Terms and Conditions
This website, www.pranaresorts.com, and other related websites contained herein (hereinafter collectively referred to as the “Website”) provide information on hotels, resorts and other transient stay accommodation (each hereinafter referred to as a “Property”) owned, managed or franchised by Prana Hotels & Resorts and/or its subsidiaries and affiliates (hereinafter collectively referred to as “Prana”), and other travel related or consumer goods and services. This Website and the services of each of its segments are offered exclusively by Prana and/or its various third party providers, supplier and distributors. The offer of such goods and/or services is conditioned on your acceptance of these terms and conditions of use, notices set forth herein and on other pages of the Website (hereinafter collectively referred to as the “Agreement”).
By accessing, viewing, transmitting or using this Website or any of its services or contents, you are agreeing to comply with and be bound by this Agreement, which governs our relationship with you in relation to our Website. If you disagree with any part of this Agreement, you must discontinue access or continue to use our Website.
We reserve the right, at our sole and absolute discretion, to change, modify, add, or remove portions of this Agreement at any time without notice and, unless otherwise indicated, such changes will become effective immediately. Please therefore visit our Website to check this Agreement periodically for any changes. Your continued use of the Website following the posting of changes to this Agreement will mean you accept those changes.
1.1 You warrant that you are of sufficient legal age (at least 18 years or over) and you have the legal capacity to use this Website in accordance with the terms and conditions herein. You agree and understand that you are legally, financially and morally liable for all uses of this Website under your username or account whether or not actually or expressly authorised by you.
1.2 You warrant that all information you provided to us is true, accurate, current and complete, and you will promptly inform us of any changes by updating the details in your account. We have the right to suspend or terminate your account and refuse any or all current or future access to this Website if we suspect or have reasonable grounds to believe that any information provided by you on registration is untrue, inaccurate, not current or incomplete.
1.3 You agree to use the reservations facilities of this Website solely for purpose of making legitimate reservations or purchases for yourself or for another person for whom you are legally authorised to act. We have the right to deny your access to the reservation facilities if we suspect or have reasonable grounds to believe that you are overusing or abusing the facilities.
2. Your obligation
2.1 You shall:-
- (a)at all times keep your username and password secure from unauthorised access or use;
- (b)not use our Website in any manner which breaches any applicable law or regulation or causes or which may cause an infringement of any third party rights;
- (c)not use our Website in any manner which could damage, disable, overburden or impair our server or the networks connected to our server, or interfere with any other user’s access and use of our Website;
- (d)not attempt to gain unauthorised access to our Website, or any services provided via our Website, other accounts, computer systems or networks connected to our server or to any of the services provided via our Website, through hacking, password mining or any other means;
- (e)not obtain, or attempt to obtain, any materials or other information through any means not intentionally made available on or through our Website;
- (f)not post, transmit or disseminate any information on or via our Website which may be harmful, obscene, defamatory or illegal or create liability on our part;
- (g)not use our Website for any speculative, false or fraudulent reservation or any reservation in anticipation of demand;
- (h)be responsible for any and all activities that were transacted under your username and password whether or not actually or expressly authorised by you;
3. Proprietary rights
3.1 You acknowledge that the information and materials located or hosted on or linked to our Website (the “Materials”) are protected by copyright, trademark and other forms of proprietary rights, and belong to us or such third party identified therein. Such Materials include, but are not limited to, any price information, data, text, software, music, sound, photographs, video, illustrations, designs, trademarks, trade names, service marks, product names, logos or other material contained in any form including but not limited to advertisement or commercially produced information made available on or through our Website, by us or our advertisers or other content providers.
3.2 All rights, titles and interests to the Materials found on our Website are either owned by, licensed to or controlled by us. Any other trademarks, trade names, service marks, product names and logos contained herein which are not owned by, licensed to or controlled by us are used solely for editorial fashion, and to the benefit of respective owners, with no intention of trademark infringement.
3.3 You are prohibited from using any marks or Materials found on our Website for any purpose including, but not limited to use as meta tags on other websites, without written permission from us or such third party, which may own the marks or Materials.
3.4 This clause shall survive any termination of this Agreement.
5.1 While we use reasonable efforts to ensure accurate and up to date information on our Website, we make no warranties or representations of any kind regarding the accuracy, fitness for a particular purpose, merchantability, quality, timeliness, non-infringement or completeness of this Website or that the use of this Website will be uninterrupted or error free or that any information, data, content, software or other material available through our Website will be free of bugs, viruses, worms, Trojan horses or other harmful components.
5.2 We assume no liability or responsibility for any typographical errors or otherwise or omissions in the content of the Website.
5.3 You acknowledge that your use of our Website is at your own risk. This Website is provided on an “as is” basis and you assume total risk and responsibility for any loss or damage arising from or attributable to your use of this Website including but not limited to any damage to your computer, equipment or loss of your data.
5.4 This Website may contain hyperlinks to third party websites. The inclusion of hyperlinks to such websites does not imply Prana's endorsement of such websites nor any association with their operators. Prana is not responsible for the contents of other websites.
5.5 We may from time to time modify or discontinue our Website or any features or services or information available on our Website without notice and any liability whatsoever to you or any third party.
6. Limitation of liability
6.1 To the fullest extent permitted by law, we shall not be liable to you or any third party for any damage or loss whatsoever, including but not limited to direct, indirect, punitive, incidental or consequential damages of any kind or for any loss of income, revenue or profits, loss or damaged data, or damage to your computer, software, modem, telephone or other property, arising directly or indirectly from:-
- (a)your access to and/or use of, availability of or inability to access to and use of this Website or your downloading of any materials, data, text, images, video or audio from this Website; or
- (b)any errors or inaccuracy or incompleteness in or omission or delay or failure in the transmission or supply of any contents on this Website, the provision of services on this Website, the execution of any requirements or delivery of any contents whether caused by delay or interruption in transmission over the internet or otherwise; or
- (c)any decision made or action taken by you or any third party in reliance upon the contents, information, products and services obtained through our Website; or
- (d)the performance or non-performance by us despite being advised of the possibility of damages to such parties or any other party.
6.2 If, notwithstanding the foregoing, we should be found liable for any loss or damage, to the full extent permitted by law, our liability shall in no event exceed, in aggregate, Singapore Dollars One Thousand (SG$1,000). Further, our liability to you in contract, tort, negligence, strict liability, under statute or otherwise will be reduced to the extent, if any, to which you have contributed to the loss or damage.
7.1 You agree to indemnify and hold Prana and its subsidiaries, affiliates, officers, agents and employees harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or by your violation of any law or right to act with respect to subsequent or similar breaches.
8. Additional Terms and Conditions
8.1 You agree to abide to any additional terms and conditions which may be applicable to reservations, purchases of products and services, and the usage of certain portions of this Website.
9.1 If for any reason whatsoever, any provision of this Agreement, in whole or in part, shall be held unenforceable, illegal or invalid, such provision shall be deemed not to form part of this Agreement, and the remainder of this Agreement shall continue in full force and effect.
10. Force Majeure
10.1 Prana shall not be liable for damages of any kind and will be excused from any non-performance arising out of any unforeseen circumstance or circumstance beyond our control.
11. Governing law
11.1 This Agreement shall be governed by and construed in accordance with the laws of the Republic of Singapore, and you hereby agree to submit to the non-exclusive jurisdiction of the courts of Republic of Singapore.
12.1 Headings are inserted for convenience and shall not affect the interpretation of this Agreement.