Terms of Use - Hoteliers Lanka

JOB BOARD

OWNERSHIP OF THE WEBSITE, ACCEPTANCE AND UPDATES OF THE TERMS OF USE

• Welcome to Hoteliers Lanka (hereinafter referred to as “Hoteliers Lanka”, the “Company”, the “Site” or the “Platform”).

• The owner of the website www.hotelierslanka.com is the Mentor Fuse (Private) Limited (hereinafter referred to as “Mentor Fuse”), Colombo, Sri Lanka. The Company has been registered at Registrar of Companies, Sri Lanka and the Reg. No. PV00210373.

• Hoteliers Lanka is the Sri Lanka’s only hospitality network and connects the world’s best talent with the world’s best hospitality brands and hotel schools. We are a partner to our members throughout their careers in the world’s fastest growing industry.

• By registering on Hoteliers Lanka and using the Site, you are entering into a legally binding agreement with Mentor Fuse (Private) Limited, based on the terms of this Use and the Hoteliers Lanka Privacy Policy and becoming a Hoteliers Lanka user (“User”).

• If you are using Hoteliers Lanka on behalf of a hotel school or company, our relationship may be governed by this Agreement as well as an additional separate agreement if needed.

• If you do not wish to become a User of Hoteliers Lanka, please do not click on “Register” and do not access, view or use any Hoteliers Lanka webpage or service. Any use you make of the Site or related services confirms your acceptance of, and agreement to be bound, by the present Terms of Use and our “Privacy Policy”.

• The Company may amend or modify these Terms of Use at any time. We consequently encourage you to check the Site periodically for any changes or updates. In any case, we will contact you to communicate any modifications which substantially affect the contents of these Terms of Use.

• Therefore, you should periodically visit this page and review the most up-to-date version of the “Terms of Use”.

DESCRIPTION OF SERVICES

Hoteliers Lanka provides a variety of online services to Users, including but not limited to:

• My Home: A homepage for all Users, with the Platform and most recent updates.

• Job Offers: A directory of all active offers posted by employers of the Hoteliers Lanka community. Jobs can also be posted by alumni or career centers of specific hotel schools holding subscription.

• My Profile: A personalized page for each User of the Platform (members, companies and hotel schools). Content of the information contained on this page may be customized by the User at any time.

• Directory: A directory of all members, companies, and hotel schools participating in the Hoteliers Lanka community.

CONDITIONS OF USE AND PROPER USE OF HOTELIERS LANKA

Hoteliers Lanka may be accessed and used by:

• Recruiters and company managers looking to connect with and hire top talents from the hospitality industry, after having selected a membership type and paid all related potential fees due to Hoteliers Lanka.

• Top talents from the hospitality industry, to connect with other members or companies and find internships, industrial training or permanent positions.

• You agree to use the Hoteliers Lanka platform according to what is established in the present Terms of use and not engage in any of the following prohibited activities:

• Copy, modify, host, stream, sublicense, or resell the Hoteliers Lanka services.
• Enable or allow others to use the Services using your account information.
• Impersonate another person or otherwise misrepresent your affiliation with a person or
entity, engage in any fraudulent action, hide or attempt to hide your identity.
• Use the Services to build any kind of database or for any commercial solicitation purpose.
• Collect or store personal data about other users in connection with any of the prohibited conduct and activities set forth above.
• Use any data mining or similar data gathering and extraction methods in connection with the Services.
• Access or attempt to access the Services by any means other than the interface we provided or authorized.
• Upload or share any content that is illegal, unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, part of a crime or illegal activity, violating anyone´s privacy or hateful.
• Attempt to disable, impair, harm or destroy the Services.
• Upload, post, transmit, or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
• Publish any person´s identification documents or sensitive financial information, or any personal information of third parties without their consent.
• Upload, post, transmit, or otherwise make available any content, that you do not have a right to make available under any law or contractual relationship.
You further warrant that:
• You have not been prohibited from having a Hoteliers Lanka account
• You are not a competitor of Hoteliers Lanka nor using the Platform for reasons that are in competition with Hoteliers Lanka (the Site may not be used or linked to by third-party recruiters or by any party charging a fee for access to this Site or any information comprised in this Site)
• You are not already registered on Hoteliers Lanka (only one account is permitted at a given time)
• You have full power and authority to enter into these “Terms of Use” and not violating any other agreement to which you are a party, and not violating any rights of Hoteliers Lanka.

• Hoteliers Lanka reserves the right to deny access to the Platform for any or no reason. Additionally, Hoteliers Lanka reserves the right to expel Users and prevent their future registration on the Site for violating these Terms of Use or the law.

