This web site and the related web sites contained herein (collectively, the “Site”) make available information on hotels, resorts, and other transient stay facilities (each a “Property”) owned, managed or franchised by the Atharva Developers and/or its subsidiaries and affiliates (collectively, “Atharva Developers Pvt Ltd”), and other travel‐related or consumer goods and services. The Site, and the services of each of its modules, is offered exclusively by Atharva Developers Pvt Ltd and/or its various third party providers and distributors.
The terms and conditions set out below (“Conditions”) apply to your use of the Site including the use of the information services offered on the Site.
In accessing, using, viewing, transmitting, caching or storing this Site or any of its services, functions, materials, or contents, you shall be deemed to have agreed to each and all the Conditions and notices in this Site without modification. Further, you agree to be bound by these Conditions so please carefully read this section before proceeding. If you do not accept these Conditions, you must refrain from using the Site. These Conditions must be read in conjunction with any other applicable terms and conditions governing the use of the Site.
Site
The Site makes available information relating to hotels and resorts owned or managed by the Atharva Developers, a company constituted under the laws of India, and its subsidiaries, controlled entities, affiliates and related parties belonging to Atharva Developers Pvt Ltd or being operated or managed by Atharva Developers Pvt Ltd.
Trademarks
The Site contains the name, trade and service marks, logos, devices of “Serene Resort & Convention”, “Vivanta By Serene Resort & Convention”, “The Gateway Hotels”, “Ginger”, “Serene Resort & Convention Air”, “Serene Resort & Convention Hotels, Resorts and Palaces”, “Serene Resort & Convention Exotica Resorts and Spas”, “Jiva” and other valuable trade and service marks owned by Atharva Developers Pvt Ltd or licenced to Atharva Developers Pvt Ltd to distinguish its services and products (collectively referred to as “Atharva Developers Pvt Ltd Intellectual Property”). Atharva Developers Pvt Ltd Intellectual Property is protected from copying and simulation under national and international laws and may not be reproduced, copied or otherwise used in any manner whatsoever, on any material whether tangible or intangible, without the express prior written permission and consent of Atharva Developers Pvt Ltd. Without limitation, you must not use any of the said trade or service marks, either alone or in conjunction or combination or variation with other trade and service marks, logos and devices:
- In or as the whole or part of your own trade marks;
- In connection with activities, products or services which are not undertaken or provided by Atharva Developers Pvt Ltd;
- In a manner which may be confusing, misleading or deceptive; or
- In a manner that disparages Atharva Developers Pvt Ltd or its information, products or services (including the Site).
- Nothing contained on the Site should be construed as granting, by implication, estoppels, or otherwise, any licence or right to use any of the trademarks without the written permission of Atharva Developers Pvt Ltd or such other party that may own the trademarks.
The image of Serene Resort & Convention , Hyderabad and that of its dome are our Intellectual property and are registered as Trademarks in India. Any use of the images of Serene Resort & Convention and/or its dome without our express consent in writing shall constitute infringement of our Intellectual Property Rights/registered Trademarks. In case you wish to use these images in your work, we are open to discuss granting licence, provided such use is commensurate with reputation and goodwill of the hotel. For any enquiries with regard to obtaining licence for use of such images, please get in touch with the General Counsel and/or Chief Revenue Officer of The Atharva Developers at Survey no 23 ,Shamshabad, Peddashapur, Hyderabad, Telangana 509325
Copyright
The Site, including each of its modules, is the copyrighted property of Atharva Developers Pvt Ltd and/or its various third party providers and distributors. The information, text, graphics, images, photographs, videos, sounds, links and all other information and software published or otherwise contained in the Site (“Information”) are either owned exclusively by Atharva Developers Pvt Ltd or licenced by Atharva Developers Pvt Ltd and except as specifically provided in these Conditions may not be copied, distributed, displayed, reproduced or transmitted, in any form or by any means whether electronic, mechanical, photocopying, recording, or otherwise, without the prior written approval of Atharva Developers Pvt Ltd.
Without limitation you may not, without such approval from Atharva Developers Pvt Ltd, create derivative works from any part of the Site or commercialise any Information, products or services obtained from any part of the Site. Information procured from a third party may be the subject of copyright owned by that third party. Unauthorised use of the Site and/or the materials contained on the Site may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials. The use of such materials on any other Website or in any environment of networked computers is strictly prohibited.
