TERMS OF USE
1. AGREEMENT FOR USE
This Terms of Use (the “Agreement”) governs your use of this internet website located at www.redplanethotels.com (the “Site”) and is by and between (i) Red Planet Hotels Limited, having its registered address at 89 Nexus Way, Camana Bay, Grand Cayman KY1-9007, Cayman Islands, of the one part; and (ii) you, of the other part. By using, viewing, transmitting, caching, storing and/or otherwise utilizing the Site, the services or functions offered in or by the Site, and/or the contents of the Site in any way, you have agreed to each and all of the terms and conditions set forth below, and waive any right to claim ambiguity or error in this Agreement. If you do not agree to each and all of these terms and conditions please do not use the Site and leave the Site immediately. We reserve the right, at our sole and absolute discretion, to change, modify, add, or remove portions of these terms at any time without notice and, unless otherwise indicated, such changes will become effective immediately upon posting. Your continued use of the Site following the posting of changes to this Agreement means that you accept those changes.
You warrant that you possess the legal authority to use this Site in accordance with all terms and conditions in this Agreement. You also warrant that all information supplied by you is true and accurate.that you possess the legal authority to use this Site in accordance with all terms and conditions in this Agreement. You also warrant that all information supplied by you is true and accurate.that you possess the legal authority to use this Site in accordance with all terms and conditions in this Agreement. You also warrant that all information supplied by you is true and accurate.
The Site may provide you with the ability to use usernames, passwords, or other codes or devices to gain access to certain portions of the Site (the “Access Codes”). You are entirely responsible for maintaining the confidentiality of your Access Codes and for all activities that occur under your account. You agree to be financially responsible for all of your use of this Site (as well as for use of your account by others, including without limitation all usage by minors of this Site under your name or account). For any reservations or other services for which fees may be charged, you agree to abide by the terms or conditions of purchase imposed, including but not limited to, payment of all amounts when due and compliance with all rules and restrictions regarding availability of rates, products, or services. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of this Site.
2. RESTRICTIONS ON USE/ PROHIBITED CONDUCT
You agree that you will make only legitimate reservations in good faith for use by you or for other persons for whom you are legally authorized to act, and not for other purposes, including without limitation, reselling, impermissibly assigning or posting on third party websites. You agree that you will not make speculative, false, or fraudulent reservations or any reservation in anticipation of demand.only legitimate reservations in good faith for use by you or for other persons for whom you are legally authorized to act, and not for other purposes, including without limitation, reselling, impermissibly assigning or posting on third party websites. You agree that you will not make speculative, false, or fraudulent reservations or any reservation in anticipation of demand.
You also agree not to (i) use any device, software, or other instrument to interfere or attempt to interfere with the proper working of the Site; (ii) take any action that imposes an unreasonable or disproportionately large load on our infrastructure; (iii) not use any robot, spider, other automatic device, or manual process to monitor, scrape, or copy the Site or Red Planet Information (as defined below) contained therein, or any aspect of the Site or the Red Planet Information, without the prior expressed consent from us; (iv) use the Site for any purpose that is illegal, unlawful, or prohibited by this Agreement; (v) interrupt, disrupt, alter, destroy, impair, restrict tamper, or otherwise affect the proper operation of the Site in any way, including, without limitation, through the use of any malicious or unauthorized code, virus, worm, Trojan horse, malware, or program; or (vi) use the Site in any threatening, libelous, slanderous, defamatory, obscene, inflammatory, pornographic, discriminatory, or otherwise offensive manner.
We reserve the right in our sole discretion to revoke or deny your access to the Site, including, without limitation, if you violate any of the provisions of this Agreement.
3. INTELLECTUAL PROPERTIES
The content and information displayed on this Site is the property of Red Planet Hotels Limited (the “Red Planet Information”). The downloading, reproduction, or retransmission of Red Planet Information, other than for non-commercial individual use, is strictly prohibited.