OBLIGATIONS OF USERS

• To use the Site, you must agree to be bound by the “Terms of Use” and comply with all applicable laws.

• You declare that you are of legal age to enter into this Agreement and that you are fully competent and have the legal capacity to enter into this Agreement.

• You declare that all the data, information and contents you provide are accurate and up-to-date.

• You own and are responsible for all the information you provide and post on Hoteliers Lanka. You may request its deletion at any time, unless you have shared content or information with others and they have not deleted it, or it was copied or stored by other Users.

By providing information to Hoteliers Lanka, you represent and warrant that you are entitled to submit such information that it is accurate and updated and representative of your own profile or resume, education and work backgrounds/your company or hotel school. Users will only submit and post content or information on Hoteliers Lanka which is related to the lawful purposes of the Site as referred in Section 3 of these “Terms of Use”.

• It is your responsibility to use the search criteria available on the Site to filter the Users’ network and job offers. You agree to use such criteria in a manner that complies with all applicable laws and regulations.

• You must not submit content that is false, abusive, obscene, indecent, harmful, hateful, or that might be construed as harassment, that could embarrass anyone, or could motivate unlawful conduct.

• You must not delete or modify any material posted by any other User on the Platform.

• You must not collect, use, or share any content or information on Hoteliers Lanka Users, except as expressly permitted in the “Terms of Use” or by the user of such content or information.

• You must not add content to a content field that is not intended for such field on Hoteliers Lanka (including but not limited to personally identifiable information: telephone number, first and/or last name, email addresses, street addresses).

• You must not upload a symbol, drawing or any content other than a head-shot photograph of yourself for your personal profile photo.

• You must not upload a symbol, drawing or any content not directly related to your organization in your organization profile photos and logo.

• You must not rent, lease, trade or sell/resell access to Hoteliers Lanka or any content and information therein.

• You must not communicate, share or distribute content or information of Hoteliers Lanka and its Users with third parties found on the Hoteliers Lanka Platform and/or of its Users.

• You must not include, refer, or manage more than one job vacancy per offer you post on the Platform (doing so will incur additional charges).

• You must not post, upload, transmit, or share any content that contains viruses or that can damage the Platform or affect any Hoteliers Lanka User.

• You must not violate or attempt to violate the security, efficiency, or integrity of the Site in any way.

• You must not post or transmit any unsolicited advertising, promotional material, “spam”, junk mail, or any solicitation without the prior written consent of Hoteliers Lanka.

• You must not create, either manually or electronically, a database with information and content posted on Hoteliers Lanka.

• You own and are responsible for keeping your password and login details secure and confidential. You are responsible for anything that occurs through your account on the Platform until you cancel it or prove that your account security was compromised with no fault of your own. No User shall create more than one account on Hoteliers Lanka without prior written consent of Hoteliers Lanka.

USER INFORMATION

• You agree and acknowledge that Hoteliers Lanka may access, store, and disclose any information you provide when you register (or ask to get registered) or use the Site, if required by law or in a good faith belief that it is necessary for legal purposes to enforce this Agreement, respond to claims of violation of the rights of third parties, respond to customer service inquiries or protect the rights, property or security of Hoteliers Lanka, our Users, or the public.

• Users can edit, at any time, the content and information they post on the Site, including but not limited to their resume, company profile, photos, news and postings, attachments, links, feeds and job offers. The Users can also edit the visibility of such content and information by the distinct user types of the Site. All information that you provide to us is protected under and subject to our “Privacy Policy”, which is published and available on this Site (Privacy Policy).

• For hotels and hotel schools, you grant the right to Hoteliers Lanka to mention the organization as a Hoteliers Lanka member/partner and to use or display your organization’s name, logo or pictures on the Site. You further grant to Hoteliers Lanka the right to use or display your organization’s name, logo or pictures in promotional materials.

USER COMMUNICATIONS AND POSTS

The Platform has been designed for employers, hotel schools, members and alumni to easily interact and find jobs/candidates. Communications between the parties may not be initiated for any reason except those directly related to this purpose. However, Users acknowledge that there are risks in dealing and communicating with strangers and agree and assume all risks associated with such dealing and communications linked to their use of the Site.

INTELLECTUAL AND INDUSTRIAL PROPERTY AND CONTENT REGULATIONS

• You acknowledge and agree that all the contents of the Site, including, but not limited to, all information, data, text, software, sound, music, photographs, video, graphics, messages or other materials, may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.

