Some Content may be pulled from public Instagram accounts via the “Instagram API,” in cases where such Content contains a hashtag that references The Nanee or a The Nanee branded property (“Hashtag”) or is geotagged in a way that connects the Content to The Nanee(“Geotag”). No Content will be pulled if the Instagram or other social media account is in “private” profile mode.
You retain any copyright or other intellectual property rights that you may have in the Content. You hereby grant to The Nanee and its parent and affiliated companies and their successors and assigns (collectively, the “Permitted Parties”) the right and permission to use your Content posted to a social media platform using one of The Nanee property Geotag locations or Hashtag and social handles such as Instagram Content on the The Nanee Websites. We reserve the right, in our sole discretion, to determine which Content to use. We may publish, review, modify or remove all or part of your Content at our sole discretion.
You hereby grant to the Permitted Parties a worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable and non-exclusive license to use, copy, distribute, publish, exhibit, reproduce, digitize, modify, adapt, create derivative works from, publicly perform, publicly display, incorporate, and otherwise exploit such Content on the The Nanee Website or in any other media now known or later developed for advertising, marketing or any other lawful purpose desired by the Permitted Parties. The Permitted Parties may assign or sublicense all or a portion of their rights, including this license, without your prior consent or any payment to you. You acknowledge and agree that: (a) the Permitted Parties have the right to arrange the posting of Content in any way in their sole discretion without your prior approval; (b) the Permitted Parties have no obligation to provide you with any credit or other attribution when using your Content, provided, however, if the Permitted Parties choose to provide you with credit, the size and placement of the credit shall be in their sole discretion; (c) any “moral rights” in your Content are waived; and (d) you are not entitled to any compensation or other payment from the Permitted Parties in connection with their use of your Content. You agree that you will have no approval rights, no claim to compensation, no claim (including, without limitation, claims based upon breach of privacy, defamation or intellectual property infringement) against the Permitted Parties arising out of any use (in accordance with the terms hereof), blurring, alteration, editing, distortion, faulty reproduction, or use in any composite form of the Content.
COMPLIANCE WITH TERMS FOR THIRD PARTY WEBSITES
In order to post Content on the The Nanee Website, you will adhere with any applicable terms and conditions of Third Party Websites. Further you acknowledge that The Nanee Websites contains Content from a variety of sources, and that Permitted Parties are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content.
DELETION OF CONTENT
You may request that we remove your Content, and in such an event, we will take commercially reasonable steps to delete your Content. Not Withstanding the foregoing, you acknowledge that we may be unable to fully delete all of your Content, particularly any Content posted to Third Party Websites. We reserve the right to retain copies of the Content as necessary for legal or compliance purposes. You understand and agree (a) that Permitted Parties shall have no obligation to use the Content (or any part thereof); and (b) that Permitted Parties may remove the Content (or any part thereof) from the Websites at any time for any reason in their sole discretion including to comply with applicable laws or due to complaints. You acknowledge and agree that Permitted Parties have the right (but not the obligation), in their sole discretion, to pre-screen, review and remove Content at any time for any reason.
REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION
You represent and warrant that: (a) you own or otherwise have the right to post the Content; (b) neither the posting nor the use of the Content will infringe upon, misappropriate or otherwise violate the rights of any other person or entity (including, without limitation, privacy rights, publicity rights, contract rights, copyrights, trademarks and other intellectual property rights) or any applicable laws; (c) the Content does not contain any content that is inappropriate, indecent, obscene, hateful, tortuous, defamatory, slanderous or libelous; (d) the Content does not contain any advertising or other commercial content; (e) you are responsible for all royalties, fees and other monies owed related to your Content; and (f) you have the legal right and capacity to agree to the Guidelines in your country. You hereby agree to indemnify and hold the Permitted Parties harmless from and against any and all third-party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of these warranties and representations.
LIMITATION OF LIABILITY & DAMAGES
You hereby agree that: (a) any and all disputes, claims, and causes of action arising out of or connected with the Content or the Guidelines shall be resolved individually, without resort to any form of class action; (b) any and all claims, judgments and awards in your favor shall be limited to actual out of pocket costs incurred, including costs associated with submitting the Content, but in no event will your attorneys’ fees be recoverable; and (c) under no circumstances, including for negligence, will any Permitted Party be liable to you for punitive, incidental or consequential damages, lost data, lost profits and/or any other damages. You acknowledge and agree that neither the Permitted Parties nor any of their officers, directors, employees are responsible for any costs, injuries, losses, or damages of any kind arising from or in connection with the Content (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to, loss or destruction of property, or any claims, costs, injuries, losses, or damages related to or based on your rights of publicity or privacy, or a claim for defamation). Under no circumstances will any of the Permitted Parties be held liable for any damage to computer systems, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature, or for the incorrect or inaccurate capture of information, or the failure to capture any information.