Your Use
The Site is for your personal non‐commercial use and the Information may be downloaded or printed by you solely for that purpose. You may only use the Site if you are at least 18 (eighteen) years of age and can enter into binding contracts (the Site is not available for use by minors). You are responsible for maintaining the secrecy of your passwords, login and account information. You will be financially accountable for all uses of the Site by you and anyone using your password and login information. The right to use the Information is a licence only, not a transfer of title, and is subject to the following restrictions:
- The information may not be used for any commercial purpose or public display, performance, sale or rental;
- No copyright or other proprietary notices may be removed:
- The information may not be transferred to another person;
- Software may not be interfered with in any manner;
- Every person downloading, reproducing or otherwise using the Information must prevent any unauthorised copying of the Information;
- You will only use the information for lawful purposes and in accordance with these Conditions.
- In addition, you agree that you will not use robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein, without the prior written consent of Atharva Developers Pvt Ltd (such content is deemed given for standard search engine technology employed by internet search Websites to direct internet users to the Site).
Information
Atharva Developers Pvt Ltd strives to ensure that the information is accurate and reliable. You accept that all Information provided on the Site or any other material accessed through the Site including via any Linked Website (refer Condition 8) is general information and is not in the nature of advice.
You also accept that all of the Information is provided on an “as is” basis and to the extent permitted by law, is provided without any warranty, representation or condition of any kind whether express, implied, statutory or otherwise. You assume all responsibility and risk for your use of or reliance upon Information and the Site or any other material accessed through the Site including via any Linked Website.
Whilst Atharva Developers Pvt Ltd seeks to ensure that the Information is reliable and accurate, errors and omissions may occur and therefore, to the extent permitted by law, Atharva Developers Pvt Ltd does not make or give any representation or warranty (express or implied) of any kind as to any matter relating to the Site and any Linked Website, including without limitation, as to merchantability, non infringement of intellectual property rights or fitness for purpose.
In particular Atharva Developers Pvt Ltd does not warrant that: The Information or any other material accessed through the Site including via any Linked Website is reliable, accurate or complete including, without limitation, information relating to prices and availability; or Your access to Information or any other material accessed through the Site including via any Linked Website will be uninterrupted, timely or secure.
Atharva Developers Pvt Ltd is not liable for any loss (direct or indirect) resulting from any action taken or reliance made by you on the Information or any other material accessed through the Site including via any Linked Website. You should make your own inquiries and seek independent professional advice before acting or relying on any such information or material.
Atharva Developers Pvt Ltd may from time to time update, modify or add to the Information, including these Conditions and absolutely reserves the right to make such changes without any obligation to notify past, current or prospective users of the Site. Unless otherwise specified to the contrary all new Information shall be subject to these Conditions.
Atharva Developers Pvt Ltd does not guarantee that the Site will operate continuously or without interruption or be error free. Atharva Developers Pvt Ltd may suspend or discontinue any aspect of the Site at any time without being liable for any direct or indirect loss as a result of such action.
Liability Disclaimer & Exclusion
In no event shall Atharva Developers Pvt Ltd be responsible for any direct, indirect, special, incidental or consequential loss or damage, however arising and whether in contract, tort or otherwise, which you may suffer in connection with or arising out of:
Your use of the Site or any Linked Website; or Your use of or reliance on Information or any other material accessed through the Site including via any Linked Website including without limitation, loss or damage by way of loss of profits, loss of business opportunity, business interruption or loss of information.
These Conditions do not purport to exclude liability arising by any applicable law if, and to the extent, such liability cannot be lawfully excluded, however, to the extent permitted by law, all warranties, terms or conditions which would otherwise be implied into these Conditions are hereby excluded. Where applicable law implies any warranty, term or condition, and that law prohibits exclusion or modification of any such warranty, term or condition, then the liability of Atharva Developers Pvt Ltd shall include liability for any breach of such warranty, term or condition but, to the extent permitted by law, the remedy for such breach will be limited as follows:
If the breach related to services the remedy will be limited to the supply of the services again or payment of the cost of having the services supplied again; and If the breach related to products and the products can be repaired the remedy will be limited to repair of such products or payment of the costs of having the products repaired, but otherwise, replacement of the products or the supply of equivalent products or payment of the cost of replacing the products or of acquiring equivalent products. The limitation of liability applies whether the alleged liability is based on contract, tort, negligence, strict liability or any other basis even if we have been advised of the possibility of such damage. If you are dissatisfied with the use of the 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.