• Hoteliers Lanka is the holder of the intellectual and industrial property rights, or has obtained the corresponding authorizations or licenses required for exploiting the domain name, the trademarks and distinctive symbols, the contents published, including all texts and images, and the remaining works and inventions associated to the Site and the technology associated to the same, as well as with regard to the contents. These domain names, trademarks, distinctive symbols, contents, remaining works and inventions cannot be used, reproduced or copied in any way without the previous explicit permission in writing of Hoteliers Lanka.

• The ownership of all the contents, replies, and comments added by Users on the Hoteliers Lanka Platform belongs to their corresponding authors.

• The User agrees that all the contents and information added on the Hoteliers Lanka Platform will be published and will be freely available to the rest of the users of the Hoteliers Lanka Platform without any limitation.

• The User declares and/or warrants that it owns all rights to publish the User´s contents on the Site, and thereby authorizes Hoteliers Lanka to communicate to the public, use, and exploit the publication in the format that Hoteliers Lanka shall deem adequate without any temporal or territorial restrictions.

• The Hoteliers Lanka Platform compiles and displays the content and information posted and transmitted by its Users and Hoteliers Lanka cannot be held responsible for the consequences of such postings and transmissions. Hoteliers Lanka does not preview, review, edit or monitor the content submitted by the Users on the Platform. Consequently, the Users acknowledge that any reliance whatsoever on any material or communication posted or transmitted by other Users is at their own risk.

• Hoteliers Lanka reserves the right (but shall have no obligation) to remove, or reject any content or communication submitted by any User on the Platform for any reason, at any time and without notice. Any such decision by Hoteliers Lanka shall not be subject to negotiation, debate or refund.

• Hoteliers Lanka cannot be held responsible or liable for the content, material and references of third party websites provided on the Platform. Any concern regarding such content, material and any other reference should be directly addressed to the third party.

PAYMENTS

• All payable fees to Hoteliers Lanka are presented to you within the Site and/or sent to you via email. The prices shown on the website or via email are expressed in the currency stated at the time of the purchase and include taxes which are applicable at all times and by territory unless clearly stated otherwise.

• The fees are directly payable by credit card or within fifteen days following the date of the Hoteliers Lanka invoice. The purchased service (credits or premium membership subscriptions) will not take full effect until the payment of the invoice is received by Hoteliers Lanka. Invoices are sent based on the price valid at the time of the order or the price agreed between the parties. Hoteliers Lanka reserves the right to modify its pricing policy while the relationship is ongoing.

• Hoteliers Lanka does not have access to bank information related to the means of payment and does not know or keep data during the payment transaction.

• Hoteliers Lanka has no obligation to refund any amounts in any circumstances, unless otherwise stated in these “Terms of Use” or agreed in writing with the Company.

TERM AND TERMINATION

• As a member, if you have free access to our platform, you may terminate your use of the Site and this Agreement for any or no reason and at any time, with written notice to Hoteliers Lanka. Your decision will become effective when Hoteliers Lanka processes your written notice. If you are using Hoteliers Lanka on behalf of a hotel school or company, our relationship may be governed by this Agreement as well as any additional accepted agreements.

• Hoteliers Lanka may terminate your use of the Site and this Agreement for any or no reason, including, but not limited to, a violation of these “Terms of Use” or your failure to pay any fees due to the Company, at any time, and with no compulsory prior notice.

• Termination of your Hoteliers Lanka account includes disabling your access to the Platform and may also prevent you from any future potential use of the Platform.

• Hoteliers Lanka may also discontinue providing the Site or any part of the Site at its sole discretion, at any time and with or without prior notice. In such event, you agree that Hoteliers Lanka may deactivate or delete your account and related content/information and that all fees and other amounts paid to the Company are non-refundable, except as otherwise defined in these “Terms of Use” or in any written consent provided by Hoteliers Lanka.

• For companies and hotel schools, in the event of a termination by Hoteliers Lanka for any reason other than breach by you of these “Terms of Use” and of the law, any prepaid fees for unused services will be reimbursed to you.

• For companies, the term of this agreement related to paid services commences upon the effective purchase date and expiration is subject to the service duration you select. Unless Hoteliers Lanka is otherwise notified to the contrary, the agreement will automatically be renewed with the same services than the preceding year. If the prices or other conditions were to change, Hoteliers Lanka will inform you accordingly.

If you do not wish to renew your contract, you need to inform Hoteliers Lanka using a written form (post, email or fax) at least 30 days (unless your contract states contrarily) before the contract expires for companies and for schools.

