Terms & Conditions
User Agreement
These terms of use (Terms) constitute a legally binding agreement between you and the company regarding your use of the web site i.e. www.prestigepassport.com (“Prestige Passport”) and its mobile applications offered by the company including but not limited to delivery of content via the Site, any mobile or internet connected device or otherwise (the “the Service”). By accessing the site or service and/or by clicking “I agree”, you agree to be bound by these terms. “User” or “You” means any person who access or avail this site of the company for the purpose of hosting, publishing, sharing, transacting, displaying or uploading information or views and includes other persons jointly participating in using the site of the company. You hereby represent and warrant to the company that you are at least eighteen (18) years of age or above and are capable of entering, performing and adhering to these Terms and that you agree to be bound by the following terms and conditions. While individuals under the age of 18 may utilize Prestige Passport services, they shall do so only with the involvement & guidance of their parents and / or legal guardians, under such Parent / Legal guardian’s registered account. You agree to register prior to uploading any content and / or comment and any other use or services of this site and provide your details including but not limited to complete name, age, email address, residential address, and contact number.
Prestige Passport may add to or change or update these Terms of Use, from time to time entirely at its own discretion. You are responsible for checking these Terms of Use periodically to remain in compliance with these terms. Your use of a site after any amendment to the Terms of Use shall constitute your acceptance of these terms and you also agree to be bound by any such changes/revisions.
Changes
Radius Hospitality Services reserves the right to suspend / cancel, or discontinue any or all channels, products or service at any time without notice, make modifications and alterations in any or all of the content, products and services contained on the site without prior notice.
Charges
Radius Hospitality Services reserves the right to charge subscription and / or membership fees from a user, by giving reasonable prior notice, in respect of any product, service or any other aspect of this site.
Sharing of Personal Information
Prestige Passport is designed to help you find the best of restaurants, hotels & Resorts and events around you and your city. In order to do this, Prestige Passport requires the use of such information including, but not limited to, your email, password and or other information that was used while Signing Up with the services. Prestige Passport offers Sign Up process with our own sign up system and other platforms.
Prestige Passport uses various platforms as a medium for signing up only. The user data collected by Prestige Passport shall only be through the above mediums which will be provided by the intended user through their Facebook or Google+ profile; no other data shall be collected /used by Prestige Passport apart from those that were permitted during Sign Up process.
However, kindly note that the manner in which Facebook and Google+ uses, stores and discloses your information is governed solely by its policies, and Radius Hospitality Services/Prestige Passport bears no liabilities/responsibility for its privacy practices and/or other actions of any third party site or service that may be enabled within the service.
For certain services such as email, personal web pages, contests and shopping, signing up by the visitor is required. To sign up for these services you have to open an account by completing the signing up process (i.e. by providing us with current, complete and accurate information as prompted by the applicable registration form). You also will choose a password. You are entirely responsible for maintaining the confidentiality of your password and account. By Signing Up, you agree to the following terms in addition to any other specific terms which shall be posted at an appropriate location of the Site. Each sign up is for a single individual user only. To access these services, you will be asked to enter your individual Email Address and Password, as chosen by you during your signing up. Therefore, we do not permit any of the following:-
- Any other person sharing your account and password;
- Any part of the site being cached in proxy servers and accessed by individuals who have not registered with Prestige Passport as users of the site; or
- Access through a single account and password being made available to multiple users on a network.
If Prestige Passport reasonably believes that an account and password is being used / misused in any manner, Prestige Passport shall reserve the right to cancel access rights immediately without notice.
Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Prestige Passport immediately of any unauthorized use of your account or any other breach of security. Prestige Passport will not be liable for any loss that you may incur as a result of someone else using your password or account. However, you could be held liable for losses incurred by Radius Hospitality Services/Prestige Passport or another party due to someone else using your account or password.
Use of Profile Data
We may use the personal information to provide the services you request. However, to the extent we use your personal information to market to you, we will also provide you the ability to opt-out of such uses. The personal information shall be used by us to resolve disputes; troubleshoot problems; help/promote a safe service; measure consumer interest in our products and services, inform you about online and offline offers, products, services, and updates; customize your experience; detect and protect us against error, fraud and other criminal activity; enforce our terms and conditions; and as otherwise described to you at the time of collection. In our efforts to continually improve our products and services, we collect and analyze demographic and profile data about our users’ activity on our mobile application & Website.