Specific Warnings
You must ensure that your access to and your use of the Site is not illegal or prohibited by laws which apply to you.
You must take your own precautions that the process which you employ for accessing the Site does not expose you to the risk of virus, corrupted data, worms, other instructions or design that would erase data or programming or cause the Site or any equipment or system to become inoperable or incapable of being used in the full manner for which it was designed, or be subjected to malicious computer code, computer program routine or process or other forms of interference which may damage your computer system. Without limitation, you are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use the Site and is compatible with the Site. For the removal of doubt, Atharva Developers Pvt Ltd does not accept responsibility for any interference or damage to your computer system which arises in connection with your use of the Site or any Linked Website.
Atharva Developers Pvt Ltd does not guarantee or warrant that any material available for downloading from the Site or any Linked Website will be free from any virus, infection or other condition which has contaminating or destructive properties. You are responsible for taking sufficient precautions and checks to satisfy your own particular requirements for accuracy of data input and output.
You must ensure that any information which you provide to Atharva Developers Pvt Ltd is accurate and complete and does not contain any virus, malicious computer code, computer program routine or process or other form of interference which may damage the computer system of Atharva Developers Pvt Ltd or the Information or which may detrimentally interfere with or surreptitiously intercept or expropriate any Atharva Developers Pvt Ltd system, data or information.
Linked Website
The Site may contain links to other Websites (“Linked Websites”). Those links are provided for convenience only. Atharva Developers Pvt Ltd provides such links solely as a convenience to you and for information purposes only. Atharva Developers Pvt Ltd has not reviewed all of the information on these other websites.
You acknowledge and agree that Atharva Developers Pvt Ltd does not have any control over the content or availability of Linked Websites and accepts no responsibility for the content, privacy practices or any other aspect of Linked Websites.
Links with Linked Websites should not be construed as an endorsement, approval or recommendation by Atharva Developers Pvt Ltd of the owners or operators of those Linked Websites, or of any information, graphics, materials, products or services referred to or contained on those Linked Websites, unless and then only to the extent expressly stipulated to the contrary. If you decide to access the Linked Websites, you do so at your own risk.
Hotel Reservation
The reservations feature of the Site is provided solely to assist customers in determining the availability of travel related services and products and to make legitimate reservations and for no other purpose.
You warrant that you are at least 18 years of age, possess the legal authority to enter into the legal agreement constituted by your acceptance of these Conditions and to use the Site in accordance with such Conditions. You agree to supervise all usage by minors of this Site under your name or account. You also warrant that all information supplied by you or members of your household in using this Site is true and accurate and without limitation, or any false or fraudulent reservations.
You agree to be financially responsible for your use of the Site including without limitation for all reservations made by you or on your account for you, whether authorised by you or not. For any reservations or other services for which fees may be charged you agree to abide by the terms or conditions of supply including without limitation payment of all monies due under such terms or conditions.
The Site contains details of hotel charges and room rates (including any available special offers) for hotels and resorts owned or managed by Atharva Developers Pvt Ltd.
Hotel reservation terms and conditions of booking are set out on the Site and payment will be in accordance with the procedure set out in such terms and conditions.
You agree that you will make only legitimate reservations in good faith for use by you and your invited guests only, and not for other purposes, including without limitation, reselling, impermissibly assigning or posting on third party Websites or making speculative, false or fraudulent reservations, or any reservation in anticipation of demand.
No contract will subsist between you and Atharva Developers Pvt Ltd or any of its affiliates in respect of any services or products offered through the Site unless and until Atharva Developers Pvt Ltd accepts your order by e‐mail or automated confirmation through the Site confirming that it has accepted your reservation, booking or order and any such contract shall be deemed to incorporate the hotel reservation terms and conditions of booking. Any other relevant terms and conditions relating to particular services or products are set out in the Site.
