Terms of Use

(Last Updated on 25 February, 2019)

 

 

INTRODUCTION

 

This document (“Terms of Use”) is an electronic record in terms of the Applicable Laws (as defined hereinbelow). This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the Applicable Laws that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of our web application www.ukeysmart.com (“ Website”) and our “Ukey Smart” application for mobile and handheld devices (“UkeySmart App”). The web application and UkeySmart App are jointly referred to as the “Platform”.

 

The Platform is operated and owned by Ukey Smart Solutions Private Limited (“Ukey”, “Company”, we”, “us” and “our”). For the purpose of this Terms of Use, wherever the context so requires, “you” or “your” shall mean the user(s) and the terms “we”, “us” or “our” shall mean Ukey. For the purpose of this Terms of Use, wherever the context so requires, “Applicable Laws” shall mean all laws, ordinance, statutes, rules, order, decree, injunction, license, permits, registration, approval, authorization, consent, waiver, privileges, agreement, bye-laws, guidelines and regulation of any governmental authority having jurisdiction over the relevant matter as such are in effect as of the date hereof or as may be amended, modified, revoked, or enacted from time to time hereafter.

 

Please read these Terms of Use carefully before you use the services of the Platform. If you do not agree to these Terms of Use, you may not use the services on the Platform, and we request you to uninstall the Ukey Smart App. By installing, downloading or even merely accessing/using the Platform, you shall be contracting with Ukey and you signify your acceptance to the Terms of Use and other Ukey policies (including but not limited to the privacy policy) as posted on the Platform from time to time, which takes effect on the date on which you download, install or use the Platform, and create a legally binding arrangement to abide by the same. All rights, including copyright, patent, trademark in the Platform are owned by or licensed to Ukey. Any use of the Platform or its contents, including copying or storing it in whole or part is prohibited without the permission of Ukey.

 

If you have any queries about these Terms of Use or have any comments or complaints on or about our Platform, please email us at info@ukeysmart.com

 

ELIGIBILITY CRITERIA

 

Any use/purchase/contract from/with, the Platform is not intended for persons under the age of 13 or such other age as prescribed under Applicable Laws (“Permissible Age”). Accordingly, by using our Platform or agreeing to these Terms of Use, you warrant and represent to us that you are of the Permissible Age. We do not knowingly provide any service of the Platform to persons or solicit information from anyone below the Permissible Age. In case, we become aware that any person below the Permissible Age is using the Platform, we will restrict the access of the Platform to such user as soon as possible. If you believe that any person under the Permissible Age is using the Platform or you might have any information of a user under the Permissible Age, please contact us at info@ukeysmart.com

 

Those who choose to access the Platform from outside India are responsible for compliance with Applicable Laws of the land and the Indian laws.

 

Communications

 

When you use the Platform or send emails or other data, information or communication to us, you agree and understand that you are communicating with us through electronic records and you consent to receive communications via electronic records from us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.

 

USE OF PLATFORM

 

  1. You shall be required to create your account on Ukey Smart App by registering your email address by providing a username, password, email address, mobile number, name and address. Ukey, at its sole discretion, will confirm the registration of account on the Ukey Smart App. We may disable your Ukey Smart App account at our discretion without notice.

 

  1. Ukey Smart App enables transactions between its users and the participating hotels and service apartments etc. (collectively, Hotel”). The user can complete the check-in formalities of the Hotel from any location through the Platform, control the selected devices installed in the smart room booked by the user at the Hotel and avail selected available services of the Hotel including but not limited to ordering food and beverages from the restaurants in the Hotel for in-house consumption through the Platform.

 

  1. Ukey does not have any control or determine or advise or in any way involve itself in the offering or acceptance of commercial/contractual terms between the Hotel and you. The commercial/contractual terms include without limitation price, taxes, payment methods, payment terms, date, period, delivery, quality, quantity and warranties related to products and services and after sales services related to products and services. All such commercial/contractual terms are offered by and agreed to between you and the Hotel alone.

