Terms & Condition

CONTENT GUIDELINES

These content guidelines (“Guidelines”), the The Nanee terms of use and privacy policy govern our use of your Content (defined below) that is uploaded onto our website (“The Nanee”) from third party websites such as Twitter, Facebook and Instagram (“Third Party Websites” and together with the The Nanee Website, the “Websites”) and explain how we pull your comments, illustrations, videos, design, captions, photographs, profile or other materials, including your name, town and country, that may be tagged with a hashtag or geotag (together “Content”) to the The Nanee Website via the Third Party Websites.

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.

By replying with #Yes or #LouisTCollection or #LouisTexperiences to or #  (“Hashtag”) by any of The Nanee branded property request to use your Content, you hereby agree to the following Terms of Use:

CONTENT

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.

USE RIGHTS

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).

AMENDMENTS

We reserve the right to amend the Guidelines at any time. Such amendments shall be effective at the date of posting.

ILLEGALITY

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.

REPORTING

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]>

GOVERNING LAW

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.

COPYRIGHT

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.

USAGE

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:

  • the information should not be used for any commercial purpose or public display, performance, sale or rental
  • no copyright or other proprietary information should be removed / copied
  • the information should not be transferred to another person
  • software should not be interfered with in any manner
  • every person downloading, reproducing or otherwise using the information must prevent any unauthorized copying or usage of the information
  • you will only use the information for lawful purposes and in accordance with these terms and conditions

 

CAUTION

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.

LINKED WEBSITES

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.

Privacy & Cookie Policy

OVERVIEW

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.

This Privacy Policy describes how we collect, use, safeguard and share information received through this Site and in the course of our business as well as your choices regarding your personal information.

As one of our guests and/or a visitor to our Site (defined below) you understand and agree that we may collect, use and share your personal information in accordance with this Privacy Policy and the Terms and Conditions.

 

APPLICATION OF THIS PRIVACY POLICY

This Privacy Policy pertains to the personal information that we collect or receive regarding our guests, other individuals and visitors to The Nanee website (the “Site”), operated by Epicurean (collectively, “us” or “we”). Please review this Privacy Policy carefully to understand our commitment to your privacy.

 

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:

  • Name, gender, nationality, date and place of birth, travel information, passport and visa information;
  • Contact information, such as a home or business address, telephone number and email address;
  • Information that allows us to provide specialized services to you or fulfill special requests, such as accommodating health or dietary conditions, but we do not collect sensitive information about you, such as health information, except as reasonably needed for us to provide services to you ;
  • Credit card or payment card number, billing address, expiration date and security code;
    Eligibility information such as name, age and contact information when participating in a competition; and
  • Preferences for receiving communications from us or in the course of participating in surveys or promotional offering

 

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 may use personal information you submit and non-personal information we automatically collect for the purposes identified in this Privacy Policy for our general business use, including, for example:

  • Processing, fulfilling and recording reservations and/or purchases;
  • Billing your credit card for advance purchase reservations and advance deposits;
  • Contacting you for confirmation or customer service after reservations and purchases are made or after you sign up for or participate in certain activities;
  • Conducting statistical or demographic analysis;
  • Tracking reservations and corresponding resort stays;
  • Sending you emails that relate to a property stay or dining experience;
  • Sending you via postal mail or email, communications such as guest surveys or promotional offers and benefits;
  • Communicating special offers and featured items to you, if you choose to receive such notices;
  • Responding to your inquiries, complaints and other communications;
  • Providing for the safety and security of our guests and staff and meeting our legal and regulatory compliance requirements; and
  • Use of your public Content that is uploaded onto our website from third party websites such as Twitter, Facebook and Instagram.
  • For more information about how we use of your Content and your choices regarding Content, please see our Terms & Conditions.

 

COOKIES

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 personal and non-personal information from time to time as permitted by law and this Privacy Policy. We do not share your information with third parties for their use in direct marketing unless we have your permission. We may share your personal information with travel agencies and loyalty programmes or if you request or authorize us to do so. Otherwise we may disclose your information only as follows:

AGGREGATED 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
Your personal information and non-personal information may be shared for any purpose among our group companies. Each of our companies subscribes to this Privacy Policy and will treat your information in accordance with this Policy.

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.

LEGAL REQUIREMENTS

We may disclose your personal information to comply with the law, applicable regulations, governmental and quasi-governmental requests, court orders or subpoenas, to enforce our Terms of Use or other agreements, or to protect our rights, property or safety or the rights, property or safety of our users or others.

CORPORATE TRANSACTIONS

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.

Personal information is transferred to our computers in Singapore to facilitate aggregated trend analysis used for property management purposes such as planning new locations, evaluate amenities and guest preferences, and for advertisement planning. In relation to personal information collected relating to Singapore is governed by Personal Data Protection Act 2012 (PDPA), such data is covered by the Privacy Policy and other procedures which are designed to ensure an adequate level of protection.

While we will take steps reasonably necessary to ensure your personal information is treated securely and in accordance with this Privacy Policy in Nepal, the property country may not offer a level of privacy protection for personal information as great as that offered in your home country or other jurisdictions. Therefore, disclosing your personal information to us pursuant to this Privacy Policy is at your own risk.

We strive to comply with the laws of jurisdictions in which we maintain property, but we make no representations or warranties that the practices described in this Privacy Policy are compliant with laws outside of those jurisdictions that apply to the collection, security, use, processing, transfer and disclosure of personal information.

When you make a booking on this Site you expressly consent to such transfer, storing and processing.

 

SECURITY

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.

 

YOUR CHOICES

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

We may permit third parties to link to this Site or to post a link to their site on ours. We do not endorse these sites and are not responsible for other sites or their privacy practices. We encourage you to be aware when you leave our Site and to read the privacy statements of each and every website that collects personally identifiable information. This Privacy Policy applies only to personal information collected by our Site.

 

CHILDREN’S PRIVACY

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.

 

CHANGES TO THIS PRIVACY POLICY

From time to time and without notice we may make changes to this Privacy Policy to reflect any changes to our privacy practices in accordance with changes to legislation, best practice or website enhancements. From time to time, we may use customer information for new, unanticipated uses not previously disclosed in our Privacy Policy. If our information practices change at some time in the future, we will post the Privacy Policy changes to our Site to notify you of these changes and provide you with the ability to opt out of these new uses. Any revised Privacy Policy will only apply prospectively to personal information or non-personal information collected or modified after the effective date of the revised policy. You should periodically review the Privacy Policy available at our Site for revisions. Use of our Site after revision of the Privacy Policy signifies your consent to the revised Privacy Policy.

 

HOW TO CONTACT US

If you have any questions or complaints regarding this Privacy Policy or any requests concerning your personal information, please contact us by email at : [email protected]

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.

 

EFFECTIVE DATE

The effective date of this Privacy Policy is 01/10/2022.

PRIVACY POLICY