suspension, Termination or Cancellation:
    24. Company may suspend, cancel or terminate your account registered with us, with or without notices, if we believe in good faith that (a) that you breach any of these Terms and other policies.
    25. Amendment/Modification:
    26. Company reserves the right to modify these Terms at any time with or without any further notice(s) by uploading the revised Terms on the Site and it is your duty to keep Yourself aware of the revisions to the Terms.
    27. Limitation of Liability:
      1. Company shall not be liable for any damages of any kind whatsoever including but not limited to direct, indirect, incidental, punitive, exemplary and consequential damages, damages for loss of use, data or profits, or other intangible losses, which may arise or are arising from the use of this Site or any of the Services, information, software, services and related graphics contained within the Site or any of the Services offered, regardless of whether such damages are based on contract, tort, negligence, strict liability or otherwise, and even if Company has been advised of the possibility of damages.
    28. Third Party Links:
    29. Company may at its sole discretion, contain links to sites owned and maintained by persons or entities other than Company. Company may also provide links to the other sites for purpose of enabling the User to make payment to Company. Any of the foregoing links do not constitute an endorsement by Company of any such sites and are provided only as a convenience. Company is not responsible for the content or links displayed on such sites. Company is not responsible for the privacy practices of such sites which Company does not own, manage or control. Company does not regularly review, and makes no warranty or representation regarding materials posted, or Services or services offered, on the sites to which this Site may be linked and Company shall not be responsible for any deficiency thereof. Company does not endorse any or all of the materials, Services, and services available on such linked sites, and Company expressly disclaims responsibility for the contents of any linked site, the accuracy of any information contained in a linked site, and the quality of the Services and services offered at any linked site. Any decision to view the contents of any linked site is solely the responsibility of User and is made at User’s own risk.
    30. Miscellaneous:
      1. The Parties acknowledge and accept that electronic format shall be deemed an acceptable means of communication for the purposes of these Terms. Here, Parties means the User and the Company.
      2. These Terms constitutes the complete and entire agreement between the Parties on the subject of ‘terms of usage of the Site (save and except the other policies) and shall supersede any and all other prior understandings, commitments, representations or agreements, whether written or oral, between the Parties to these Terms.
      3. If any provision of these Terms shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or enforceability shall no effect the other provisions of these Terms, which shall remain in full force an effect.
      4. In no event will any delay, failure or omission (in whole or in part) in enforcing, exercising or pursuing any right, power, privilege, claim or remedy conferred by or arising under these Terms or by law, be deemed to be or construed as a waiver of that or any other right, so as to bar the enforcement of that, or any other right, power privilege, claim or remedy, in any other instance at any time or times subsequently.