 

  1. Ukey does not make any representation or warranty as to the description or details (including but not limited to legal title, creditworthiness, identity, etc.) of any of the Hotel. You are advised to independently verify the bona fides of any particular Hotel that you choose to deal with on the Platform and use your best judgment in this regard. All third party offers are subject to respective party terms and conditions. Ukey takes no responsibility for such offers.

 

  1. Ukey neither makes any representation or warranty as to specifics (such as quality, value, saleability, etc.) of the products or services facilitated through, displayed or offered on the Platform nor does implicitly or explicitly support or endorse the sale or purchase or use of any such products or services on the Platform. Ukey accepts no liability for any errors or omissions in relation thereto, whether on behalf of itself or third parties.

 

  1. Ukey is not responsible for any non-performance or breach of any contract entered between you and the Hotel. Ukey cannot and does not guarantee that the concerned Hotel will perform any transaction initiated through the Ukey Smart App. Ukey is not responsible for unsatisfactory or non-performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered or services which are unserviceable or unavailable.

 

  1. Ukey is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between you and the Hotel. In case of complaints, the Hotel shall be liable for redressing user complaints.

 

  1. Ukey, at their sole discretion, may change the features or functionality of the services of the Platform at any time, without notice to the you.

 

  1. Any request placed on the Platform is subject to the approval of the Hotel, the Platform will display the status of request as ‘request received’. Once the request has been accepted by the concerned Hotel your order will be confirmed and the status of the request will be updated to ‘request confirmed’. However, the Hotel alone shall be responsible for the confirmation/ non-confirmation fulfilment/ non-fulfilment/ satisfaction etc. of the request placed on the Platform and Ukey shall not be liable in this regard.

 

CONTENTS

 

Ukey, together with its licensors, reserves all intellectual property rights in all text, programs, products, processes, technology, content, photographs, designs and other materials, which appear on the Platform. Access to the Platform does not authorize anyone to use any name, logo or mark in any manner. All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of the Platform (collectively, the “Contents”) are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Platform for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You will not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents of the Platform or any related software. All software used on the Platform is the property of Ukey or its licensors and they are protected by Indian and international copyright laws.

 

Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and images of third party products, services and/or locations featured on the Platform are in no way associated, linked or affiliated with Ukey and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on the Platform are owned by the respective trademark owners.

 

We reserve the right, at any time and without prior notice, to remove, block, or disable access to any Content that we, for any reason or no reason, consider to be objectionable, in violation of the Terms of Use or otherwise harmful to the Platform or our users in our sole discretion. Subject to the requirements of Applicable Laws, we are not obligated to return any of your content to you under any circumstances.

 

YOUR OBLIGATIONS

 

  1. You shall not make claim against Ukey for the following issues:

 

  1. The services or goods provided by the Hotel including, but not limited, serving of food/ beverage orders suiting your requirements and needs;

  2. The Hotel’s or goods not being up to your expectations or leading to any loss, harm or damage to you;

  3. The availability or unavailability of certain items on the menu;

  4. The Hotel serving incorrect or unsatisfactory orders;

  5. The details of the menu and price list available on the Platform are based on the information provided by the Hotel and we shall not be responsible for any change or cancellation or unavailability regarding the same;

  6. Non-functioning and/or any error on Platform;

  7. Non- fulfilment and/or non-availability of the services offered by the Hotel or any third party;

  8. Any delay in check-in approval by the Hotel or in updating details of early check-in/ check- out due to any reason whatsoever.

 

  1. You agree and acknowledge that neither us nor the Hotel shall be liable in the event you fail to adhere to the Terms of Use;

 

  1. If you use the Platform, you do the same at your own risk;

 

  1. You acknowledge that in case your phone/device is lost or stolen, Ukey shall not be responsible for any unauthorized use on the Platform by any third party using such phone;

 

  1. You acknowledge that the facilities offered through the Platform are dependent on the working hours of the relevant Hotel.

