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").
WHEN YOU ACCESS, BROWSE OR USE
WHEN YOU ACCESS ANY OF THE SUB-SITE (WHETHER BELONGING TO AN 'ASSOCIATE' OF COMPANY OR
OTHERWISE) THROUGH THIS SITE, THEN SUCH SUB-SITE MAY HAVE ITS OWN TERMS AND CONDITIONS, WHICH
ARE SPECIFIC TO SUCH SUB-SITE AND SHALL BECOME APPLICABLE AS PER THE USE OF SUCH SUB-SITE BY
ENTIRE AGREEMENT BETWEEN COMPANY AND YOU WITH RESPECT TO YOUR USE OF THIS SITE AND SHALL BE
REFERRED AS “TERMS” HEREINAFTER FOR ALL PURPOSES.
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.
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
Site by providing Registration Data while registering on the Site as Registered User
computer or mobile systems.
The Company may allow a User to browse the Site
registering on the Site. At the time of registration, you shall ensure that the
information provided by you in the Site registration form is complete, accurate and
Use of another user’s account information is expressly prohibited.
will be required to share your personal details to access the Site by registering on our
and the information collected shall be referred as “Registration Data”
You agree that you are responsible for maintaining the confidentiality of your account
password and for restricting access to your computer or mobile to prevent unauthorized
your account when you use this Site.
The Site grants you a limited sub-license to access
make personal use of the content therein and not to download (other than page caching)
it, or any portion of it, except with express written consent of the Company.
accept responsibility for all activities that occur under your account or password.
should take all necessary steps to ensure that the password is kept confidential and
should inform the Company immediately if you have any reason to believe that your
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
complete and inform Company immediately of any changes to the information that you
This license does not include any resale or commercial use of this Site or its
collection and use of any product listings, descriptions, or prices; any derivative
Site or its contents; any downloading or copying of account information for the
another third party; or any use of data mining, robots, or similar data gathering
tools. This Site or any portion of this Site may not be reproduced, duplicated,
resold, visited, or otherwise exploited for any commercial purpose without express
consent of the Company.
Company reserves the right to refuse access to the Site,
accounts, remove or edit content at any time without notice if Company has
that your account is being used for unauthorized purposes.
Company will make best
safeguard the confidentiality of your personally identifiable information available
transmissions made by means of the internet cannot be guaranteed or made absolutely
using this Site, you agree that Company shall not be liable for disclosure of your
due to errors in transmission or unauthorized acts of third parties. Without
foregoing you agree that Company shall not be held liable or responsible for
on you. User agrees that User shall not use/access this Site from unsecure
communication links, unsecure mobile phones. You may accept or decline the cookies
accesses Site. It is the User’s responsibility to set his browser to alert him
or to reject cookies.
The User agrees, acknowledges and confirms that before
order, the User shall check the Service description and price carefully and by
for a Service .You agree to be bound by the Terms of sale included in the Services
You shall only place the order after fully satisfying yourself with the price,
as has been displayed on Site.
Company shall not be responsible unsatisfactory or
performance of services or damages or delays as a result of Channel Partner’s
Company reserves the right to make, at its sole discretion, any
or changes whatsoever to the Site or the information, listings and services
Site at any time. Such modifications or changes shall be effective immediately when
- Membership Eligibility:
If you are not agreeable to all the Terms in
you must not use this Site and should exit/logout immediately. Your use of the Site
you agree with the Terms in their entirety. You agree, acknowledge and recognize
contract of sale is made in Nepal, is governed exclusively by laws of Nepal and is
the exclusive jurisdiction of the courts in Nepal to the exclusion of all other
hereby represent and warrant that you are at least eighteen (18) years of age or
capable of entering, performing and adhering to these Terms and that you agree to be
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
under such Parent /Legal guardian’s registered account.
The User agrees and
acknowledges that this Site can be used only by individuals who are of legal age (at
(eighteen) years of age) to form a binding contract under the laws as applicable in
Company reserves the right to terminate User’s access to and refuse to provide
access to the Site if Company discovers that User is under the age of 18 years.
Company has the right at its sole discretion to refuse to provide access to or
access of any person(s) whatsoever with or without notice.
