Please read the following Terms and Conditions closely before using our Web site (the "Site"). By accessing, browsing and using this Site, you acknowledge that you have read, understood and agree to comply with the terms and conditions stated here. To the extent you book any travel products or services on this Site through our call center agents, you agree that these Terms and Conditions shall apply to all such transactions. If you do not agree with any part of these Terms and Conditions, YOU MUST NOT USE THIS SITE.
BlueYogi may at any time modify these Terms and Conditions, and your continued use of this Site will be conditioned upon the terms and conditions in force at the time of your use.
TERMS AND CONDITIONS
You, the User, acknowledge that all content included on this Site, including, without limitation, the information, data, software, photographs, graphs, video, typefaces, graphics, music, sounds, images, illustrations, maps, designs, icons, written and other material and compilations (collectively, "Content") are intellectual property and copyrighted works of BlueYogi or its third-party providers ("Providers").
This Site is intended for personal, noncommercial use. You may only use this Site to make legitimate requests to book the products or services offered (each, a "Request"), and shall not use this Site to make any speculative, false or fraudulent Requests, or any Requests in anticipation of demand. You may not use robots or other automated means to access this Site. You represent that you are of sufficient legal age to create binding legal obligations for any liability you may incur as a result of your use of this Site. You agree to promptly update your membership information (if applicable) in order to keep it current, complete and accurate.
It is a violation of law to place a Request in a false name or with an invalid credit card. Please be aware that even if you do not give us your real name, your Web browser transmits a unique Internet address to us that can be used by law enforcement officials to identify you. Fraudulent users will be prosecuted to the fullest extent of the law.
All products, services, advice, merchandise and information available through this Site are provided on an "as is," "as available" basis without warranties of any kind, either expressed or implied, other than those imposed by law, including but not limited to, warranties of title or implied warranties of merchantability, satisfactory quality or fitness for a particular purpose. Without limiting the above, no warranty or guarantee is made (i) regarding the acceptance of any Request; (ii) that a User will receive the lowest available price for goods and/or services available through this Site; (iii) regarding the availability of products and/or services through this Site or, where applicable, at any participating retailer or retailer location; (iv) that use of this Site and all software, products or services associated with this Site will be error-free; (v) regarding the results that may be obtained from the use of this Site; (vi) regarding the completeness, accuracy, reliability or quality of any information, Content, data, service, advice or merchandise provided or available through this Site; or, (vii) regarding the performance or non-performance of this Site including, but not limited to, any performance or non-performance in connection with or as a consequence of the passage of time. You expressly agree that the use of this Site is at your sole risk.
General Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE BLUEYOGI COMPANIES, THE BLUEYOGI AFFILIATES AND THEIR RESPECTIVE PROVIDERS BE LIABLE FOR ANY INJURY, DEATH, LOSS, CLAIM, DAMAGE, ACT OF GOD, ACCIDENT, DELAY, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH ANY USE OF THIS SITE OR WITH ANY DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THIS SITE, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Further, BlueYogi and its Affiliates accept no responsibilities for any damage and/or delay due to Provider cancellations, shortages, sickness, pilferage, labor disputes, machinery breakdown, quarantine, government restraints, weather or any other causes beyond BlueYogi its Affiliates control. No responsibility is accepted for any additional expense, omissions, delays, re-routing or acts of any governmental authority. BlueYogi and its Affiliates shall not be responsible for any Provider's breach of any warranty including, but not limited to, implied warranties of fitness for a particular purpose or of merchantability; nor shall BlueYogi or its Affiliates be responsible for any other wrongdoing of a Provider (including any liability in tort), as to any products and/or services available through this Site. BlueYogi and is Affiliates shall not be responsible for any Provider's failure to comply with these Terms and Conditions, nor for any Provider's failure to comply with applicable federal, state and local law including, without limitation, laws governing the sale, warranty and return of perishables.
We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.
If, inspite of the above statements, BlueYogi or its Affiliates or their respective Providers are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then BlueYogi, its Affiliates, or their respective Providers liabilities will in no event exceed, in the aggregate, the greater of (a) the fee or charge you paid to BlueYogi in connection with such transaction(s) on this Site, or (b) One-Thousand Indian Rupeers (INR 1000).
The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of BlueYogi and its Affiliates and/or their respective Providers.
If you use this Site to submit Requests for or on behalf of a third party ("Third Party"), you are responsible for any error in the accuracy of information provided in connection with such use. In addition, you must inform the Third Party of all Terms and Conditions applicable to all products or services acquired through this Site, including all rules and restrictions applicable thereto.
You agree to defend and indemnify BlueYogi, its Affiliates, and/or their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
- your breach of this Agreement or the documents referenced herein;
- violation of any law or the rights of a third party;
- your use of this Site; or
- your use of this Site for, or on behalf of, a Third Party.
Termination of Usage
User access to all or part of this Site may be terminated or suspended at any time, without notice and for any reason.
All Booking Requests must be submitted with a major credit card unless otherwise expressly stated. The total price will be billed in the currency indicated on the booking screen.
For all BlueYogi reservations, once purchased, bookings are final and cannot be cancelled, refunded, exchanged, transferred, or changed, even for a fee. Hotel suppliers are able to offer their unsold rooms at discounted rates on BlueYogi because we withhold their name until after the customer books and our reservations are non-refundable. These restrictions enable the hotels to better manage their unsold rooms, and are a big reason why we can offer you great deals. Also, credit cannot be given for any unused hotel reservations. Once you agree to make a booking on our site, your credit card will be charged for the total price shown — regardless of whether the hotel reservation is used.
If, for some unforseen reason, the Hotel is unable to provide the room to you at time of check in, we will refund 100% of the monies that you have paid on BlueYogi.com for that reservation.
The captions in these Terms and Conditions are only for convenience and do not, in any way, limit or otherwise define the terms and provisions of these Terms and Conditions.
BlueYogi or its Affiliates is not responsible for any errors or delays in responding to a Request caused by an incorrect email address provided by you or other technical problems beyond their control.
The internal laws of India and the costs of New Delhi shall govern the performance of these Terms and Conditions. You consent to the exclusive jurisdiction and venue of the courts located in New Delhi, India, for all disputes arising out of, or relating to, the Terms and Conditions and use of this Site.