 

  1. You must provide true, accurate, current and complete information about yourself as prompted by Ukey Smart App registration form.

 

  1. Upon change or inaccuracy of any information provided by you on the Platform, you shall be responsible to promptly inform Ukey.

 

  1. You shall be responsible for securing and maintaining your user id and password. You agree and acknowledge that you will not disclose your login details, including but not limited to your password to any third party and that you, alone, shall be responsible for any activity or action from your account on the Platform, whether such activity or action has been authorized by you or not. In case of any unauthorized use of your account on the Platform, you shall be responsible to promptly inform Ukey.

 

  1. You acknowledge and agree to maintain and promptly update the registration data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, incomplete, or not current or if Ukey has reasonable grounds to suspect that such information is untrue, inaccurate, and not current or not in accordance with these Terms of Use, we have the right to indefinitely suspend or terminate your membership and refuse to provide you with access to the Platform.

 

  1. You will provide authentic and true information in all instances where such information is requested from you. Ukey reserves the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), Ukey has the right in its sole discretion to reject the registration and debar you from using the services of the Platform and or other affiliated websites without prior notice whatsoever.

 

  1. You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, password ‘mining’ or any other illegitimate means.

 

  1. You are prohibited from violating or attempting to violate the security of the Platform, including, without limitation, accessing data not intended for you or logging onto a server or an account, which you are not authorized to access.

 

  1. You shall not use the Platform with an intent to cause any benefit to any of the Platform’s competitor or with an intent to dissect and gather information of Platform’s source code or operating style etc.


 

  1. You shall not engage in any activity which involves advertisement, promotion or providing information to deal in the products or services of any of the Platform’s competitor. You agree and acknowledge that you shall not convey or impart any unsolicited commercial or junk emails to other users through the Platform.

 

NO ENDORSEMENT

 

We do not endorse any Hotel. In addition, although these Terms of Use require you to provide accurate information, we do not attempt to confirm, and do not confirm, if it is purported identity. We shall not be responsible for any damage or harm resulting from your interactions with other members of Ukey Smart App. Further, by using the services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other members of Ukey Smart App or any other third parties will be limited to a claim against the particular members or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from us with respect to any such actions or omissions.

 

Privacy

 

Protection of your privacy is fundamental for us. We understand clearly that you and your personal information is one of the Company’s most important assets. We store and process your personal information including any sensitive financial information collected (as defined under the Applicable Laws), if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Applicable Laws. Our current privacy policy is available at Privacy Policy. If you object to your personal information being used in this way, you must not use the Website.

 

DISCLAIMERS

 

  1. The Platform may be under constant upgrades, and some functions and features may not be fully operational. Due to the vagaries that can occur in the electronic distribution of information and due to the limitations inherent in providing information obtained from multiple sources, there may be delays, omissions, or inaccuracies in the content provided on the Platform or delay or errors in functionality of the Platform. As a result, we do not represent that the information posted is correct in every circumstance.

 

  1. You acknowledge that third party services are available on the Platform. We may have formed partnerships or alliances with some of these third parties from time to time in order to facilitate the provision of certain services to you. However, you acknowledge and agree that at no time are we making any representation or warranty regarding any third party’s services nor will we be liable to you or any third party for any consequences or claims arising from or in connection with such third party including, and not limited to, any liability or responsibility for, death, injury or impairment experienced by you or any third party. You hereby disclaim and waive any rights and claims you may have against us with respect to third party’s / Hotel services.

 

  1. While the materials provided on the Platform are prepared to provide accurate information regarding the subject discussed, the information contained in these materials is being made available with the understanding that we make no guarantees, representations or warranties whatsoever, whether expressed or implied, with respect to professional qualifications, expertise, quality of work or other information herein. Further, we do not, in any way, endorse any service offered or described herein. In no event, we shall be liable to you or any third party for any decision made or action taken in reliance on such information.