Location Sharing
Prestige Passport is about recommending you restaurants / places around you and your city and in order to do that we would need to know your location. Whenever you open and interact with Prestige Passport app or visit www.prestigepassport.com on your mobile, we use the location information from your mobile device or browser (latitude and longitude) to customize the experience around your location (i.e., showing you recommended places to visit). Your location information is NEVER shared with others. Prestige Passport mobile app also allows you to select a locality of your choice or let the app determine your current location by tapping on your location name on Location Change screen. It allows us to tell you where the recommendations are based on the location that is determined by the device or your selection.
No Unlawful or Prohibited use
As a condition of your use of the services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the services in any manner that could damage, disable, overburden, or impair any of our servers, or the network(s) connected to any Radius Hospitality Services server, or interfere with any other party’s use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, and computer systems or to any of the services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.
Exchange of Information & Other Community Services
You represent that you are a responsible adult (18 years or above) and/or otherwise capable of entering into and performing legal agreements, and that you agree to be bound by the following terms and conditions. While individuals under the age of 18 may utilize the service, they may do so only with the involvement of a parent or legal guardian, under such person´s account and otherwise subject to these Terms. In certain jurisdictions, the age of majority may be older than 18, in which case you must satisfy that age in order to become a member / utilize the site or service and you shall be solely responsible for all Content/Images that you upload post or otherwise transmit.
Prestige Passport endeavors to provide a web platform for various community interactions for persons to interact and exchange views with each other. The content posted on such services is by general public therefore the accuracy, integrity or quality of such content cannot be guaranteed. You understand that by using such services, you may be exposed to objectionable matter. By using the facility of review/rating and other community services you agree not to upload, post, or otherwise transmit any matter or views, which are, defamatory, abusive, pervasive, obscene, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable. You may also not indulge in cyber stalking, become or create a nuisance for any visitor / user of the site.
You may not send, submit, post, or otherwise transmit, material or messages that contain software virus, or any other files that are designed to interrupt, destroy, and negatively affect in any manner whatsoever, any electronic equipment in connection with the use of this site or Mobile, or other user’s ability to engage in real time exchanges.
Prohibited Activities
You agree that you shall not host, display, upload, modify, publish, transmit, update or share any information on the site, that –
- belongs to another person and to which you do not have any right to;
- is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
- harm minors in any way;
- infringes any patent, trademark, copyright or other proprietary rights;
- violates any law for the time being in force;
- deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonate another person
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
- Threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
Any Content and or comment uploaded by you, shall be subject to relevant Indian laws and may be disabled, or and may be subject to investigation under appropriate laws. Furthermore, if you are found to be in non-compliance with the laws and regulations, these terms, or the privacy policy of the site, the Company shall have the right to immediately terminate/block your access and usage of the site and the Company shall have the right to immediately remove any non-compliant Content and or comment, uploaded by you and shall further have the right to take recourse to such remedies as would be available to the Company under the applicable laws.
Limitation of Liability
Any transactions relating to booking of table or reservations of goods or services not directly offered by Prestige Passport are to be settled inter-se between the parties to such transaction and all warranties express or implied of any kind, regarding any matter pertaining thereto, including without limitation the implied warranties of merchantability, fitness for a particular purpose, and non-infringement are disclaimed by Prestige Passport. Prestige Passport merely endeavors to provide a platform where you and other party may interact, exchange information or carry out a reservation on such basis that are mutually agreed between you and the other party. Prestige Passport shall not be liable for any loss that you may incur, while making reservations or bookings of the third party. Under no circumstances shall Prestige Passport be held responsible or liable, in any way, for any content which in Legal opinion is derogatory, threatening, defamatory, obscene or offensive or offends public sensibilities or morals and shall also not assume liability for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted or uploaded on the site, or any infringement of another’s rights, including intellectual property rights. You specifically agree that Prestige Passport is not responsible for any content sent using and/or included in Prestige Passport’s site/mobile/service by any third party.
Termination of Account
Prestige Passport reserves its right to (a) refuse Service, (b) restrict, suspend, or terminate your account; (c) terminate this Agreement; (d) terminate or suspend your access to the site; (e) refuse, move or remove for any reason any Content / Image that you submit on or through the Services; (f) refuse, move, or remove any Content / Image that is available on or through the Services; (g) establish general practices and limits concerning use of the Services at any time and, (h) remove or edit contents or cancel orders (entered by you) in its sole discretion with or without cause, and with or without any prior notice for any violation of the Terms of Use.