DISCLAIMER OF WARRANTIES

• You agree and acknowledge that the Site and all information and services are provided on an “as is” and “as available” basis without any express warranties or representations.

• Hoteliers Lanka is not responsible and makes no representations or warranties that the Site and its services meet your expectations that it functions without interruption or error in functioning. Hoteliers Lanka disclaims all liability for damages caused by and such interruption or error in functioning. Furthermore, Hoteliers Lanka disclaims all liability for any malfunctioning, impossibility of access or poor use conditions of the Platform due to inappropriate equipment, disturbances related to internet service providers or to the saturation of the internet network, and for any other reason.

• Hoteliers Lanka makes no warranty that the Site or any server through which you access the Platform is free of viruses or other harmful components. Any content or material downloaded or obtained through the use of the Site is at your own discretion and risk and you are solely responsible for any damage to your computer system or loss of data that results from the download of such content or material.

• Hoteliers Lanka makes no representations or warranties that there will be any minimum number of users with resumes or companies with job offers on the Platform, and that the information disclosed by the users with resumes or companies with job offers is accurate, up-to-date and reliable.

• Hoteliers Lanka makes no representations or warranties that any resume, job posting, news document, advertisement or other content or communication will be viewed by a minimum or defined number of users or by any specific user, and that your requirements or expectations on the quantity or quality of job applicants will be met.

LIMITATION OF LIABILITY

Hoteliers Lanka will implement all technical and organizational security measures that are required in accordance with security standards, but it shall not be held liable for any third party attacks of a criminal nature and those that are beyond its control.

MISCELLANEOUS

• Any requests or inquiries on these “Terms of Use” should be directed to us through our email info@hotelierslanka.com.

• These “Terms of Use” constitute the entire agreement between the parties and prevail over any previous agreement or arrangement.

• These “Terms of Use” are governed and construed in accordance with Sri Lanka laws, regardless of the country of origin of the User. Any disagreement will be treated by the competent tribunals of the canton of Sri Lanka or the applicable jurisdiction in the case of consumers.

• If any section of these “Terms of Use” is held invalid or unenforceable, that part shall be construed in a consistent way with applicable laws to reflect the initial and original intentions of the parties and the remaining sections and parts shall remain in full force and effect.

HOW TO CONTACT US

Should you have any questions about this Terms of Use or the Site in general, please contact us by email at info@hotelierslanka.com

COMMUNITY NETWORK

These Terms of Use (“Terms”) govern your use of Mentor Fuse (Private) Limited (“Mentor Fuse” or “our”) services (“Services” or “Hoteliers Lanka”), and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on Hoteliers Lanka (collectively referred to as “Content”). Before using Hoteliers Lanka, you are required to read, understand and agree to these terms. Please be advised that your use of Hoteliers Lanka constitutes your agreement to these Terms, so you should read them carefully. You may only access Hoteliers Lanka after reading and accepting these Terms of Use.

1. Your Agreement With Hoteliers Lanka

1.1. Choice of Law. Your relationship is with Hoteliers Lanka, a Mentor Fuse (Private) Limited company, and you agree to be bound by the laws of Sri Lanka.
1.2. Any information that you provide to Hoteliers Lanka is subject to our Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to Sri Lanka and/or other countries for storage, processing and use by Hoteliers Lanka. As part of providing you with the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your Hoteliers Lanka account, which you may not be able to opt-out from receiving.
1.3. By using our Services, you agree, to the fullest extent permitted by law, to defend, indemnify and hold harmless Hoteliers Lanka and all of its employees, shareholders, owners, officers and agents (“Hoteliers Lanka Group”) harmless from and against any claim or demand, made by any third party arising out of: 1) your use of our Services; 2) Content (including posts, images, videos, and other materials) you upload or share on Hoteliers Lanka); 3) your connection to our Services; 4) your violation of these Terms of Use; or 5) violation of any other applicable laws.

2. Basic Terms

2.1. You are responsible for your use of the Services, for any Content you post to the Services, and for any consequences thereof. The Content you submit, post, or display on any message board will be able to be viewed by other users of the Services who have the right to submit, post, or display on the same board. You should only provide Content that you are comfortable sharing with others under these Terms. You agree that by using the Services or posting any Content, you have reviewed and will adhere to our Community Guidelines.
2.2. You may use the Services only if you can form a binding contract with Hoteliers Lanka and are not a person barred from receiving services under the laws of Sri Lanka or other applicable jurisdiction.
2.3. The Services that Hoteliers Lanka provides are always evolving and the form and nature of the Services that Hoteliers Lanka provides may change from time to time without prior notice to you. In addition, Hoteliers Lanka may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
2.4. The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by Hoteliers Lanka on the Services are subject to change. In consideration for Hoteliers Lanka granting you access to and use of the Services, you agree that Hoteliers Lanka and its third-party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.