 

  1. The information provided hereunder is provided “as is”. We and/or our employees make no warranty or representation regarding the timeliness, content, sequence, accuracy, effectiveness or completeness of any information or data furnished hereunder or that the information or data provided hereunder may be relied upon. Multiple responses may usually be made available from different sources and it is left to the judgement of users based on their specific circumstances to use, adapt, modify or alter suggestions or use them in conjunction with any other sources they may have, thereby absolving us as well as our consultants, business associates, affiliates, business partners and employees from any kind of professional liability.

 

  1. We shall not be liable to you or anyone else for any losses or injury arising out of or relating to the information provided on the Platform. In no event will we or our employees, affiliates, authors or agents be liable to you or any third party for any decision made or action taken by your reliance on the content contained herein.

 

  1. In no event, we will be liable for any or all damages (including, without limitation, direct, indirect, incidental, special, consequential or exemplary damages, damages arising from personal injury/wrongful death, and damages resulting from lost profits, lost data or business interruption), resulting from any services provided by any third party or merchant accessed through the Platform, whether based on warranty, contract, tort, or any other legal theory and whether or not you are advised of the possibility of such damages.

 

  1. We reserve the right to change the Platform disclaimer from time to time. If this happens, we will notify you by posting the updated disclaimer on the Platform. If you do not wish to be governed by the revised Platform disclaimer, you must not use the Platform.

 

USE OF PERSONAL INFORMATION

 

  1. Ukey may send booking confirmation, information, cancellation, payment confirmation, or any such other information relevant for the transaction, via e-mail on the email address provided by you at the time of booking the Hotel.

 

  1. Ukey may also contact you by voice call, SMS or email, to know the preference of the user for concluding the transaction and also to help the user for the same.

 

  1. You hereby unconditionally consent that such communications via SMS and/ or voice call and/or e-mail by Ukey is (a) upon the request and authorization of the user, (b) ‘transactional’ and not an ‘unsolicited commercial communication’ as per the guidelines issued by the Telecom Regulation Authority of India (TRAI) or any other authority under the Applicable Laws, and (c) in compliance with the relevant guidelines of TRAI or such other authority in India and abroad.

 

  1. You will indemnify Ukey against all types of losses and damages incurred by Ukey due to any action taken by the concerned authority, of the jurisdiction where the Platform is being used , due to any erroneous compliant raised by you on Ukey with respect to the intimations mentioned above or due to a wrong number or email id being provided by you for any reason whatsoever.

 

UPDATING OF INFORMATION BY UKEY

 

You acknowledge that Ukey provides services on Platform with reasonable diligence and care. Ukey endeavors its best to ensure that user does not face any inconvenience. However, at certain events, the information, software, products, and services on the Platform included in or available through the Platform or other sales channels and ad materials may include inaccuracies or typographical errors which will be corrected promptly as and when it comes to the knowledge of Ukey. Changes are/may be periodically made/added to such information as provided. Ukey may make improvements and/or changes in the Ukey websites at any time without any notice to the user. Any advice received except through an authorized representative of Ukey via the Platform should not be relied upon for any purpose or decisions.

 

MODIFICATION OF THESE TERMS OF USE

 

Ukey reserves the right to modify the Terms of Use, at any time ,without any prior notification to you. Subsequent to any such modification of the Terms of Use, the updated terms and conditions will be uploaded on the Platform. You will be responsible for regularly reviewing such updated terms and conditions. You can access the latest version of the Terms of Use at any given time on the Platform. You should regularly review the Terms of Use on the Platform. In the event, the modified Terms of Use is not acceptable to you, you undertake to discontinue using the service. However, if you continue to use the service you shall be deemed to have agreed and accepted to the modified Terms of Use and you undertake to abide by the modified Terms of Use.

