(a) Superhero Tech Private Limited ("us", "our", "we", "Company") is, inter alia, engaged in the business of providing accommodation services as well as a range of accommodation-related support and technology services to various third-parties/ hotels.
(b) These Terms and Conditions (hereinafter, "Terms") are an electronic record and do not require any physical, electronic, or digital signatures. These Terms constitute a legal agreement between you and us with respect to your access and/ or use of Services (more fully described in to these Terms).
(c) The use of our Services is only authorized subject to your compliance with these Terms and all applicable laws. If you do not agree to these Terms, you should not use our Services. By using our Services, you agree that you have read, understood, and agreed to be bound by the Terms. Further, any new features, tools, and products that are the subject matter of the Services shall also be subject to these Terms.
(d) For the purposes of these Terms, the terms "User" or "you" or "your" shall refer to person(s) (individually or entity/ies) who use our Services.
(a) The Subscription Fee for the Services is as provided in attached hereto. The Subscription Fee is payable in advance and is non-refundable. The Subscription Fees is exclusive of taxes, including but not limited to withholding taxes.
(b) You hereby agree to comply with all taxation laws, including specifically the Central Goods and Services Tax Act, 2017 (hereinafter, "Tax Laws"). You hereby agree to defend, indemnify, and hold us harmless against any Claim (defined below) (including for any statutory penalties or liability) arising on account of violation of any Tax Law on your part. We hereby expressly disclaim any tax-related or other liability that may arise on to us for reasons attributable to you.
(c) If you require any additional offering and/ or services outside of the agreed scope of work/ Services set out in these Terms, the Company shall charge additional fees under intimation to you.
(a) Subject to your compliance with these Terms, we hereby grant to you the non-exclusive, non-assignable, non-sublicensable, limited and revocable right to access and use the Services solely for your internal business operations. The right provided hereunder is granted only to you, and shall not be considered granted to any of your affiliates, group companies, or any other third parties.
(b) The license granted hereunder shall be valid from the date of payment of Subscription Fees (defined in attached hereto), until 1 year ("Subscription Term")
(a) You understand, agree and acknowledge that the Company (or its licensors) solely and exclusively owns all rights, title and interest, including the IPR and any other rights whether recognised by law or business practice or otherwise, whether vested, contingent or future, and whether or not currently recognised in any jurisdiction in the world (expressly including any and all renewals, revivals, revisions and extensions rights thereof) which subsist in or arise in relation to our business, operations, technologies, tools, algorithms, and/ or our Services. Nothing in these Terms shall be construed to mean that you or any third party has any right, title, or interest whatsoever in relation to the foregoing. For the purposes of these Terms, "IPR" means all (i) trademarks, service marks, trade dress, trade names, logos, corporate names, and domain names, together with all of the goodwill associated therewith; (ii) copyrights and copyrightable works (including computer programs), and rights in data and databases; (iii) trade secrets, know-how, and other confidential information, and (iv) all other intellectual property rights; in each case whether registered or unregistered.
(b) You hereby agree to use the Services, and all other IPR and proprietary rights only in relation to the Services during the Subscription Term, and in accordance with the guidelines as may be provided by the Company from time to time. You shall not use any of the Company's IPR in a manner that is detrimental to the Company, or in violation of the Company's rights.
(c) Further, we shall have the right, and you hereby give us the permission, to use your name and logo for external marketing and promotion, such as on the Company's website and other marketing collateral.
(a) You are solely responsible for any and all content you display on, or transmit via or upload on or otherwise send to us by any other means, and the Company disclaims all liability and responsibility. By submitting content to us, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such content in any and all media or distribution methods (now known or later developed) and to associate your content with you, in connection with the Services. Any personal data that may be shared with us will be processed in accordance with our Privacy Policy.
(b) Users are not permitted to upload, transmit, distribute or otherwise publish or transmit to us, any content which inter alia are, and/ or could be considered, to: (i) be defamatory, obscene, threatening, invasive of privacy, infringing intellectual property rights, proprietary rights, publicity rights or any other rights; (ii) be abusive, illegal or otherwise objectionable that would constitute or encourage a criminal offence, violate the rights of any party, or that would otherwise give rise to liability or violate any law; or (iii) contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.
(a) You agree not to engage in activities that may adversely affect the use of the Services by us or other Users. Further, your use of our Services shall solely be for your personal and non-commercial use.
(b) You agree not to access (or attempt to access) the Services by any means other than through the interface that is provided by us. You shall not copy, distribute, upload, publish, modify, translate, broadcast, display, sell, transmit or retransmit any Company's content or anything subject to our rights or create any derivative work and/ or content based on any content or rights which is not owned by you or interfere with, or circumvent any right(s) associated with the Company.