Company provides Services on the Site subject to complete adherence to the
User. By accessing, viewing, or using this Site, you acknowledge, declare,
& warrant to Company that you have read and understood the Terms and accept
agreement as a binding legal contract equivalent of a duly signed contract
agreement is effective immediately upon your accessing, viewing, or using this
advised to regularly check for any amendments or updates to the Terms mentioned
to time. Company may add to or change, update these Terms from time to time
discretion. Your use of the Site and any amendment to the Terms shall constitute
of these Terms and you agree to be bound by any such
not be obliged to notify you, irrespective of the fact that you are registered
modifications made to the Terms. Your access to the Site for purchasing the
browsing is subject to the most current version of the Terms appearing on the
of such use
It may please be noted that by agreeing to these
bound by the following policies of the Site:
which can be viewed by clicking on the following link: [insert link of the
shall be provided separately]; and
The Site is an online marketplace where
and interact with Channel Partner for their transactions. Channel
guest houses, hotels and other lodgings ("Accommodations") on the Site and User
Accommodation at the prices specified by the Channel partner using the Site.
clarifies and the User agrees and understands that Company is not the owner of
Accommodations and will not be liable for any services or lack of them at the
booked by the User. It is hereby further clarified that Company and Channel
separate and independent entities and Company does not work as representative or
Channel Partner. By making a reservation/booking at the listed Accommodations
into commercial/ contractual terms as offered by and agreed to between Channel
Company shall not be responsible and shall not be required to
any dispute or disagreement between User and Channel Partner. In no event, shall
a party to dispute between User(s) and Channel Partner(s).
Usage Conduct on Site:
shall solely be responsible for maintaining the necessary computer or mobile
Internet connections that may be required to access, use and transact on the
acknowledge that you only have a limited right merely to use the Site and that
to modify any part of the Site or reproduce, copy, distribute, sold, resold or
for commercial purposes illegally.
You are also under an obligation to use this Site for reasonable and lawful
and shall not indulge in any activity that is not envisaged through the Site.
Site, and any voucher/ coupons purchased through it, for personal,
shall not re-sell the same to any other person.
You may not use any
"hidden text" utilizing the Company / Site or its affiliates' names or
without the express written consent of Company / Site and / or its affiliates,
You must not use the Site for any of the following:
connection with a criminal offense or other unlawful activity; and
material that does not belong to you; or is illegal, offensive (including
material that is sexually explicit content or which promotes racism,
harm), deceptive, misleading, abusive, indecent, harassing, blasphemous,
obscene, pornographic, pedophilic or menacing; ethnically objectionable,
breach of copyright, trademark, confidentiality, privacy or any other
right; or is otherwise injurious to third parties; or relates to or promotes
gambling; or is harmful to minors in any way; or impersonates another
unity, integrity, security or sovereignty of Nepal or friendly relations
objectionable or otherwise unlawful in any manner whatsoever; or which
software viruses, political campaigning, commercial solicitation, chain
or any "spam” to cause annoyance, inconvenience or needless anxiety.
the exclusive Intellectual Property of the Company in any way without
The User hereby assumes the sole risk of booking or making use or
information relating to the Services available on this Site. Company does not
Accommodations on the Site. It is User’s responsibility to check the
Accommodations listed on the Site at its sole discretion.6.7 Company has
the most accurate, up-to-date information on this Site. However, the
Services available on Site may inadvertently include inaccuracies, typographical
outdated information. Company is not responsible for and shall not be bound to
typographical or pricing errors on Site. Company reserves the right to refuse or
at any time, including but not limited to the following orders that contain
product descriptions, orders in which Company believes the User has violated
Terms, orders that Company believes are harmful to them or orders that Company
fraudulent or based on illegal, fraudulent or deceitful use/furnishing of
on false information. Company neither warrants nor makes any representations
quality, accuracy or completeness of any data, information, product or service.
expressly disclaims any warranties and conditions whether express or implied
accuracy, completeness, correctness, suitability, reliability, availability,
quality, continuity, performance, error free or uninterrupted
a particular purpose, workmanlike effort, non-infringement, lack of viruses or
components. Company shall not be responsible for the delay or inability to use
related functionalities, the provision of or failure to provide functionalities,
information, software, Services, functionalities and related graphics obtained
or otherwise arising out of the use of the Site, whether based on contract,
strict liability or otherwise. Further, Company shall not be held responsible
non-availability of the Site during periodic maintenance operations or any
of access to the Site that may occur due to technical reasons or for any reason
Company’s control. The User understands and agrees that any material or
otherwise obtained through the Site is done entirely at their own discretion and
will be solely responsible for any damage to their computer systems or loss of
from the download of such material or data. Company accepts no liability for any
omissions, with respect to any information provided to the User.