 

TERMINATION

 

These Terms of Use are effective unless and until terminated by either you or you may terminate these Terms of Use at any time by informing us in writing to us at info@ukeysmart.com that you no longer wish to be associated with the Platform, provided that you discontinue any further use of this Platform.

 

We may terminate these Terms of Use at any time and may do so immediately without notice, and accordingly deny you access to the Platform. Such termination will be without any liability to the Platform. Upon any termination of these Terms of Use by either you or Ukey, you must promptly destroy all materials downloaded or otherwise obtained from the Platform, as well as all copies of such materials, whether made under these Terms of Use. Our right to any comments shall survive any termination of these Terms of Use.

 

JURISDICTION

 

You and we agree to submit to jurisdiction of courts at Jaipur, Rajasthan, India or any other jurisdiction chosen by the Company if there is any dispute between us. If any part of this disclaimer is found to be invalid by Applicable Laws, the rest of them remain valid and enforceable. This Terms of Use shall be governed by laws of India.

 

Ukey hereby expressly disclaims any implied warranties, express or implied, written or oral, including but not limited to warranties of merchantability and fitness for a particular purpose, imputed by the laws of any jurisdiction or country. User acknowledges that services rendered through the Platform may not be uninterrupted or error free or free from any virus or other malicious, destructive or corrupting code, program or macro. Platform shall adopt such technical and non-technical security measures that it considers are appropriate to render the services, however Platform does not guarantee that such security measures cannot be subverted to gain unauthorized access. User also acknowledges that the services provided by Hotel can be in any event be brought to an abrupt end in any event whatsoever by any of the Hotel for any reason whatsoever. In case of any disagreement whether in whole or in part of the Terms of Use, your sole and exclusive remedy is to discontinue using the services after notifying Ukey in writing.

 

ARBITRATION

 

If any dispute arises between you and the Company during your use of the Platform or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of this Terms of Use, and the privacy policy or the documents they incorporate by reference, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by the Company. The place of arbitration shall be Jaipur, Rajasthan or any other venue chosen by the Company. The arbitration proceedings shall be governed by the Arbitration & Conciliation Act, 1996. The arbitration proceedings shall be in the English language.

 

GENERAL

 

Except as explicitly stated otherwise, any notices shall be given by postal mail to Ukey Smart, C-56 Nemi Nagar Extension, Vaishali Nagar, Jaipur, India – 302021 or to the email address you provide to us during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing. If any clause of this Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the Terms of Use. These Terms of Use sets forth the entire understanding and agreement between you and us with respect to the subject matter hereof.

 

Indemnity 

 

You shall indemnify and hold harmless Ukey, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of your breach of these Terms of Use, privacy policy and other policies, or your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.

 

Limitation of damages

 

In no event shall Ukey or any of its subsidiaries or affiliates be liable to any entity for any direct, indirect, special, consequential or other damages (including, without limitation, any lost profits, business interruption, loss of information or programs or other data on your information handling system), loss of goodwill, unauthorized access to information, that arise out of or are related to the use of, or the inability to use, the content, materials, and functions of this Platform or any linked website, whether framed as a breach of warranty, in tort, contract, or otherwise even if Ukey is expressly advised of the possibility of such damages.

 

FEEDBACK

 

You have no obligation to provide Ukey with ideas, suggestions or proposals or feedback. However, if you submit any feedback/suggestions to Ukey, Ukey may use it for improving its smart software solution or for any other purpose without payment of charges/fee to you. It is hereby clarified that Ukey is not bound to implement the suggestions or proposals or feedback rendered by you.

 

Grievance officer

 

In accordance with Information Technology Act, 2000 and rules made thereunder, the name and contact details of the Grievance Officer are provided below:

 

Vinod Jhajharia

C 56 Nemi Nagar Extension, Vaishali Nagar, Jaipur, Rajasthan, India -302021

info@ukeysmart.com

9:00am – 7:00pm Monday till Friday excluding Public Holidays

 

CONTACT INFORMATION

 

For questions, please contact us at info@ukeysmart.com.