Wyndham Hotels - Internet Service

TERMS & CONDITIONS FOR USE OF GUEST INTERNET SERVICES

Welcome to the Guest Internet Access Services (“Services”) of Wyndham Hotels.

This Service is provided by one or more third party service providers (collectively, “Vendors”) in conjunction with (“Wyndham”). By checking on the ‘I Agree’ & clicking on the login button in the Hotel’s Guest Internet Log in page, you, (the “User”) will be deemed to have read, understood, accepted and agreed to being bound by the terms and conditions ("Terms and Conditions") set forth below and authorize this Hotel to provide the Services. These Terms and Conditions must be read in conjunction with any other applicable terms and conditions governing the use of the Services and which may be incorporated, added, amended, supplemented any time herein after and/or which already stands incorporated.

These Terms and Conditions are subject to revision from time to time at our sole discretion.

If you do not accept these Terms and Conditions, you must refrain from using the Services. If you do not agree to be bound by the Terms and Conditions, we will be under no obligation to provide you with the services.

1. Customer Login System

The hotel Guest Internet System (Wired or Wireless) which you are using without access into the customer login system is activated to allow access only to the hotel’s official websites. Only on placing an order for the Services by selecting an Internet plan, you would be authenticated to access the Internet through the customer login system for requested plan on payment of stipulated fees based on the plan selected by you.

2. Computer Equipment & devices

2.1 Use of any personal pen drives or other data storage and transfer devices in the Business Centre is subject to permission from the Hotel Business Centre staff and after due Antivirus and Anti-Worm checks and other security checks have been made.

2.2 Once you purchase the Services, you will be provided with a secure username and password and may also be provided with a user manual that contains instructions for setting up and using the Services. The credentials provided, if installed and/or used properly, allows you to access and use the Services. You represent and agree that you have reviewed the credentials in the personal devices in which the Services may be used, meets these minimum requirements.

2.3 In case you use your personal Internet enabled devices to connect to the Internet using customer login system, you are advised to use appropriate security measures such as a VPN connection, personal, for the purposes of your own protection and privacy, you are advised to install a firewall or other electronic security measures when accessing the internet. Likewise, protection from viruses, worms, malware, trojan horses, and other code with destructive properties is your sole responsibility. More information on how you can protect yourself is publicly available on the world wide web. Please note that we do not endorse any of such protective products or services and do not make any representations or warranties regarding their effectiveness or compatibility with this service.

2.4 WYNDHAM shall not be responsible for any loss of any data or deterioration of performance in the device used to access the Services. WYNDHAM shall also be not liable to any damages caused to the user devices, if any while using the Services. The User agrees not to seek any claim from WYNDHAM for any and all losses, damage, costs and expenses, direct or indirect, however incurred due to access of the Services by the user device.

3. Services

Services provided are intended to be used by you only. not attempt to interfere with service to any user, host, or network ("denial of service attacks"). This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host.

3.1 You shall not use any kind of program/script/command, spiders, robots or send messages of any kind, designed to interfere with a user"s terminal session, via any means, locally or by the Internet.

3.2 You agree not to run any servers in conjunction with the Services, including but not limited to, electronic mail, NAT, DHCP and DNS servers. In the event any User attempts to utilize a server on the network, WYNDHAM may, at its sole discretion, increase the fees associated with the Services, or terminate the Services.

4. System and Network Security

You understand that there are certain security risks to use of the Service through both wired & wireless networks. We are committed to maintaining a public network for ease of use and make no guarantees or representations regarding the security of our network. We recommend the use of personal firewall software and a VPN client to attach to private networks.

5. Breach of the Terms and Conditions

WYNDHAM shall investigate any misconduct / suspected breach of the agreement by you, and reserve the right to take such steps including suspension or withdrawal of the Service with immediate effect and without notice to you.

6. Disclaimer

6.1 You acknowledge that use of the Service is at your own risk and the Hotel assumes no liability on the account of the same. The Service is provided on an "as-available" basis, and to the fullest extent permitted by law, we hereby exclude all and any warranties or conditions of any kind whether express or implied, in respect of the Service and any content or data obtained or downloaded from it. WYNDHAM expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.

