PROPRIETARY INFORMATION AND COPYRIGHT
The information, text, data, graphics, images, sounds, animation effects, links, software and all other materials and software contained on this site (“the Information”) are the exclusive property of Aayan Hospitality, its subsidiaries, affiliates and related entities (“Aayan”). You may not reproduce, create hyperlinks to or from, distribute, transmit, display, broadcast, publish, license, modify, translate, create derivative works from, transfer, sell or otherwise deal in or with any of the Information by any means without the express prior written permission of Aayan; provided, however, that the Information may be downloaded and reproduced solely for private non-commercial use.
This Website contains the trademarks theAayan, RESORTSAayan, and other valuable "Aayan"-prefixed trademarks and business identifiers owned and used by Aayan in its business (the “Marks”). These Marks are proprietary to Aayan and are protected from copying and simulation under national and international laws. You may not reproduce, copy or otherwise use these Marks without the prior express written consent of Aayan.
PURCHASE OF SERVICES
You will be purchasing them from Aayan Hospitality, a company registered in singapore having its registered office at 15, Goodwood Hill, Singapore 258912 , business registration number 202217070W
If you have any queries in respect of any of our services, you may contact our customer services team at: Aayan - email@example.com
Every effort has been made to ensure that the Information, including room rates and availability, is accurate and reliable. However, errors and/or omissions may sometimes occur and Aayan shall not be bound by any such errors and/or omissions which may occur and shall not be liable for any loss whatsoever which may result from such errors and/or omissions. Aayan does not make any representation or warranty of any kind, whether express or implied, as to any matter whatsoever relating to the Information and this Website and any links thereto, including, without limitation, as to merchantability, completeness, non-infringement of intellectual property, fitness for any particular purpose or freedom from computer viruses or other corrupting or destructive codes or macros. Aayan may from time to time revise the Information and reserves the right to make such changes without any obligation to notify past, current or prospective visitors to this Website.
IN NO EVENT SHALL AAYAN BE LIABLE FOR ANY LOSS, INJURY, COST, EXPENSE OR DAMAGES, EITHER DIRECT OR INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION AND LOSS OF INFORMATION) (“THE LOSSES”) ARISING OUT OF OR IN ANY WAY CONNECTED TO THE USE OF OR INABILITY TO USE THE INFORMATION, THE MARKS, THIS WEBSITE OR ANY LINKS THERETO AND THEREFROM, WHETHER OR NOT SUCH LOSSES ARE DUE TO THE NEGLIGENCE OF AAYAN’s OFFICERS OR STAFF.
RESERVATION OF RIGHTS
In addition to any other rights or remedies that may be available to Aayan, Aayan reserves the right to cancel / modify reservations made and to refuse entry / service to any persons in its sole discretion without notice and without any liability if it appears that such reservation or entry would be for any fraudulent or inappropriate purpose, or otherwise contrary to the interests of Aayan.
With respect to all communications made to Aayan including, without limitation, feedback, questions, comments and suggestions (“Communications”): (a) any personal data included in such Communications is subject to Aayan's Website Privacy Notice; (b) no right of confidentiality shall apply to Communications and Aayan shall have no obligation to protect Communications from disclosure or unauthorized interception by third parties; (c) Aayan shall be free to reproduce, use, disclose and distribute Communications to others; and (d) Aayan shall be free to use any ideas, concepts, know-how or techniques contained in Communications for any purpose whatsoever, including, without limitation, the development, production and marketing of products and services that incorporate such information. Customers who choose to send internet E-Mail messages to Aayan that contain confidential, private or personal information do so entirely at their own risk.
This site may contain links to other websites unconnected to Aayan. The images, opinions and other links provided by these websites have not been investigated, verified or monitored. By providing these links, Aayan is not endorsing, sponsoring or recommending such sites or the materials disseminated by or services provided by them. It is recommended that you exercise your own judgment in accessing such linked websites.
We reserve the right to disable links from any third party sites to our Website.
Please direct all enquiries on the above to:
Terms and Conditions
Aayan Villas and Resorts, which operates villas and resorts throughout the world under the “theAayan” and “Aayan Villas and Resorts” brands, is comprised of a family of companies (collectively referred to as "Aayan", "we", "our" or "us"). Should we mention Kokomo brand as well?
The purpose of the Site is to provide information about our hotels, resorts, villas and services, answer inquiries from customers and potential customers, and provide for online reservations and bookings.
These terms and conditions govern your use of the Site and create a legally binding contract between Aayan and you. These terms and conditions only apply to the Site. Other sites owned or operated by theAayan may have their own terms and conditions. By continuing to use the Site, you accept these terms and conditions as is, including any changes that may be made to them from time to time. If you do not wish to be bound to these terms and conditions, your only option is to cease using the Site. You are responsible for all telephone and/or Internet service provider charges you incur as a result of accessing the Site.
You have particular rights concerning your personal information. In our Privacy Notice, which can be viewed here, we describe in detail: what information we collect, how we collect it, how we use it, the security measures we take concerning your personal information, whether it is shared and with whom, and your rights concerning your personal information.
1. Site User Age
The Site is intended for users 18 years of age and older. By accessing and/or using the Site, you represent that you are: (1) 18 years of age or older; (2) of legal age to use the Site; and (3) of legal age to enter into a binding contract as it relates to these terms and conditions.
2. Data Transfer
As we operate via a global network of corporate offices, reservation and service centers, data centers and hotels, it may be necessary to transfer your information to a country outside of the country where it was originally collected or outside of your country of residence or nationality. These countries may have data protection laws that are different from the laws of your country. However, we have taken appropriate safeguards to require that your Personal Information will remain protected in accordance with this Privacy Notice.