User Conduct and Obligations
You hereby agree and assure Prestige Passport that the site/Services shall be used for lawful purposes only and that you will not violate laws, regulations, ordinances or other such requirements of any applicable Central, State or local government or any other international laws. You further concur that you will not, through site/Mobile/Service:
- post, distribute, or otherwise make available or transmit any software or other computer files that contain a virus Trojan horses, time bombs, bots, botnets, malicious content, content theft, data manipulation, threats or any other harmful programs or elements or component;
- delete from the site any legal notices, disclaimers, or proprietary notices such as copyright or trademark symbols, or modify any logos that you do not own or have express permission to modify;
- not use the site / Mobile / Service in any manner that could damage, disable, overburden, or impair and not to undertake any action which is harmful or potentially harmful to any Radius Hospitality Services/ Prestige Passport’s server, or the network(s), computer systems / resource connected to any Prestige Passport’s server, or interfere with any other party’s use and enjoyment of the site/Mobile/Service;
- obtain or attempt to obtain any materials or information through any means not intentionally made available through the site/Mobile/Service;
- engage in any activity that causes / may harm minors; or
- perform any activity which is likely to cause such harm;
- impersonate any person or entity, including, but not limited to, Prestige Passport’s official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- take any action which encourages or consists of any threat or harm of any kind to any person or property;
- carry out any “denial of service” (DoS, DDoS) or any other harmful attacks on application or internet service or;
- use the Site/Mobile/Service for illegal purposes;
- Disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to make or attempt any unauthorized access to any Prestige Passport’s website or mobile apps.
- Transmit through the Site or Mobile apps, any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable material of any kind or nature. This includes text, graphics, video, programs or audio, etc.;
- collect or attempt to collect personally identifiable information of any person or entity without their express written consent and you shall maintain records of any such written consent throughout the terms of this agreement and for a period of 2 years thereafter;
- engage in antisocial, disruptive, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the Internet
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the site. Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, duplicative messages or any other form of solicitation.
- Encumber or suffer to exist any lien or security interest on the subject matter of this Agreement; or make any representation or warranty on behalf of Radius Hospitality Services.
- You agree not to post, distribute, transmit or otherwise make available any data, text, message, computer file, or other material that infringes and/or violates any right of a third party or any domestic or international law, rule, or regulation, including but not limited to: infringement of any copyright, trademark, patent, trade secret, or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software; right of privacy (specifically, you must not distribute another person’s personal information of any kind without their express permission) or publicity; any confidentiality obligation. Unless otherwise permitted, you will: (i) display the Service on your site or Products in the exact form received by you, and not modify or edit any of the foregoing without Prestige Passport’s prior written consent; (ii) ensure that the fundamental meaning of the Service is not changed or distorted; (iii) comply with all applicable laws and all limitations and restrictions (if any) placed by Prestige Passport on the use, display or distribution of any Service and (iv) not archive any of the Service for access by users at any future date after the Service has been removed from your Website or product accordingly. You acknowledge that the service must link and redirect to the appropriate Prestige Passport’s web page when a user clicks on the Service (e.g. a headline). You shall not display the Service in such a manner that does not allow for successful linking and redirection to, and delivery of, Prestige Passport’s Web page, nor may you frame any Prestige Passport’s Web page.
No Controlling Spam Policy or Unsolicited E-mails
You will not use any communication tool or other means available on the site to transmit, directly or indirectly, any unsolicited bulk communications (including emails and instant messages). Prestige Passport will not sell, lease or rent its e-mail subscriber lists to third parties. You may not harvest information about users of Prestige Passport for the purpose of sending or to facilitate the sending of unsolicited bulk communications. We may terminate your access or use of the service immediately, with or without any notice, and take any other legal action if you, or anyone using your access details to the site or Mobile apps, violates these terms. We may adopt any technical remedy (including any filtering technology or other measures) to prevent unsolicited bulk communications from entering, utilizing or remaining within our computer or communication networks. Such filtering technology or other measures may block, either temporarily or permanently, some e-mail sent to you through the Prestige Passport’s Websites.