This Site and the Red Planet Information contain and reference trademarks, patents, trade secrets, technologies, products, processes, or other proprietary rights of Red Planet Hotels Limited. No license or right to any such trademarks, patents, trade secrets, technologies, products, processes, and other proprietary rights of Red Planet Hotels Limited is granted to or conferred upon you. No Materials may be reproduced, distributed, posted, displayed, uploaded, or transmitted exche Red Planet Information contain and reference trademarks, patents, trade secrets, technologies, products, processes, or other proprietary rights of Red Planet Hotels Limited. No license or right to any such trademarks, patents, trade secrets, technologies, products, processes, and other proprietary rights of Red Planet Hotels Limited is granted to or conferred upon you. No Materials may be reproduced, distributed, posted, displayed, uploaded, or transmitted except as expressly permitted herein.
4. LINKED WEB SITES
This Site includes links to other web sites. We provide such links solely as a convenience to you and for informational purposes only. We shall not be responsible for the content of any other web sites and make no representation or warranty regarding any other web sites or the contents or materials on such web sites. Other web sites may include links to the Site. The inclusion of such links does not indicate the other web site’s endorsement, support or approval of the content, advertising, products, services, policies or other materials on or available from the Site.
5. DISCLAIMERS
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE AND THE RED PLANET INFORMATION ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR ANY GUARANTEE OR ASSURANCE THAT THE SITE AND/OR THE RED PLANET INFORMATION WILL BE AVAILABLE, ADEQUATE, ACCURATE, UNINTERRUPTED, COMPLETED, OR ERROR FREE. WE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY MALICIOUS OR UNAUTHORIZED CODE AND YOU ARE SOLELY RESPONSIBLE FOR ENSURING YOU HAVE APPROPRIATE SCANNING AND PROTECTIVE MECHANISMS FOR THE SECURITY OF YOUR DEVICES, PROGRAMS, AND INFORMATION. BY USING ANY OF THE SITE AND/OR THE RED PLANET INFORMATION, YOU ARE ASSUMING ALL RISK OF LOSS THAT MAY ARISE OR BE ASSOCIATED WITH THAT USE. INFORMATION ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR ANY GUARANTEE OR ASSURANCE THAT THE SITE AND/OR THE RED PLANET INFORMATION WILL BE AVAILABLE, ADEQUATE, ACCURATE, UNINTERRUPTED, COMPLETED, OR ERROR FREE. WE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY MALICIOUS OR UNAUTHORIZED CODE AND YOU ARE SOLELY RESPONSIBLE FOR ENSURING YOU HAVE APPROPRIATE SCANNING AND PROTECTIVE MECHANISMS FOR THE SECURITY OF YOUR DEVICES, PROGRAMS, AND INFORMATION. BY USING ANY OF THE SITE AND/OR THE RED PLANET INFORMATION, YOU ARE ASSUMING ALL RISK OF LOSS THAT MAY ARISE OR BE ASSOCIATED WITH THAT USE.
6. INDEMNIFICATION
You hereby indemnify, defend and hold us and our hotels and each of our subsidiaries, affiliates, franchisees and each of such person's or entities officers, directors, agents, contractors, subcontractors, guests, residents, visitors, licensees, invitees, permitees and employees (collectively, the “Indemnified Parties”) harmless from and against any and all allegations, demands, claims, liabilities, damages, fines, penalties or costs of whatsoever nature (including reasonable attorneys’ fees) and whether by reason of death of or injury to any person or loss of or damage to any property or otherwise (the “Claims”) arising out of or in any way connected with this Agreement, the services or products provided to you by the Site or any related act or failure to act by you and whether or not occasioned or contributed to by the negligence of Red Planet Hotels Limited or any agent or employee of the Indemnified Parties or any of them (except as and to the extent prohibited by applicable law) or Claims arising from your account, including, without limitation, any Claims related to infringement by you of the intellectual property rights of any person, including without limitation, copyright, patent, trade secret, trade mark, privacy, publicity or rights under other intellectual property laws. In the event that any Claim is made or any action or proceeding is brought against the Indemnified Parties, or any of them, arising out of or connected with this Agreement, any such Indemnified Party may, by reasonable notice to you, require you, at your expense, to resist such Claim or take over the defense of any such action or proceeding and employ counsel for such purpose, such counsel to be subject to the prior written approval of such Indemnified Party, which approval shall be deemed to have been given hereby in the case of counsel acting for your insurance underwriters engaged in such resistance or defense. You shall cooperate with us in the defense of any Claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.nd each of our subsidiaries, affiliates, franchisees and each of such person’s or entities’ officers, directors, agents, contractors, subcontractors, guests, residents, visitors, licensees, invitees, permitees and employees (collectively, the “Indemnified Parties”) harmless from and against any and