THE MAJI BEACH BOUTIQUE HOTEL USER AGREEMENT

GENERAL CONDITIONS

• This website is operated by The Maji Beach Boutique Hotel part of Yellow Stone Ltd.
• The Maji Beach Boutique Hotel User Agreement (“Agreement”) is entered into by and between The Maji Beach Boutique Hotel and You, and is made effective as of the date of your use of this Website ("Site") and/or the date of your electronic acceptance.
This Agreement sets forth the general terms and conditions of your use of the Site and is in addition to The Booking Policy, Privacy Policy and Cookie Policy and any other specific policies and terms and conditions that apply to the particular Products and Services, accessed through this website.
• The terms “We,” “Us” or “Our” shall refer to The Maji Beach Boutique Hotel. The terms “You,” “Your,” “User” or “Customer and Client” shall refer to any individual or entity who accepts this Agreement and has access to your account. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
• The Maji Beach Boutique Hotel will be the sole arbiter in determining violations of this provision.

USER OBLIGATIONS

• Your use of the Site shall comply with all applicable local, state, national and international laws, rules and regulations.
• You will not engage in activities that promote false or deceptive language, or unsubstantiated or comparative claims regarding The Maji Beach Boutique Hotel Services, our Representatives, Business Partners, and Resellers.
• You will not copy, modify or distribute any part of this Site and the Services, except if authorized in writing by The Maji Beach Boutique Hotel.
• The Maji Beach Boutique Hotel reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any Account, for any reason, including but not limited to the following:
A)To correct mistakes made by The Maji Beach Boutique Hotel in offering or delivering any Services, B)To comply with court orders against you.

CHANGES TO THIS AGREEMENT

The Maji Beach Boutique Hotel may, in its sole discretion change or modify this Agreement at any time, and such changes or modifications shall be effective immediately upon posting to this Site. Your use of this Site or the Services after such changes or modifications shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) this Site and the Services. The Maji Beach Boutique Hotel also reserves the right to modify, change, or discontinue any aspect of this Site or the Services, including but without limitations to plans, terms, parameters of Services, prices, and fees, at any time.

ELIGIBILITY AND AUTHORITY

• This Site and the Services are available only to Users who can form legally binding contracts under applicable law. By using this Site or the Services, you represent and warrant that you are at least eighteen (18) years of age and that you can form legally binding contracts under applicable law, and you are not a person barred from purchasing, receiving and using the Services found under the laws of any jurisdiction.
• If you are entering into this Agreement on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement. You further agree to be bound by the terms of this Agreement for transactions entered into by you, anyone acting as your agent and anyone who uses your account or the Services, whether or not authorized by you.

ACCOUNTS:

To access some of the features of this Site, purchase Products and Services and use the Services, you will have to create an Account. You represent and warrant to The Maji Beach Boutique Hotel that all information you submit when you create your Account is accurate, current and complete and that you will keep your Account information accurate, current and complete. If The Maji Beach Boutique Hotel has any reason to believe that your Account information is untrue, inaccurate, out-of-date or incomplete, we reserve the right to suspend or terminate your Account. You are solely responsible for the activity that occurs on your Account, whether authorized by you or not, and you must keep your Account information secure, including but not limited to your customer number/login, password, and Payment information. You must notify The Maji Beach Boutique Hotel immediately of any breach of security or unauthorized use of your Account. The Maji Beach Boutique Hotel will not be liable for any loss you incur due to any unauthorized use of your Account. You may be liable for any loss The Maji Beach Boutique Hotel or others incur caused by your Account use, whether caused by you, or by an authorized person.

TRANSFER OF DATA ABROAD

If you are visiting this Site from a country other than the country in which our servers are located, your communications with us may result in the transfer of information (including your Account information) across international boundaries. By visiting this Website and communicating electronically with us, you consent to such transfers.

NEWSLETTER

If you subscribe to our newsletter, you agree to receive our newsletter emails that may include (but not limited to): business information, commercial information, promotions and any news related to our business. You may unsubscribe from our newsletter at any time.

AVAILABILITY OF THE WEBSITE

We attempt to provide this Site, twenty-four (24) hours a day, seven (7) days a week, (365) days a year. You acknowledge and agree that at times this Site may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions, periodic maintenance, repairs or replacements, or causes beyond our reasonable control, or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that we have no control over the availability of this Site on an uninterrupted basis and that we assume no liability to you or any other party.

CONTENT USE

The content on this Site, including but not limited to the text, software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features, trademarks, logos are owned by The Maji Beach Boutique Hotel and are subject to copyright. The Content should not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed without The Maji Beach Boutique Hotel written permission. This Agreement does not warrant ownership of any of these rights.

DISCLAIMER OF WARRANTIES:

• THE SERVICES ARE PROVIDED TO YOU ON AN "AS IS," AS AVAILABLE BASIS. THE MAJI BEACH BOUTIQUE HOTEL MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR SERVICE GUARANTEES, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.
• THE MAJI BEACH BOUTIQUE HOTEL FURTHER DISCLAIMS ANY REPRESENTATION OR WARRANTY:
A. THAT THE SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS.
B. NO ORAL OR WRITTEN ADVICE OR INFORMATION GIVEN BY THE MAJI BEACH BOUTIQUE HOTEL, ALL OUR REPRESENTATIVES, BUSINESS PARTNERS, AND RESELLERS WILL CREATE A WARRANTY OR GUARANTY. NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE.

LIMITATION OF LIABILITY:

YOU ACKNOWLEDGE AND AGREE THAT:

IN NO EVENT SHALL THE MAJI BEACH BOUTIQUE HOTEL, ALL OUR REPRESENTATIVES, BUSINESS PARTNERS, AND RESELLERS AND ALL THIRD PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY THAT MAY RESULT FROM:

• THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED TO THIS SITE.
• THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED TO THIS SITE.
• ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN.
• ANY INTERRUPTION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED TO THIS SITE.
• ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT THE MAJI BEACH BOUTIQUE HOTEL IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
• IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL THE MAJI BEACH BOUTIQUE HOTEL TOTAL AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE PARTICULAR SERVICES THAT ARE THE SUBJECT OF THE CAUSE OF ACTION.
• THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.

INDEPENDENT CONTRACTOR

The Maji Beach Boutique Hotel and User are independent contractors and nothing contained in this Agreement places THE MAJI BEACH BOUTIQUE HOTEL and User in the relationship of principal and agent, partners or joint venturers. Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of the other party or to obligate or bind the other party in any manner whatsoever.

NOTICE OF COMMUNICATION

All notices or reports permitted or required under this Agreement will be in writing and delivered by personal delivery, sent digitally via email, facsimile transmission or by certified or registered mail, return receipt requested, and will be deemed given upon personal delivery, (5) days after deposit in the mail, or upon acknowledgment or receipt of electronic transmission. Notices will be sent to the address set forth at the beginning of this Agreement or such other address as either party may specify in writing.

 


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