3. Changes to Terms and Conditions
Aayan reserves the right to change these terms and conditions at any time without notice to you, except where such notice may be required by applicable, depending upon the nature of the changes made. By using the Site subsequent to any change of these terms and conditions, you agree to be bound by such change.
4. Intellectual Property
Other than the exceptions specifically referenced in these terms and conditions, all content on the Site is the property of Aayan or the referenced third party, or is licensed and/or used by permission by Aayan including, but not limited to, all marks, logos, trade names, text, data, documents, messages, pictures, images, video, audio, graphics, links, or other electronic files (collectively, “Site Content”). No license to or right in any such Site Content is granted to or conferred upon you.
5. Online Reservations and Bookings
Online reservations and bookings for our villas and resorts can be made through the Site. For information on how we collect and use personal information from you, and your rights under applicable law concerning your information, please see our Privacy Notice which can be viewed here.
You are responsible for maintaining the confidentiality of any Site account access information needed to reserve or book spa services and/or lodging, and agree to notify Aayan if this access information is lost, stolen, or otherwise compromised. You are responsible for all activities that occur under any such Site account.
You agree that you will make only legitimate reservations or bookings in good faith for use by you and your invited guests only, and not for other purposes, including without limitation, reselling, impermissibly assigning or posting on third-party websites, or making speculative, false or fraudulent reservations or bookings.
6. Prohibited Conduct
The following conduct is strictly prohibited in connection with accessing or using the Site:
violating, or encouraging anyone else to violate, any applicable laws or regulations;
collecting other users’ personally identifiable information and/or personal data or using any technology such as a robot, spider, scraper or other automated means to access, scrape, or data mine the Site or to otherwise collect mass data from the Site in order to create compilations or databases of information on Site users, trends, or Site functionality; downloading any software from the Site unless such process is required and approved by Aayan as part of using the Site; imposing an unreasonable or disproportionately large network strain or denial-of-service attack on, or engaging in any behavior that disrupts the operation or performance of, the Site or Aayan’ computer and/or network infrastructure; hacking into or gaining unauthorized access to protected areas of the Site and/or Aayan’ computers, servers or networks, and/or any computers or systems used by other users of the Site, including but not limited to, circumventing Site security features; and/or uploading any harmful files or viruses.
You agree to indemnify, defend and hold harmless Aayan, including its officers, owners, directors, employees, affiliates, agents, licensors, representatives, solicitors, attorneys, and business partners (“Indemnified Parties”), from and against any and all claims, demands, losses, costs, damages, liabilities, judgments, awards, and expenses (including attorneys' and solicitors’ fees, costs of defense, and direct, indirect, punitive, special, individual, consequential, or exemplary damages) Aayan or any of the Indemnified Parties suffer in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that relates to your use of the Site, your breach of these terms and conditions, or use of the Site by any person using your Site account.
8. Links to Other Sites
The Site may contain links to external and third-party sites, including third-party advertisers, not controlled and/or affiliated with Aayan. Aayan’ display of links is not meant to imply that Aayan approves, guarantees, recommends, or endorses the linked sites or the content and/or products/services available on those linked sites. The links are not meant to suggest any implied association with Aayan.
9. Disclaimer of Warranties; Limitation of Liability
YOUR USE OF THE SITE IS AT YOUR OWN RISK. AAYAN MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE OR ANY GOODS OR SERVICES OFFERED THROUGH THE SITE. AAYAN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE), INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
AAYAN DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT ON THE SITE WILL BE ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS, OR SECURE. AAYAN IS NOT LIABLE FOR ANY DAMAGE TO YOUR COMPUTER OR SYSTEMS AS A RESULT OF OTHER THIRD-PARTY BEHAVIOR. THE SITE, INCLUDING ANY GOODS OR SERVICES PROVIDED THROUGH THE SITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE" BASIS.
IN NO EVENT WILL AAYAN, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, OR RELATED PARTIES, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, ACTUAL, OR OTHER INDIRECT DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES EVEN IF AAYAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES, ARISING OUT OF ANY MATTERS OR CLAIMS YOU MAY RAISE RELATING TO THE SITE.
11. Governing Law
Any disputes relating to these terms and conditions or the Site are governed by, and will be interpreted in accordance with, the laws of the Republic of Singapore, without regard to any conflict of laws provisions. You irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of the Republic of Singapore for any litigation or disputes arising out of or relating to the use of the Site, waive any objection to the venue of any such litigation or disputes in Singapore courts, and agree not to plead or claim in any Singapore court that such litigation brought therein has been brought in an inconvenient forum.
Aayan reserves the right, without notice and reason, to disable the Site, your Site account, or your access to the Site. This includes the right to not give any effect to any reservation or booking you make through the Site. You agree that Aayan is not liable to you or any other third party for these actions.
If any part of these terms and conditions is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of these terms and conditions, all of which will remain in full force and effect. The invalidity of any term is limited to the jurisdiction where such term was deemed to be invalid.
Aayan’ failure to enforce any portion of these terms and conditions is not a waiver of such a portion.
In addition to any sections with specific language regarding survival, the proprietary rights, disclaimer of warranties, representations made by you, indemnities, and limitations of liability shall survive the termination of these terms and conditions.
As a result of these terms and conditions, no joint venture, agency, or other type of relationship is created between you and Aayan other than as parties to a contract as specified herein.
Aayan does not assume any liability or responsibility for your use of the Internet or the Site including, but not limited to, any damage your computer or related systems may sustain as a result of accessing the Site.
Aayan will in no way be liable for any failure to perform any obligations contained in these terms and conditions if such failure is due to circumstances beyond the reasonable control of Aayan, such as acts of God.
If you need to contact Aayan for any reason not already specified in these terms and conditions, please use the following contact information:
Email : firstname.lastname@example.org
Telephone : +62 813-5366-9377