IN NO EVENT WILL ANY OF THE PERMITTED PARTIES’ TOTAL LIABILITY (IN THE AGGREGATE) TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO GUIDELINES OR YOUR CONTENT WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE EXCEED FIVE HUNDRED DOLLARS ($500.00).
We reserve the right to amend the Guidelines at any time. Such amendments shall be effective at the date of posting.
If any part of these Guidelines is found to be unlawful or unenforceable, the unlawful or unenforceable part shall be construed to reflect, as nearly as possible, the original intentions of the parties. All other provisions of these Guidelines shall remain in full force and effect.
If you have any questions or complaints regarding these Guidelines or any requests concerning your personal information, please contact us by email at <[email protected]>
You agree that any and all disputes that you may have with, or claims you may have relating to, arising out of or connected in any way with the Content (or any part thereof), these Terms shall be governed by the laws of Singapore.
The information, text, graphics, images, sounds, links and all other information and software published or otherwise contained in the Site are either owned exclusively by The Nanee or it’s branded/ managed properties and except as specifically provided in these terms and conditions may not be used, copied, distributed, displayed, reproduced or transmitted, in any form or by any means whether electronic, mechanical or otherwise, without the prior written approval of The Nanee. You may not, without such approval from The Nanee, create derivative works from any part of the Site or commercialize any information, products or services obtained from any part of the Site. Information received from a third party may be the subject of copyright owned by that third party.
The Site is for your personal non commercial use and any information may be downloaded by you solely for that purpose. This right to use the information is not a transfer of title, and is subject to the following restrictions:
You must ensure that your access to and your use of the Site is not illegal or prohibited by laws which apply to you. You must take your own precautions that the process which you employ for accessing the Site does not expose you to the risk of virus, malicious computer code, computer program routine or process or other forms of interference which may damage your own computer system. Without limitation, you are responsible for ensuring that your own computer system meets all relevant technical specifications necessary to use the Site and is compatible with the Site. The Nanee does not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of the Site or any linked web site. The Nanee does not guarantee or warrant that any material available for downloading from the Site or any linked web site will be free from any virus, infection or other condition which has contaminating or destructive properties. You are responsible for taking sufficient precautions and checks to satisfy your own particular requirements.
You must ensure that any information which you provide to The Nanee is accurate and complete and does not contain any virus, malicious computer code, computer program routine or process or other form of interference which may damage the computer system of The Nanee or the Information or which may detrimentally interfere with any The Nanee system, data or information.
The Site may contain links to other web sites. Those links are provided for convenience only and may not remain current or be maintained. You acknowledge and agree that The Nanee does not have any control over the content or availability of linked web sites and accepts no responsibility for the content, privacy practices or any other aspect of linked web sites. Links with linked web sites should not be construed as an endorsement, approval or recommendation by The Nanee of the owners or operators of those linked web sites, or of any information, graphics, materials, products or services referred to or contained on those linked web sites, unless and only to the extent expressly stipulated to the contrary.
The Epikurean is committed to providing unique hotels, resorts, gastronomy and experiences for our guests. Consistent with that commitment, we are respectful of the privacy of the personal information that we receive and use in order to provide and offer on services. Our privacy practices may vary among the countries in which we operate to reflect local practices and legal requirements.
PERSONAL INFORMATION WE COLLECT
Our Site collects personal information that you voluntarily submit. We also automatically collect Site usage and other statistical information from visitors to our Site.
PERSONAL INFORMATION YOU PROVIDE
When using our Site, you have the ability to voluntarily provide certain information about yourself or others, such as when you create an account, make a reservation or participate in an online promotion. You can use our Site anonymously without creating an account, but you may need to create an account if you want to take advantage of promotions or certain features.
Personal information that you may provide through this Site about yourself and those traveling with you includes:
AUTOMATICALLY COLLECTED INFORMATION
Our Site is engineered to collect statistical information about those using it to ensure a welcoming and accessible Site. For this purpose we may track your movement within the Site, the pages from which you were referred, access times and browser types. To gauge the effectiveness of our Site, we do collect some generic information about our visitors. Our web servers recognize and automatically log a visitor’s domain name, the web page from which a visitor enters our Site, which pages a visitor visits on our Site, how much time a visitor spends on each page, and the visitor’s IP address. We may use anonymous tracking technologies to collect, store and sometimes track information for statistical purposes and to improve the services we provide, including using it to evaluate and improve our Site. We also collect and store information automatically using cookies and similar technology as described below.