6.2 We do not warrant that the Service will be uninterrupted, timely, high speed, secure or error-free or virus-free at all times or will meet your requirements; and we are not responsible for the security, integrity, accuracy or completeness of any information that you transmit or receive while using the Service.

7. IP Addresses

IP addresses are normally assigned on a dynamic basis and there is little or no assurance that you will be assigned the same (or even similar) IP address between sessions

8. User Complaint Resolution

In order to resolve a complaint regarding the Services or to receive further information regarding the use of the Services, User should contact the Hotel’s Assistance by dialling ‘9’ from his/her room.

9. Additional Terms and Conditions

Additionally, our web site may contain links to web sites operated by other third parties other than us. Such links are provided for your convenience only. We do not control such Web sites and is not responsible for their contents. Our inclusion of links to such Web sites does not imply any endorsement of the material on such Web sites or any association with their operators.

10. Limitation of Liability

To the fullest extent permitted by applicable law, under no circumstances, including, but not limited to, negligence, shall WYNDHAM be liable for any direct, indirect, incidental, special or consequential damages, including, but not limited to, damages for loss of profits, use, data or other intangibles, even if they have been advised of the possibility of such damages, that result from the use or the inability to use this Service, from any changes to this Service, or from unauthorized access to or alteration of your transmissions or data. You specifically agree that WYNDHAM are not responsible or liable to you or anyone else for any threatening, defamatory, obscene, offensive, tortious, or illegal conduct of yours or of any other party or any infringement of another’s rights, including intellectual property rights, arising on, from, or in connection with this Service. You are solely responsible for your own conduct in using this Service and will indemnify and hold harmless WYNDHAM from any claims, liability, damages or costs that result from your conduct in using this Service. If you are dissatisfied with this Service, the materials available on or through this Service, or with any provisions in this legal notice, your sole and exclusive remedy is to discontinue using this Service.

11. Privacy

WYNDHAM respects the privacy of all Users of this Service. This Service does not correlate the User of the service with the sites visited or content viewed. We do record the room number of the User for billing purposes. The record of a specific name associated with that room number is stored in a separate database to protect the privacy of the User. A log of all usage activity relating to this Service is maintained for system performance and maintenance purposes and system security requirements. At some Hotels, we provide Users the ability to print documents or web pages while using this Service. While we take reasonable measures to secure the printer, because it is a shared printer, we cannot ensure others may not see a document you print. WYNDHAM will only disclose usage information without your permission when required by law, or in good faith belief that such action is necessary to investigate or protect against harmful activities to our guests, visitors, associates, or property (including this Service), or to others.

12. Entire Agreement

This document shall be read in conjunction with and be supplemented by the guest registration card which is already signed by you. Notwithstanding anything mentioned in this document, in case of any conflict the terms in the guest registration card shall prevail and be binding on the parties.

13. Assignment

All of the Terms and Conditions shall be binding upon, inure to the benefit of, and be enforceable by the User alone. Except as specifically stated herein, neither these Terms and Conditions nor any of the rights, interests or obligations of User or Hotel shall be assigned or delegated without the prior written consent. Any unauthorized assignment or delegation shall be void.

Notwithstanding the foregoing, WYNDHAM may assign or otherwise transfer its rights and obligations to any affiliate (whether by purchase of stock or assets, merger, operation of law, or otherwise) of that portion of its business related to the subject matter hereof.

14. Severability

In the event that it is determined by a court of competent jurisdiction as a part of a final non-appealable judgment that any provision of these Terms and Conditions (or part thereof) is invalid, illegal, or otherwise unenforceable, such provision will be enforced as nearly as possible in accordance with the stated intention of the parties, while the remainder of the Terms and Conditions will remain in full force and effect.

15. Indemnification

You shall indemnify and hold us harmless against any and all claims, losses, damages and liabilities sustained by the Hotel resulting from, rising out of, or connected with any breach of, or non-fulfilment of any representation, warranty, covenant or agreement made by or other obligation of User contained in these Terms and Conditions.

16. Venue/Choice of Law

All disputes, whether arising out of, or incidental to stay at the Hotel, directly or indirectly, or through any Franchisor, agent etc, shall be a subject matter of dispute between User and WYNDHAM only and shall be subject to the exclusive jurisdiction of appropriate courts at India.