Disclaimer of Warranties and Liability
Radius Hospitality Services/Prestige Passport disclaims all warranties, express or implied, statutory or otherwise, as to the Services provided, including without limitation, the implied warranties of merchantability, fitness for a particular purpose, workmanlike effort, title and non-infringement are disclaimed and excluded.
Prestige Passport and its parent, affiliates and associates shall not be liable, at any time for any, direct, indirect, punitive, incidental, special, consequential, damages (including, without limitation, damages for loss of business projects, damage to your computer system or damages for loss of profits, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Prestige Passport sites/mobile/services, with the delay or inability to use the Prestige Passport’s sites/mobile/services or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Prestige Passport sites/mobile/services, or otherwise arising out of the use of the Prestige Passport sites/mobile/services) arising in contract, tort or otherwise from the use of or inability to use the site, or any of its contents, or from any act or omissions a result of using the site or any such contents or for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorised access to, alteration of, or use of information contained on the site. No representations, warranties or guarantees whatsoever are made by Prestige Passport as to the (accuracy, adequacy, reliability, completeness, suitability or applicability of the information to a particular situation; (b) that the service will be uninterrupted, timely, secure, or error-free; (c) the quality of any products, services, content, information, or other material purchased or obtained from the website or mobile apps will meet your expectations or requirements; or (d) any errors in the website or mobile apps will be corrected.
Links to Other sites
All the contents of this Site and Mobile apps are only for general information or use. They do not constitute advice and should not be relied upon in making (or refraining from making) any decision. Any specific advice or replies to queries in any part of the Site and Mobile apps is/are the personal opinion of such experts/consultants/persons and are not subscribed to by this Site or Mobile app. The information from or through this site is provided on “AS IS” basis, and all warranties and conditions, expressed or implied of any kind, regarding any matter pertaining to any goods, service or channel, including without Certain links on the Site lead to resources located on servers maintained by third parties, these sites of third party(s) may contain Prestige Passport’s-logo, please understand that it is independent from Prestige Passport, over whom Prestige Passport has no control or connection, business or otherwise as these sites are external to Prestige Passport. You agree and understand that by visiting such sites you are beyond the Prestige Passport’s website. Prestige Passport, therefore neither endorses nor offers any judgment or warranty and accepts no responsibility or liability for the authenticity, availability, suitability, reliability, accuracy of the information, software, products, services and related graphics contained, of any of the goods/services/or for any damage, loss or harm, direct or consequential or any violation of local or international laws that may be incurred by your visit and/or interactions/s on these site(s), as the same is provided on “as is” without warranty of any kind. Prestige Passport gives no warranty and makes no representation whether expressed or implied, that the information contained in this site is error free. Prestige Passport shall not be responsible nor liable for any consequential damages arising on account of your relying on the contents of the advertisement. Before relying on the material, users should independently verify its relevance for their purposes, and should obtain any appropriate professional advice.
Material Submitted by Users
Certain elements of the Site will contain material submitted by users. Prestige Passport accepts no responsibility for the content, accuracy, conformity to applicable laws of such material. You will indemnify and hold harmless Prestige Passport against all third party claims, demands and actions brought against Prestige Passport which arises from or relates to the material submitted by you.
Advertising Material
Part of the Site contains advertising information or promotion material or other material submitted to Prestige Passport by third parties. Responsibility for ensuring that material submitted for inclusion on site or Mobile apps complies with applicable International and National law is exclusively on the party providing the information/material. Your correspondence or business dealings with, or participation in promotions of, advertisers other than Prestige Passport found on or through the Website and or Mobile apps, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. Prestige Passport will not be responsible or liable for any claim, error, omission, and inaccuracy in advertising material or any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-Prestige Passport advertisers on the Website and Mobile apps. Prestige Passport reserves the right to omit, suspend or change the position of any advertising material submitted for insertion. Acceptance of advertisements on the site and Mobile apps will be subject to these terms and conditions.
Data Protection
Prestige Passport may send information and offer products and services to you from time to time. For further details relating to our policy relating to such offer please refer to our privacy statement. Notwithstanding the foregoing, Prestige Passport reserves the right to disclose any information in response to / that it is required to be shared, disclosed or make made available to any governmental, administrative, regulatory or judicial authority under any law or regulation applicable to Prestige Passport.