Disclaimer of Warranties and Liability:
This Site, all the materials and
(including but not limited to software) and Services, included on or
you through this Site are provided on "as is" and "as available" basis
representation or warranties, express or implied except otherwise specified
and its licensees’ may publicly display advertisements and other
or included with your Content. The Company takes no warranties on the
advertisements. You are not entitled to any compensation for such
mode and extent of such advertising are subject to change without specific
"Content" means reviews, feedbacks, comments, text, images, photos, audio,
other forms of data or communication. "Your/User Content" means Content that
transmit to, through, or in connection with the service, such as videos,
reviews, invitations, messages, and information that you publicly display or
Without prejudice to the forgoing paragraph, Company does
- Site will be constantly available, or available at all; or
Site is complete, true, accurate or non-misleading.
The Company will not be
any way or in relation to the contents of, or use of, or otherwise in
The Company does not warrant that its Site; information, content, materials,
software) or services included on or otherwise made available to you through
servers; or electronic communication sent from us are free of viruses or
components, despite our best efforts to prevent these incidents.
or is meant to constitute, advice of any kind. All the listed accommodations
governed by terms and conditions of respective Channel Partner, if Channel
deliver required services due to implications of these terms and conditions,
will refund or will give credit for the amount (if any) received in advance
event, Company will not be a party to the dispute and shall not be liable
personal information submitted, collected or stored through Site will be
Policy of the Company.
- Reviews, Feedback, Submissions
suggestions, ideas, and other submissions disclosed, submitted or offered on the
otherwise disclosed, submitted or offered in connection with use of the Site
“Comments”) shall be and remain the property of the Company. Such
submission or offer of any Comments shall constitute an assignment to the
titles and interests in all copyrights and other intellectual properties in the
The Company will be entitled to use, reproduce, disclose, modify, adapt, create
from, publish, display and distribute any Comments you submit for any purpose
without restriction and without compensating you in any way.
You hereby agree
writing reviews/feedbacks/submissions, you shall not violate any condition of
applicable policy and would not engage in the following:
Writing a fake review, trading reviews with other businesses, or
being compensated to write a review;
Violate any third party's rights,
confidence, copyright, trademark, patent, trade secret, privacy right,
any other intellectual property or proprietary right;
Threaten, stalk, harm,
or promote bigotry or discrimination;
Promote a business or other commercial
or otherwise use the Site for commercial purposes, except with a written
Send bulk emails, surveys, or other mass messaging, whether
not; engage in keyword spamming, or otherwise attempt to manipulate the
any third party website;
Solicit personal information from minors, or submit
pornography; or violate any applicable law.
You are, and shall remain,
content of any Comments you make and you agree to indemnify the Company and its
against all claims, loss and liabilities resulting from any Comments you
reliance placed on Comments available on the Site from a third party shall be at
- Bookings from the Site/Reservation:
The process of booking
may require you to disclose confidential information including Credit Card
prevent any possibility of unauthorized access to your confidential information
address etc., you shall not use/access this Site from unsecure computers,
links, unsecure mobile phones or locations such as Internet-Cafe(s),
commercially available internet enabled computers or computer services.
declarations, confirmations, information and obligations made/undertaken by the
accordance with Terms, and believing the same to be true and acting on the faith
Company has agreed to provide the Services to the User as per the Terms
particular, the User does hereby agree, promise, declare, confirm, covenant,
represent & warrant to Company:
the User is not under any legal or other
prevents/may prevent the User from:
entering into a valid contract under the
making valid payment to Company for Services ordered by the
of detecting any suspicious activity from User’s account, Company
cancel all pending and future orders owing to any such incident without any
In a credit card transaction; User must use your own credit card for
full right & authority to validly use such Credit Card for making
Company shall not be liable for any credit card fraud. The liability to use
will be on the User and the onus to 'prove otherwise' shall be exclusively
While using the Site, User shall at all times strictly comply with the
the Terms in their entirety.