You undertake that all details you provide to in connection with any services or products which may be offered by Atharva Developers Pvt Ltd on the Site (including hotel room reservations) will be correct and, where applicable, the credit card which you use is your own and that there are sufficient funds to cover the cost of any services or products which you wish to purchase. Atharva Developers Pvt Ltd reserves the right to obtain validation of your credit card details before providing you with any services or products.
Termination of Access
If you breach any of these Conditions your licence to use the Site will terminate immediately without the necessity of any notice being given to you. Otherwise access to the Site may be terminated at any time by Atharva Developers Pvt Ltd without notice. The provisions of these Conditions excluding, limiting and disclaiming the liability of Atharva Developers Pvt Ltd will nevertheless survive any such termination.
Idemnification
You agree to indemnify and defend and hold us and our subsidiaries, affiliates, officers, directors, agents and employees harmless from any claim or demand, made by any third party due to or arising out of your breach of this agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party. Atharva Developers Pvt Ltd’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.
Communication
With respect to all communications made to Atharva Developers Pvt Ltd on or through the Site including, without limitation, feedback, questions, comments and suggestions (the “Communications”): (a) no right of confidentiality shall apply to the Communications and Atharva Developers Pvt Ltd shall have no obligation to protect the Communications from disclosure; (b) Atharva Developers Pvt Ltd shall be free to reproduce, use, disclose and distribute the Communications to others; and (c) Atharva Developers Pvt Ltd shall be free to use any ideas, concepts, know‐how or techniques contained in the Communications for any purpose whatsoever, including, without limitation, the development, production and marketing of products and services that incorporate such information.
General
Atharva Developers Pvt Ltd does not accept any liability for any failure by Atharva Developers Pvt Ltd to comply with these Conditions where such failure is due to circumstances beyond its reasonable control. If Atharva Developers Pvt Ltd waives any rights available to it under these Conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion. If any of these Conditions are invalid, unenforceable or illegal for any reason, the remaining Conditions shall nevertheless continue in full force. You are completely responsible for all charges, fees, duties, taxes and assessments arising out of the use of the Site.
Privacy
Atharva Developers Pvt Ltd respects the privacy of the users of this Site. Your use of the Site is subject to Atharva Developers Pvt Ltd Privacy Policy. If you would like to view the privacy practices please review our Privacy Policy available on the Site. By using our site, you consent to your personal information being processed as set out in our Privacy Policy.
Governing law
Substantive laws of the Republic of India
Arbitation
In the event of any dispute arising out of or in connection with the subject matter of this agreement, parties / guests agree to refer such dispute to arbitration to be conducted under the rules of the London Court of International Arbitration, India (“LCIA India”). Arbitration proceedings shall be conducted before a Sole Arbitrator to be mutually appointed by the parties. If parties are unable to agree on a sole arbitrator, such sole arbitrator shall be appointed as provided for under the LCIA India Rules. Seat of such arbitration shall be in Hyderabad and proceedings shall be conducted in English. The decision of the arbitrator shall be final and binding.
Juricdiction
Exclusive jurisdiction of the Courts in Hyderabad
Reach out : Fom@sereneresort.in or +91-9063495100
Keeping Data Secure
We will use technical and organizational measures to safeguard your Data and we store your Data on secure servers. Technical and organisational measures include measures to deal with any suspected data breach. If you suspect any misuse or loss or unauthorized access to your Data, please let us know immediately by contacting us by email.
Retention of Data
Atharva Developers Pvt Ltd retains Data for as long as necessary for the use of our products and/or services or to provide access to and use of our website or mobile application, or for other essential purposes such as complying with our legal obligations, resolving disputes, enforcing our agreements and as long as processing and retaining your Data is necessary for our legitimate interests. Because these needs can vary for different data types and purposes, actual retention periods can vary significantly. Even if we delete your Data, including on account of exercise of your right under Clause 12 below, it may persist on backup or archival media for audit, legal, tax or regulatory purposes.
Where We Store Data
We may transfer your Data to recipients in India, where we are headquartered, and other countries. These countries may not have the same data protection laws as the country in which you initially provided the information. If we transfer your Data to other countries, we will protect that information as described in this Privacy Notice, as disclosed to you at the time of data collection or as described in our program-specific privacy notice.