(c) We may provide you with access to third-party tools, which we neither monitor nor over which we have any control or input. You acknowledge and agree that we provide access to such tools as is and as available without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of such third-party tools.
(a) Each party shall defend, indemnify and hold the other party, its affiliates, and their respective officers, directors, employees, representatives, agents, successors and assigns, harmless against any claim, loss, damage, settlement, cost, expense or other liability (including attorney's fees) (each, a "Claim") that arises, directly or indirectly, from (a) a party's breach of these Terms or of applicable law; and/ or (b) any third-party claims arising on account of, or for reasons attributable to a party.
(b) In no event will we be liable to you for any consequential, special, punitive, or indirect damages, including lost profits or opportunities. Further, notwithstanding any other clause to the contrary, the Company's (and/ or its respective officers', directors', shareholders', members', managers', employees', sub-contractors' and agents') aggregate liability for damages arising with respect to these Terms will not exceed 25% of the Subscription Fees.
(a) You acknowledge that the Services are made available on an "as-is" basis. We do not guarantee, represent, or warrant in any manner that your use of our Services will be uninterrupted, timely, secure, or error-free, or that the results that may be obtained from the use of the Services will be accurate or reliable, or effective in nature. You understand and accept that the reliance on the Services is solely at your own judgment and risk.
(b) The Company explicitly disclaims all warranties, express or implied (whether direct or indirect, or pecuniary or otherwise) including, without limitation the implied warranties of merchantability, completeness and fitness for a particular purpose, for any errors or omissions therein, and for any results which may be/ are obtained/ obtainable in relation to the use of the our Services.
(a) You hereby irrevocably understand that we reserve the right at our sole and exclusive discretion to deny/ cease your access to the Services, temporarily or permanently without liability, if: (i) you access or use Services in an unauthorized manner; (ii) you breach any of the provisions of the Terms; and/ or (iii) we have elected to discontinue, with or without reason, your access to the Services. Upon such termination, the Company shall have no liability towards you and no further obligations under these Terms.
(b) Your obligations and liabilities incurred prior to the termination date (including any payment obligations) shall survive the termination of these Terms. Further, upon termination of these Terms, we may delete any content or other materials relating to your use of the Services, and we will have no liability to you or any third party for doing so.
(a) Exclusivity: During the subsistence of these Terms, you shall not, directly or indirectly, enter into arrangement with any other third-party individual/ entity, to avail services similar to Services provided hereunder. The Company shall be the Customer's sole and exclusive service provider in this regard.
(b) Governing Law & Jurisdiction: These Terms shall be governed by and construed in accordance with the laws of India. Any dispute arising out of or in connection with these Terms that is not settled by negotiations within thirty (30) days of notice being given by either party, shall be resolved through arbitration in accordance with the Arbitration and Conciliation Act of 1996 (which provisions are deemed to be incorporated by reference into these Terms), by a mutually appointed sole arbitrator. The seat and venue of arbitration shall be at Bangalore, India. All proceedings of such arbitration shall be in the English language. Any award made by the arbitrator shall be final and binding on the parties. Subject to the above, the courts in Bangalore, India, shall have the exclusive jurisdiction with respect to any dispute arising out of or in connection with these Terms.
(c) Confidentiality: Each party understands that the other party has disclosed or may disclose business, technical, financial information, or other non-public information relating to the disclosing party's business (hereinafter referred to as "Confidential Information" of the disclosing party). Confidential Information of the Company includes non-public information pertaining to the Service(s), as well as the Company's IPR. The receiving party agrees: (a) to take reasonable precautions to protect such Confidential Information, and (b) not to use (except as otherwise permitted or contemplated hereunder) or divulge to any third person any such Confidential Information.
If you have any questions, complaints, or claims with respect to our Services, please direct your correspondence to the e-mail address given below.
Email: support@hotelsuperhero.com
We shall respond to and address all reasonable concerns or inquiries in a reasonable amount of time.
| S.no | Service | Tenure | Subscription Fees |
|---|---|---|---|
| 1 | Property Management System -Front desk -Housekeeping Module -Profile Intelligence -Billing & Payments -Performance Dashboard -Key Card Interface -Reports (Basic) -Rate Manager | Monthly | ₹49/- Per room |
| 2 | Channel Manager - OTA Connectivity | Monthly | ₹999 for up to 20 rooms (flat rate) ₹50 per additional room beyond 20 rooms |
| 3 | Point of Sale | Monthly | ₹699/- Per Outlet |