Your use of the Services shall be deemed that
satisfied with the description, look and design of the accommodation and
accommodation as has been displayed on Site.
The User agrees and acknowledges
Site all Services are offered only at the sole discretion of Company.
The Company keeps on updating special offers and coupons for its
on the Site. User can chose to avail the same according to the terms specified
Payment and Fee:
While availing any of the payment method/s available on the
will not be responsible or assume any liability, whatsoever in respect of any
arising directly or indirectly to you due to any of the following:
any transaction/s; or
Exceeding the preset limit mutually agreed by You and
- Any payment issues arising out of the transaction; or
All payments made against the purchases/services on Site by
compulsorily in Nepali Rupees acceptable in the Republic of Nepal. Company will
transaction with respect to any other form of currency with respect to the
made on the
- Please note that:
User hereby agree and understand that he will have
usage fee as mentioned on the Site for the concerned Accommodation via the
on the Site post which User’s requested reservation will be confirmed.
reservation has been confirmed, Company will debit the usage fee from the
by the User. The User agrees and acknowledges that the payment procedure may
require additional verification of or information from the User and the User
provide complete, correct and proper information.
Company uses third party
to receive payments from User. Company is not responsible for delays or
execution or cancellation of reservation due to payment issues. Company
work with third party payment providers, but does not control their systems,
technology and work flows, hence cannot be held responsible for any fault at
- Modifications and Refunds:
COMPANY DO NOT ACCEPT AMENDMENT,
REFUND REQUEST TO THE ACCOMMODATIONS WITHIN 24 HOURS OF CHECK IN, HOWEVER
REQUEST MAY BE CONSIDERED FOR NORMAL BOOKINGS IF THE CHECK IN IS WITHIN 48 HOURS
Company doesn't support changes and modifications to online bookings once
All the refunds shall be done by the Channel Partners directly to you and the
responsible to ensuring any refunds whatsoever.
Your bank may debit its own
from refunds made to your credit card or bank account.
- Cancellation Policy:
The Cancellation Policies of the Channel Partner
may change from time to time. The Cancellation policy of the Channel Partner may
interim period of booking and date of stay of the guest. The Cancellation Policy
the time of check in/cancellation of the booking by you will be the applicable
Channel Partner may have their cancellation policy and may charge User according
such cancellation policy.
In the event of Cancellation the money shall be
credit card directly by the Channel Partner as per Cancellation Policy.
Cancellations can be
done online as well through our call-center. Only those cancellation requests
either online or on the phone to our customer support team shall be entertained.
shall not be liable to entertain any cancellation requests made directly to the
without intimating the Company and also through any other medium including, but
SMS or e-mail.
If you don't show up at the hotel, you'll still be charged
and Channel Partner will debit the amount from your card directly.
not cancel any Accommodation after User has placed the order on the Site.
changes in the booking you requested or need to add more products, you need to
customer care number. However, if we suspect any fraudulent transaction by any
transaction which defies the Terms of using the Site, we at our sole discretion
such orders. We may maintain a negative list of all fraudulent transactions and
deny access to them or cancel any orders placed by them.
Company shall comply with all the applicable laws applicable to them
payment facility and the Site.
- Intellectual Property Rights:
Site, such as text, graphics, logos, button icons, images, audio clips, digital
compilations, and software, is the property of Company, its affiliates or its
and is protected by Nepal and international copyright, authors' rights and
The compilation of all content on this Site is the exclusive property of
affiliates and is protected by laws of Nepal and international copyright and
laws. All software used on this Site is the property of Company, its affiliates
suppliers and is protected by Nepal and international copyright and author'
may not systematically extract/ or re-utilise parts of the contents of the Site
Company’s express written consent. In particular, you may not utilize any
robots, or similar data gathering and extraction tools to extract (whether once
for re-utilization of any substantial parts of this Site, without
written consent. You may also not create and/ or publish your own database that
substantial (eg: prices and product listings) parts of this Site without
Our Trademarks at various Jurisdictions and you cannot use the trademark
exploiting your interests without our express permission. We reserve our right
proceedings if we discover any IPR infringement or passing off.
intellectual property of others. If you believe that your intellectual property
used in a way that gives rise to concerns of infringement, contact the Grievance
(details under Clause 16 of these Terms).