all allegations, demands, claims, liabilities, damages, fines, penalties or costs of whatsoever nature (including reasonable attorneys’ fees) and whether by reason of death of or injury to any person or loss of or damage to any property or otherwise (the “Claims”) arising out of or in any way connected with this Agreement, the services or products provided to you by the Site or any related act or failure to act by you and whether or not occasioned or contributed to by the negligence of Red Planet Hotels Limited or any agent or employee of the Indemnified Parties or any of them (except as and to the extent prohibited by applicable law) or Claims arising from your account, including, without limitation, any Claims related to infringement by you of the intellectual property rights of any person, including without limitation, copyright, patent, trade secret, trade mark, privacy, publicity or rights under other intellectual property laws. In the event that any Claim is made or any action or proceeding is brought against the Indemnified Parties, or any of them, arising out of or connected with this Agreement, any such Indemnified Party may, by reasonable notice to you, require you, at your expense, to resist such Claim or take over the defense of any such action or proceeding and employ counsel for such purpose, such counsel to be subject to the prior written approval of such Indemnified Party, which approval shall be deemed to have been given hereby in the case of counsel acting for your insurance underwriters engaged in such resistance or defense. You shall cooperate with us in the defense of any Claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
7. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE FOR ANY LOST PROFITS, COST OF COVER, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, RELIANCE, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE SERVICES OR FUNCTIONS OF THE SITE OR ARISING OUT OF YOUR ACCESS TO, OR INABILITY TO ACCESS, THE SITE OR YOUR RELIANCE UPON, THE SITE OR THE SERVICES, CONTENT OR MATERIALS IN, OR FUNCTIONS OF, THE SITE, PROVISION OF, OR FAILURE TO PROVIDE SERVICES, OR INFORMATION, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, WE HAVE NO DUTY TO UPDATE THE SITE OR THE CONTENTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT/TORT), INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE 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 SITE AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH THE TERMS HEREOF.HALL WE BE LIABLE FOR ANY LOST PROFITS, COST OF COVER, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, RELIANCE, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE SERVICES OR FUNCTIONS OF THE SITE OR ARISING OUT OF YOUR ACCESS TO, OR INABILITY TO ACCESS, THE SITE OR YOUR RELIANCE UPON, THE SITE OR THE SERVICES, CONTENT OR MATERIALS IN, OR FUNCTIONS OF, THE SITE, PROVISION OF, OR FAILURE TO PROVIDE SERVICES, OR INFORMATION, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, WE HAVE NO DUTY TO UPDATE THE SITE OR THE CONTENTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT/TORT), INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE 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 SITE AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH THE TERMS HEREOF.
8. TERMINATION
This Agreement is effective until terminated by either party. You may terminate these terms at any time by discontinuing use of the Site and destroying all materials obtained from any and all such sites and all related documentation and all copies and installations thereof, whether made under the terms of this Agreement or otherwise. Your access to the 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 this Agreement. Upon termination, you must cease use of the Site and destroy all materials obtained from such site and all copies thereof, whether made under the terms of this Agreement or otherwise. Notwithstanding the termination of this Agreement, you acknowledge and agree that those rights and obligations which by their nature are intended to survive the termination of this Agreement in order to be fully operative, shall survive the termination of this Agreement including, without limitation, the following provisions hereof: (2) Restrictions on Use/Prohibited Conduct; (5) Disclaimers; (6) Indemnification; and (7) Limitations on Liability.
9. PRIVACY
Your use of the Site is subject to our Privacy Policy. If you would like to view the privacy practices that govern how we process information about you on the Site, please review our Privacy Policy.
10. GENERAL PROVISIONS
Any claim relating to this Agreement or the Red Planet Information shall by governed by the laws of Singapore. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior oral and written agreements. No failure or delay on the part of Red Planet Hotels Limited in exercising any right or remedy hereunder or enforcing the terms and conditions of this Agreement will operate as a waiver thereof. If any part or provision of this Agreement is found to be invalid, unenforceable or void, then the remaining portion shall remain in full force and effect. Headings are for convenience only and not for use in interpretation of this Agreement.