3. Your Content

3.1. Ownership: You retain all rights and ownership in your content. Hoteliers Lanka may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Hoteliers Lanka be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
3.2. Use. You hereby grant to us an unrestricted, irrevocable, perpetual, non-exclusive, fully paid and royalty-free license to use, copy, perform, display, create derivative works of, adapt and distribute your Content in any and all media throughout the world. To the greatest extent permitted by applicable law, you hereby waive any and all of your moral rights applicable to our exercise of the foregoing license.
3.3. Passwords. You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. Teamblind cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
3.4. Restrictions on Content and Use of the Services. We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services, to suspend or terminate users, and to reclaim usernames without liability to you. Your right to access and use our Services is limited in that you are, except as expressly stated otherwise in these Terms, not allowed to:
• Discuss or incite anything unlawful, misleading, malicious, or discriminatory.
• Defame, harass, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of other users of the Services, or any other individuals, groups or entities.
• Post any image or language that is offensive, pornographic, contains nudity, harmful, inaccurate, or threatening or otherwise inappropriate to any individual or group.
• Post anything contrary to our public image, goodwill or reputation.

4. Your License To Use the Services

Hoteliers Lanka gives you a personal, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by Hoteliers Lanka as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Hoteliers Lanka, in the manner permitted by these Terms. This license is revocable and Teamblind reserves the right to limit or terminate your authorization to use Hoteliers Lanka at any time.
4.1. Account Information. You need to create an account with us in order to use our Services. It is your responsibility to keep your log-in credentials secure and you are responsible to Hoteliers Lanka for all activities that occur via your account.

5. Hoteliers Lanka Rights

All right, title and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of Hoteliers Lanka and its licensors. The Services are protected by copyright, trademark, and other laws of both Sri Lanka and foreign countries. Nothing in the Terms gives you a right to use the Hoteliers Lanka name or any of the Hoteliers Lanka trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Hoteliers Lanka, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

6. Copyright Policy

Hoteliers Lanka respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to Hoteliers Lanka. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide Hoteliers Lanka with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Hoteliers Lanka to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, Hoteliers Lanka will also terminate a user’s account if the user is determined to be a repeat infringer. Our designated copyright agent for notice of alleged copyright infringement appearing on the Services is:
Mentor Fuse (Private) Limited
Attn: Copyright Agent
Email: info@hotelierslanka.com

7. Our Disclaimer of Warranties

7.1. You acknowledge and agree that by accessing or using the Services, you may be exposed to materials from others that you may consider offensive, indecent, or otherwise objectionable, and agree to accept that risk. Views expressed on our website or through our Services do not necessarily reflect our views. We do not support or endorse any content posted by you or other users. Certain content from others may be incorrectly labelled, rated, or categorized.
7.2. Although we will provide reasonable security measures to protect your content, we are not liable for any damages resulting from the disclosure of your content.
7.3. Disclaimer of Warranties: YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND HOTELIERS LANKA MATERIALS ARE PROVIDED TO YOU “AS IS,” WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. FOR EXAMPLE, WE MAKE NO WARRANTY THAT (a) THE SERVICES OR MATERIALS WILL MEET YOUR REQUIREMENTS OR WILL BE CONSTANTLY AVAILABLE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (b) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, SERVICES, OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; OR THAT (c) ANY ERRORS OR DEFECTS IN THE SITE, SERVICES, OR MATERIALS WILL BE CORRECTED.

8. Our Limitation of Liability

8.1. Limitation of Liability: IN NO EVENT SHALL HOTELIERS LANKA BE LIABLE TO YOU OR ANYONE ELSE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER.
8.2. HOTELIERS LANKA’S AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO TWENTY-FIVE THOUSAND RUPEES (RS. 25,000).
8.3. THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION.

9. Settling Disputes with Hoteliers Lanka

9.1. You agree that your relationship shall be governed by the laws of Sri Lanka and that any claims or grievances of any nature shall be brought exclusively in the courts of the County, or Sri Lanka District Court.
9.2. Disclaimer: You and Hoteliers Lanka each disclaim the U.N. Convention on Contracts for the International Sale of Goods. By using our Services, you and Hoteliers Lanka both agree it does not apply to the Services.