As a pre-condition of use of this
warrants to Company that User shall not use this Site for any purpose that is
unauthorized, or inconsistent with Terms, and the User agrees that this license
terminate immediately upon User's violation of this warranty. Company reserves
right, at its
sole discretion, to block/terminate User's access to this Site and its content
or without notice.
- Grievance Officer: In accordance with our policy and
under, the name and contact details of the Grievance Officer are provided
name][insert address][insert email][insert mobile](hereinafter referred to as
“Grievance Officer”)In this regard, please note that the Grievance
contacted by You for any grievance that you may have while using the Services of
- Indemnity and Release:
You shall indemnify and hold harmless Company, its
affiliates and their respective officers, directors, agents and employees, from
demand, or actions including reasonable attorney's fees, made by any third party
imposed due to or arising out of your breach of these Terms or any
made or any document incorporated by reference, or your violation of any law,
or the rights of a third party.
You hereby expressly release the Company or
affiliates or officers and representatives from any cost, damage, liability or
of any of the actions/inactions of the Channel Partners, vendors and
claims or demands that you may have in this behalf under any statute, contract
Company will not be responsible for any business loss (including
revenue, contracts, anticipated savings, data, goodwill or wasted expenditure)
indirect or consequential loss that is not reasonably foreseeable to both you
has been not computed beforehand mutually before using the Site.
Governing law and Jurisdiction:
These Terms are governed by and
with the laws of Nepal. You agree, as we do, to submit to the exclusive
courts at Kathmandu, Nepal.
- Suspension, Termination or Cancellation:
cancel or terminate your account registered with us, with or without notices, if
good faith that (a) that you breach any of these Terms and other policies.
Company reserves the right to modify these Terms at any time
any further notice(s) by uploading the revised Terms on the Site and it is your
Yourself aware of the revisions to the Terms.
- Limitation of Liability:
be liable for any damages of any kind whatsoever including but not limited to
incidental, punitive, exemplary and consequential damages, damages for loss of
profits, or other intangible losses, which may arise or are arising from the use
any of the Services, information, software, services and related graphics
Site or any of the Services offered, regardless of whether such damages are
tort, negligence, strict liability or otherwise, and even if Company has been
possibility of damages.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED
ELSEWHERE, COMPANY’S ENTIRE LIABILITY TO THE USER FOR ANY CLAIM ARISING
/ BROWING THE SITE SHALL BE LIMITED TO THE AMOUNT EQUIVALENT TO THE PRICE PAID
AND SERVICES GIVING RISE TO SUCH CLAIM.
- Third Party Links: Company may at
discretion, contain links to sites owned and maintained by persons or entities
Company. Company may also provide links to the other sites for purpose of
make payment to Company. Any of the foregoing links do not constitute an
of any such sites and are provided only as a convenience. Company is not
content or links displayed on such sites. Company is not responsible for the
of such sites which Company does not own, manage or control. Company does not
and makes no warranty or representation regarding materials posted, or Services
offered, on the sites to which this Site may be linked and Company shall not be
any deficiency thereof. Company does not endorse any or all of the materials,
services available on such linked sites, and Company expressly disclaims
contents of any linked site, the accuracy of any information contained in a
quality of the Services and services offered at any linked site. Any decision to
contents of any linked site is solely the responsibility of User and is made at
The Parties acknowledge and accept that electronic format
an acceptable means of communication for the purposes of these Terms. Here,
User and the Company.
These Terms constitutes the complete and entire
Parties on the subject of ‘terms of usage of the Site (save and except the
and shall supersede any and all other prior understandings, commitments,
agreements, whether written or oral, between the Parties to these Terms.
If any provision of these Terms shall be found by any court or
competent jurisdiction to be invalid or unenforceable, such invalidity or
no effect the other provisions of these Terms, which shall remain in full force
In no event will any delay, failure or omission (in whole or in part) in
or pursuing any right, power, privilege, claim or remedy conferred by or arising
Terms or by law, be deemed to be or construed as a waiver of that or any other
bar the enforcement of that, or any other right, power privilege, claim or
any other instance at any time or times subsequently.