HOW WE USE YOUR INFORMATION
We collect and store information through cookies, log files, clear gifs, and/or third party sources to maintain and improve the functionality of our Site. A cookie is a small text file that is stored on a user’s computer for record-keeping purposes. It may identify the device you use to access our Site, but it does not collect personal information about you. For more information about how we use cookie technology and your choices regarding cookies, please see our Cookie Statement. We do not use technology that recognizes a “do-not-track” signal from your web browser.
ACCESSING, UPDATING OR DELETING YOUR PERSONAL INFORMATION
If you wish to access or update your personal information or if you wish to delete your profile entirely, please email us with your full contact details. If you wish us to cancel, and/or stop the processing of your personal information we will, subject to our discretion, cancel and/or stop the processing of the personal information. We will not delete personal information that we are required to retain for our business operations or legal compliance. We may require that you provide adequate identification information or documentation before providing your personal information that we hold; this is for your protection. We will respond to your requests within 30 days of receipt and authentication. Please note that you may be charged a fee, if permitted under applicable law, of around US$30 to meet our costs in providing you with details of the personal information we hold about you.
DISCLOSING YOUR INFORMATION
We may disclose your non-private, aggregated, or otherwise non-personal information, such as usage statistics, to our affiliates and third parties without restriction.
AMONG OUR AFFILIATED COMPANIES
COMPLETING YOUR TRANSACTIONS
We may share your personal information with third parties in order to complete a transaction that you have requested. This may include payment processing, obtaining approval for credit offered to you, or fulfilling your requests for services or products.
SERVICE PROVIDERS AND AGENTS
We may share your personal information with service providers, contractors, agents, outside vendors or service providers to perform functions on our behalf. This may include analyzing data, providing marketing assistance, providing customer service, processing orders, facilitating communications with you, or enhancing your experiences when you stay with us.
If The Nanee is sold or disposed of as a going concern, whether by merger, sale of all or part of our assets or otherwise, the relevant customer database of The Nanee could, in whole or in part, be sold as part of that transaction. In the event The Nanee goes through a business transition, such as a merger, acquisition by another company, or sale of all or a portion of its assets, your personal information will likely be among the assets transferred.
DATA PROCESSING AND CROSS-BORDER DATA TRANSFERS
Our Site is maintained on servers located in Nepal, and personal information submitted through our Site is stored on servers located in Nepal. Personal information submitted through our Site in connection with a booking is provided to the applicable property. Personal information submitted in connection with your stay at The Nanee is stored by our property locally and may also transferred to servers located in another country.
When you make a booking on this Site you expressly consent to such transfer, storing and processing.
We use reasonable technical, administrative and physical measures to protect personal information contained in our system against misuse, loss or alteration. Keep in mind however, that no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.
We cannot enforce or control the security of the computers, electronic devices, or electronic communication method that a consumer may utilize to send e-mails and submit personal information to us over the Internet. You are responsible for ensuring that the computers, electronic devices and electronic communication methods you utilize will provide adequate security for communicating with us. You are also responsible for the use of any user name and password you create to access this Site; any instructions we receive using your login information will be treated as authorized by you. We are not responsible for the disclosure or interception of your personal information before we receive it.
We offer you the choice of how you receive communications from us. You have the right to tell us to stop using your information for our direct marketing purposes. Please send your email request, including your name and contact information to our email contact address listed below. We will honor your request within 30 days of receiving it or such time period as required by local law. Please be aware that opting out will not prevent us from sending you communications about your transactions or your account with us.
THIRD PARTY LINKS
This Site is not designed nor intended to be attractive for use by children under the age of 15. We do not knowingly collect from children under the age of 15, though we may collect personal information about a child that is provided by a parent or guardian. We respect the privacy of children, and do not collect any more personal information than reasonably necessary to enable them to participate in the activities we offer at our Site. We will not use personal information knowingly collected on our website from children for direct sales solicitations without their parent or guardian’s consent and in compliance with applicable law.
HOW TO CONTACT US
In order to ensure your request is dealt with expeditiously, please be sure to include your full name, address and telephone number and a copy of a document evidencing your identity (such as an ID card or passport) so we can ascertain your identity and whether we have any personal information regarding you, or in case we need to contact you to obtain any additional information, we may require to make that determination.
If you feel that this Site is not following its stated policy or complying with applicable privacy laws, please contact us by sending an email.