10. Termination

10.1. You can stop using our Services at any time.
10.2. We may add, modify, or remove features or functionalities, and we may suspend or stop all or part of the Services. We may also stop providing Services to you, or add or create new limits to our Services at any time.
10.2.1. If we determine in our reasonable judgment that you are not employed by or ceased employment with the company to which you have an access account in our Service, we may suspend or terminate your access to such account or Service without prior notice, at our sole discretion.
10.3. If the Service is terminated or discontinued, then we will make a reasonable effort to notify you and provide an opportunity to retrieve your content. If your group administrator terminates your access to a Service, then you may no longer be able to access content that you or other members of the group have posted to a shared workgroup or shared workspace.

11. Notices

11.1. Notice to Hoteliers Lanka. Unless these Terms or any Additional Terms say otherwise, you must send any notices to: Mentor Fuse (Private) Limited.
11.2. Notice to You: For purposes of service messages and notices about the Services, Hoteliers Lanka will place a banner notice across its pages or use other means we believe reasonable to alert you to certain messages and notices. You acknowledge and agree that the methods we use to notify you of any messages as described above are the best available methods for such notices, and that we shall have no liability associated with or arising from your failure to receive such critical information about the Services.

12. General Terms

12.1. Export Control. You acknowledge that the Services, and your use and handling of the Services, are subject to Sri Lanka and international laws, restrictions, and regulations that may govern the import, export, and use of the Services and Hoteliers Lanka Content. You agree to comply with all such laws, restrictions, and regulations.
12.2. English Version. The English version of this agreement will be the version used when interpreting or construing this agreement.
12.3. Severability: If a court finds any section of the Terms invalid or unenforceable, the rest of the Terms still apply.
12.4. No Waiver: Failure to enforce (or delay of the enforcement of) any of these Terms against you shall not constitute a waiver of the Terms or waiver of the right for Hoteliers Lanka to enforce such Terms.
12.5. Assignment or Transfer: You cannot assign or transfer your rights or obligations under this agreement to someone else without Hoteliers Lanka’s written permission. We can transfer our rights and obligations to you (if we are acquired by or merge with another company, sell one of the Services, or otherwise) without your permission.
12.6. Entire Agreement. These Terms are the entire and exclusive agreement between Hoteliers Lanka and you regarding the Services, and these Terms supersede and replace any prior agreements between Hoteliers Lanka and you regarding the Services. We may revise these Terms from time to time. If the revision, in our sole discretion, is material we will notify you via banner notice across our page or other means possible and appropriate for the type of notice provided. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.

CLASSIFIED ADS

Acceptance of Terms

Hoteliers Lanka, a Mentor Fuse (Private) Limited company (“Hoteliers Lanka”) provides a collection of online resources, including classified listings, advertising, email services and links to third party sites (referred to hereafter as “the Service”), available at the URL http://www.hotelierslanka.com/ (the “Site”), that are subject to the following Terms of Use (“Terms”). By using the Site or the Service in any way, you agree to comply with these Terms. In addition, when using particular Hoteliers Lanka services, you agree to abide by any applicable posted guidelines for those services, which may change from time to time. Please report any violation of these Terms to info@hotelierslanka.com.

Should you object to any term or condition of these Terms, any guidelines, or any subsequent modifications thereto or become dissatisfied with Hoteliers Lanka in any way, your only recourse is to immediately discontinue use of the Site and the Service. Hoteliers Lanka will not be held to be liable for any loss or damage for non-compliance.

These Terms may be updated by Hoteliers Lanka. You understand and agree that you are solely responsible for reviewing these Terms from time to time. Any continued use of the Software or Service by you after such amended Terms have been posted or information regarding such amendment has been sent to you, shall be deemed your consent and agreement to such amended Terms.

You understand and agree that unless expressly stated, Hoteliers Lanka in no way controls, verifies or endorses any of the information contained on or in the Service including listings, links, messages, advertisements and reviews.

Registration

Although registration is not required to use the Service or access to the Site, if you decide to register, you must complete the Hoteliers Lanka registration process. If you choose to register, you must submit a valid e-mail address and select a username and password during the registration process and be at least 18 years of age. You are responsible for maintaining the confidentiality of your username and password, and all uses of your account, whether or not you have authorized such use. You agree to notify Hoteliers Lanka immediately of any unauthorized use of your account.

Hoteliers Lanka reserves the right to refuse the Service or access to the Site to any user, or to delete accounts created by users who appropriate the name, likeness, email address or other personally identifiable information of another individual.