Further, Prestige Passport can and you authorize Prestige Passport to disclose your name, street address, city, state, zip code, country, phone number, email, and company name to Intellectual Property right’s owners, as we in our sole discretion believe necessary or appropriate in connection with an investigation of fraud, intellectual property infringement, piracy, or other unlawful activity.
Relationship
None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between you and Prestige Passport and you shall have no authority to bind Prestige Passport in any manner, whatsoever.
Force Majeure
Radius Hospitality Services shall have no liability to you for any interruption or delay, to access the site or Mobile apps irrespective of the cause.
Indian Law
The Agreement shall be governed by the Laws of India. The Courts of law at Kolkata shall have exclusive jurisdiction over any disputes arising under this agreement.
Entire Agreement
These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
Right to remove inappropriate messages
We reserve the right to remove any messages we deem to be inappropriate, i.e, racist, sexist or threatening. Messages using inappropriate language will also be removed. We do not wish to be censors, but our forums must remain civilized and respect the rights of others.
Limited time to bring your claim
You and Prestige Passport agree that any cause of action arising out of or related to the Prestige Passport’s websites or mobile apps, only, must commence within one (1) year after the cause of action accrues otherwise, such cause of action will be permanently barred.
Acceptance Policy of Privacy
By using Prestige Passport’s sites and services, you signify your acceptance of this Privacy Statement. If you do not agree or are not comfortable with any policy described in this Privacy statement, your only remedy is to discontinue use of Prestige Passport sites or mobile apps. We reserve the right, to modify this Privacy Statement at any time.
General Terms
Rights and obligations under the Terms which by their nature should survive will remain in full effect after termination or expiration of the Terms.
Any express waiver or failure to exercise promptly any right under the Terms will not create a continuing waiver or any expectation of non-enforcement.
If any provision of the Terms is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms will remain in full force and effect.
Prestige Passport’s role is limited to managing the web platform for the display of the services/offers/deals provided by the restaurants and third parties and other incidental services to facilitate the dining transactions between the restaurant and the diners. Accordingly, Prestige Passport is merely an intermediary and is only a platform/facilitator where the restaurants and other service provider may offer its services/deals/offers and discounts for marketing purposes. The contract for service shall be a strictly bipartite contract between such service provider and the diner. At no time shall Prestige Passport have any obligations or liabilities in respect of such contract nor shall Prestige Passport hold any rights, title or interest in the services provided by such service provider. Prestige Passport shall not be responsible for any unsatisfactory or delayed performance or any actions or inactions of the restaurants/third party service provider including deficiency in services provided by such hotels/resorts/restaurants and the service providers.
Prestige Passport may on request of any third party promote its products/services by issuing promotional offers/gift coupons/discount vouchers/pre-paid vouchers (“promotional offers”). It is clarified that such promotional offers received from Prestige Passport are to be settled inter-se between the parties to such transaction and the respective third party promoting its service/product and warranties express or implied of any kind, regarding any matter pertaining thereto, including without limitation the implied warranties of merchantability, fitness for a particular purpose, and non-infringement are disclaimed by Radius Hospitality Services/Prestige Passport.
Notice of Copyright Infringement and Grievance Redressal Mechanism:
Prestige Passport is not liable for any infringement of copyright arising out of materials posted on or transmitted through the site or mobile apps, or items advertised on the site or mobile apps, by end users or any other third parties.
Redressal Mechanism: Any complaints, abuse or concerns with regards to content and or comment or breach of these terms shall be immediately informed to the designated Grievance Officer as mentioned below via in writing or through email signed with the electronic signature to grievance@prestigepassport.com or call on +91 90047 36458
Mr. Debajyoti Bhattacharjee
Grievance Redressal Officer
Prestige Passport
Radius Hospitality Services
Kolkata
We request you to please provide the following information in your complaint:-
- A physical or electronic signature of a person authorized to act on behalf of the copyright owner for the purposes of the complaint.
- Identification of the copyrighted work claimed to have been infringed.
- Identification of the material on our website that is claimed to be infringing or to be the subject of infringing activity.
- The address, telephone number or e-mail address of the complaining party.
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
- A statement, under penalty of perjury, that the information in the notice of copyright infringement is accurate, and that the complaining party is authorized to act on behalf of the owner of the right that is allegedly infringed