If the GDPR/United Kingdom’s version of the GDPR applies to our processing of your Data, we will only process and/or transfer Data outside of the European Economic Area/United Kingdom where it is compliant with Data Protection Laws and the means of transfer provides adequate safeguards in relation to your Data, including for example:
(a) by way of a data transfer agreement incorporating the current relevant standard contractual clauses adopted in the European Economic Area/United Kingdom; or
(b) by transferring your Data to a country where there has been a finding of adequacy by the European Commission in respect of that country’s levels of data protection via its legislation; or
(c) where it is necessary for the conclusion or performance of a contract between us and a third party and the transfer is in your interests for the purposes of that contract; or
(d) where you have consented to the data transfer.
Your Rights and Choices
Depending on which country’s laws are applicable to you, you may have various rights in relation to the Data that we hold about you. To get in touch with us about any of your rights under Data Protection Laws, please use the contact details set in the section below, titled “How to Contact Us”. We will seek to deal with your request without undue delay, and in any event, within any time limits provided for in Data Protection Laws (subject to any extensions to which we are lawfully entitled). Please note that we may keep a record of your communications to help us resolve any issues which you raise. Where we are legally permitted to do so, we may refuse your request.
You may be entitled to the following rights in relation to your Data:
a) Right to Confirmation and Access – you may ask us to confirm what Data we hold about you at any time, and request us to modify, update or delete such Data. You may also request a copy of the Data we hold about you.
b) Right to Rectification – you have the right to request that we rectify any inaccurate or incomplete Data that we hold about you, including by means of providing a supplementary statement.
c) Right to Erasure – you have the right to request that we “erase” your Data in certain circumstances.
d) Right to Restrict Our Use of your Data – you have the right to request that we restrict our processing of your Data in certain circumstances, for example if you dispute the accuracy of the Data that we hold about you or you object to our processing of your Data (including where we process your Data for our legitimate interests, where permitted under applicable law).
e) Right to Object – this right enables you to object to us processing your Data where we do so for certain reasons.
f) Right to Data Portability – you have the right to request that we transfer your Data to another third party. This right of data portability only applies to certain types of Data.
g) Right to Withdraw Consent – where we have obtained your consent to process your Data for certain activities, you may withdraw this consent at any time and we will cease to carry out that particular activity that you previously consented to unless we consider that there is an alternative legal basis to justify our continued processing of your Data for this purpose.
h) Right to File Complaints – you have the right to lodge a complaint with the relevant supervisory authority in your jurisdiction.
To get in touch with us about these rights, or for more information about managing your Data and promotional communications, please use the contact details set out in the section below, titled “How to Contact Us”.
It is important that the Data we hold about you is accurate and current. Please keep us informed if your personal information changes during the period for which we hold it.
Processing Your Data
We take steps to ensure that your Data is processed according to the provisions of this Privacy Notice and the requirements of applicable law.
To ensure that your Data receives an adequate level of protection, we have put in place appropriate written contracts with Atharva Developers Pvt Ltd, Partners and Service Providers that we share your Data with.
Severability
If any court or competent authority finds that any provision of this Privacy Notice (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this Privacy Notice will not be affected.
Changes to This Privacy Notice
Our business changes constantly and our Privacy Notice will change also. We may email periodic reminders of our notices and conditions, unless you have instructed us not to, but you should check our website and mobile application frequently to see recent changes. The updated version will be effective as soon as it is accessible. We encourage you to review this Privacy Notice frequently to be informed of how we are protecting your information.
How to Contact Us
To request to review, update, or delete your personal information or to otherwise reach us, please submit a request by emailing us at dpo@sereneresort.in. You may contact us for information on Service Providers, Partners and Atharva Developers Pvt Ltd with whom we may share your Data in compliance with this Privacy Notice and applicable law. We will respond to your request within 30 days.
Grievance Officer
Please see below the details of our grievance officer:
Email: dpo@sereneresort.in
Address: Serene Resort & Convention Palace Hotel, 2, Sardar Patel Marg, New Delhi – 110021, India[IG1]