Content

You understand that all listings, messages, text, files, images, photos, video, audio or other materials (“Content”) posted on, transmitted through, or linked from the Site are the sole responsibility of the person or organization from whom such Content originated. You also understand that Hoteliers Lanka does not control and is not responsible for Content made available through the Site, and that by using the Site, you may be exposed to content that is offensive, indecent, inaccurate, misleading or otherwise objectionable. Please see our Content Policies page for complete details.

Furthermore, the Site and Content made available through the Site may contain links to other web sites that are completely independent of Hoteliers Lanka. Hoteliers Lanka makes no representation or warranty as the accuracy, completeness or authenticity of the information contained on such web site. Under no circumstances will Hoteliers Lanka be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, linked or otherwise made available via the Site.

You understand and agree that any uploading or posting will be at your sole risk and Hoteliers Lanka shall not be responsible to you in any way. Further, Hoteliers Lanka does not provide any warranty as to your use of third-party content or software that you obtain from the Site.

You are also fully responsible for any Content you post on the Site and to the consequences of any such Content. Although Hoteliers Lanka does not claim ownership of Content that its users’ post, by posting Content to the Service, you automatically grant, and you represent and warrant that you have the right to grant, to Hoteliers Lanka an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses through multiple tiers of the foregoing. You also understand and agree that Oodle, in its sole discretion, may delete any Content for any reason.

User Conduct

You agree to act responsibly and to treat other users with respect. Users also must not use the Site or the Service to harass or abuse other users. Individuals who have demonstrably harassed other individuals may be removed from the Service or blocked from the Site.

You agree not to post, email, otherwise make available Content that:

Is unlawful, harassing, libellous, abusive, threatening, harmful, bigoted, racially offensive, obscene or otherwise objectionable
Advertises any illegal services or the sale of any items prohibited or restricted by applicable law
Is harmful to minors or displays sexually explicit material of any kind
Encourages conduct that could constitute a criminal offence, gives rise to civil liability or otherwise violates any applicable local, state, national or international law or regulation
Transmits or posts any unsolicited or unauthorized advertising, “spam,” junk mail, “chain letters,” “pyramid schemes,” etc.
Transmits or posts any content that infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights
Transmits or posts any viruses or material designed to disrupt, limit or destroy any functionality of any computer software or hardware of users, members of the Hoteliers Lanka service
Collects, stores or solicits information about other users or members for commercial or unlawful purposes or engage in commercial activity such as contests, sweepstakes, etc. without Hoteliers Lanka’s prior consent
Contains personally identifiable information about another member that is published without their express consent
Contains material originally posted by another member that is reposted without permission or attribution
Has misleading email addresses or other manipulated identifiers to disguise its origin
Is purposefully posted in an irrelevant category or city, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on Hoteliers Lanka’s infrastructure
Is from more than one member account
Circumvents or attempts to defeat any security or verification measures relating to the use of the Site or Services

Additionally, you agree not to:

Contact anyone who has asked not to be contacted
“Stalk” or otherwise harass anyone
Delete or revise any material posted by any other user
Impersonate any person or entity or falsely state or misrepresent your affiliation with another person or entity
Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Site
Attempt to gain unauthorized access Hoteliers Lanka computer systems or networks to engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Site

Ownership

All right, title and interest in and to the Site and the Service are and will remain the exclusive property of Hoteliers Lanka and its licensors. Hoteliers Lanka logos, icons and other marks identifying Hoteliers Lanka services or products are trademarks of Hoteliers Lanka and may not be used without prior written permission. Except as otherwise expressly set forth in these Terms, you may not copy reproduce, distribute, or create derivative works of the Service or the Site without Hoteliers Lanka’s express written authorization. All rights not expressly granted in these Terms are reserved to Hoteliers Lanka.

Hoteliers Lanka respects the intellectual property rights of others and expects users of the Site to do the same. You may not post, distributed, or reproduce in any way any copyrighted material, trademarks, or other proprietary information that you do not have legal authorization to use. If you believe that through the Service your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please immediately notify us at info@hotelierslanka.com. Filing a notice of infringement with Hoteliers Lanka requires compliance with the requirements.

Dealings with Organizations or Individuals

Hoteliers Lanka shall not be liable for your interactions with any organizations and/or individuals found on the Site or through the Service. This includes, but is not limited to, payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with such dealings. These dealings are solely between you and such organizations and/or individuals. You agree that Hoteliers Lanka is not responsible for any damage or loss incurred as a result of any such dealings. Hoteliers Lanka is under no obligation to become involved in disputes between participants on the Site, or between participants on the Site and any third party. In the event of a dispute, you release Hoteliers Lanka, its officers, employees, agents and successors in rights from claims, damages and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and our service.

Limitation & Termination of Service

You acknowledge that Hoteliers Lanka may establish limits concerning use of the Service. You agree that Hoteliers Lanka has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that Hoteliers Lanka reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that Hoteliers Lanka shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

You agree that Hoteliers Lanka in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Site (or any part thereof), immediately and without notice, and remove and discard any Content within the Site, for any reason, including, without limitation, if Hoteliers Lanka believes that you have acted inconsistently with these Terms. Further, you agree that Hoteliers Lanka shall not be liable to you or any third-party for any termination of your access to the Site. Further, you agree not to attempt to use the Site or the Service after said termination.

Privacy & Information Disclosure

Hoteliers Lanka has a Privacy Policy that explains to users how their information is collected and used. A copy of the current version of our Privacy Policy. Your use of the Site or the Service signifies acknowledgement of and agreement to our Privacy Policy.

You further acknowledge that Hoteliers Lanka may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with the legal process, enforce these Terms, respond to claims that any Content violates the right of third-parties; or to protect the rights, property, or personal safety of Hoteliers Lanka, its users or the general public.

Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT USE OF THE SITE, THE SERVICE OR THE CONTENT IS AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF FILES, SOFTWARE, SERVICES AND/OR ANY GRAPHICS OR OTHER CONTENT. THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN “AS IS” BASIS. HOTELIERS LANKA, ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NEITHER HOTELIERS LANKA, NOR ITS LICENSORS OR SUPPLIERS MAKE ANY WARRANTY THAT THE SITE, THE SERVICE OR THE CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; NOR DOES OODLE ITS LICENSORS OR SUPPLIERS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY, TRUTHFULNESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Limitations on Liability

IN NO EVENT SHALL HOTELIERS LANKA, ITS LICENSORS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SITE, THE SERVICE OR THE CONTENT, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, DATE OR BUSINESS OPPORTUNITY, EVEN IF HOTELIERS LANKA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, HOTELIERS LANKA SHALL HAVE NO LIABILITY TO YOU OR OTHER THIRD PARTIES FOR ANY THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE. YOU AGREE THAT THE AGGREGATE LIABILITY OF HOTELIERS LANKA TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE SITE, THE SERVICE OR THE CONTENT IS LIMITED TO THE AMOUNTS YOU HAVE PAID TO HOTELIERS LANKA, IF ANY, FOR ACCESS TO AND USE OF THE SITE, THE SERVICE OR THE CONTENT. THE LIMITATIONS OF DAMAGES SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN HOTELIERS LANKA AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnity

YOU HEREBY AGREE, AT YOUR EXPENSE, TO INDEMNIFY, DEFEND AND HOLD HOTELIERS LANKA HARMLESS FROM AND AGAINST ANY LOSS, COST, DAMAGES, LIABILITY, AND/OR EXPENSE ARISING OUT OF OR RELATING TO (A) THIRD-PARTY CLAIMS, ACTIONS OR ALLEGATIONS OF INFRINGEMENT BASED ON INFORMATION, DATA OR CONTENT YOU SUBMITTED IN CONNECTION WITH THE SERVICE, (B) ANY FRAUD, MANIPULATION OR OTHER BREACH OF THESE TERMS BY YOU, OR (C) THIRD-PARTY CLAIMS, ACTIONS OR ALLEGATIONS BROUGHT AGAINST HOTELIERS LANKA ARISING OUT OF YOUR USE OF THE SERVICE OR THE SITE.

General Information

These Terms are governed in all respects by the laws of Sri Lanka, without reference to its conflicts of laws, principles and any dispute arising hereunder shall be submitted to country and federal courts in Sri Lanka and you consent to the exclusive jurisdiction of such courts. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Hoteliers Lanka’s failure to act with respect to a breach by you does not waive Hoteliers Lanka’s right to act with respect to subsequent or similar breaches. You may not assign or transfer these Terms or any rights hereunder, and any attempt to the contrary is void. These Terms shall inure to the benefit of and be binding upon each party’s successors and assigns. Hoteliers Lanka shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond Hoteliers Lanka’s reasonable control. Any notice required or given to you under these Terms shall be delivered by electronic mail at the e-mail address provided by you during registration. These Terms constitute the complete and exclusive understanding and agreement of the parties relating to the subject matter hereof and supersede all prior understandings, proposals, agreements, negotiations, and discussions between the parties, whether written or oral.