Terms & Conditions

1. Description of Service

Cheersbye.com is an on-line travel marketplace that features hotels, serviced apartments, homestays, restaurants, event halls, shopping, entertainment, nightlife contents(the "Supplier Content") available to users of the Site (the "Service"). Users may search the Site and book directly with the Supplier via the Site. In addition to the Services, Cheersbye.com offers optional on-line advertising on the Site, which includes featured property placements, banner advertisements and destination sponsorships ("Advertising" or "Advertisements"). Unless otherwise agreed upon by the parties in writing, Cheersbye.com (ii) provide end user support for the Site and other customer service related issues. Supplier acknowledges and agrees that it is responsible for providing support to users for (among other things) issues related to the Supplier Content and the Supplier website.

2. Additional Terms

• If Supplier uses third party software or a third party to manage and transmit Supplier Content, Supplier will be solely responsible for system errors or other errors arising from the use of such third party software or management company. Cheersbye.com will have no liability to Supplier or to any user or other third party for any such errors. In addition to the responsibilities set forth in Section 1 above, Supplier acknowledges and agrees that it is responsible for (i) all Supplier Content uploaded to the Site including, without limitation, the availability of room inventory, rates, and hotel information, and (ii) the legality, reliability, originality and copyright of the Supplier Content Supplier will use the Site, Interface and the Services in accordance with applicable law and in a manner which does not interfere with, disturb, or disrupt other website users, services, or equipment, as determined by Cheersbye.com in its sole discretion.
• Supplier shall promptly update the Supplier Content, in the event that Supplier changes the facilities.
• Supplier acknowledges and agrees that Cheersbye.com cannot control, and will have no responsibility for (i) a user's actual check-in or check-out dates, (ii) cancellation of reservations, (iii) any discounts, refunds or other accommodations offered or provided by Supplier to a user. If a user requests additional changes or upgraded accommodations directly from the Supplier, the Supplier is solely responsible for any such additional changes and the collection of any related fees.

3. Advertising

• Supplier may elect to purchase Advertising from Cheersbye.com by either signing Cheersbye's then-current merchandizing agreement (which Cheersbye.com shall make available to Supplier separately Any such Advertising shall be on an as-available basis and may be removed or repositioned at any time by Cheesbye.com in its discretion. Although priority is given to paid Advertisements, Cheersbye does not guarantee positioning of any Advertisements on the Site.
• Supplier shall pay Cheersbye.com for Advertising services in advance. Payment shall be due upon acceptance of this Agreement. In addition to any other rights, Cheersbye.com may immediately remove Supplier's advertisements in the event of non-payment by Supplier.

4. Standards for Content and Advertising

• Supplier acknowledges and agrees that Supplier, not Cheersbye.com, is entirely responsible for the Supplier Content and any Advertising content that Supplier uploads or otherwise transmits via the Site and the Services including, without limitation, updating information and providing current information about renovations and other activities that would impact the user's experience. Cheersbye.com shall have no obligation to monitor the Supplier Content or any Advertising content, however, Cheersbye.com reserves the right, without liability, to reject, remove and/or cancel any Supplier Content or Advertising content which Cheersbye.com in its sole discretion deems to be: (i) offensive or otherwise inconsistent with Cheersbye’s content standards; (ii) violating law or third party rights; or (iii) implying that Cheersbye.com or its partners or subcontractors endorse the Customer's products or services.
• Supplier acknowledges and agrees that Cheersbye.com shall have no obligation to monitor, modify or remove user reviews about Supplier or Supplier's property.
• Supplier hereby grants Cheersbye.com a non-exclusive, worldwide, royalty-free right and license to link to, utilize, copy, exploit, display and prepare derivative works of the Supplier Content, any Advertising content (including any Supplier trademarks, service marks, brand names or logos), rates or inventory on the Cheersbye.com Site and partner web sites that are part of the Cheersbye.com network. Supplier agrees that the Supplier Content and Advertising content is provided on a non-proprietary and non-confidential basis.
• Supplier represents and warrants that it has all necessary rights, title and interest in and to the Supplier Content and the Advertising content to grant the licenses hereunder.
• Supplier hereby grants permission to publicize the fact that it is an Cheersbye.com partner.

5. User Data

Any user data collected by Cheersbye.com on the Site or through use of the Service shall be owned by Cheersbye.com and may only be used in accordance with Cheersbye's then-current published privacy policies. Supplier acknowledges and agrees that Cheersbye.com cannot and does not guarantee, and assumes no liability for, the security or confidentiality of user data transmitted to or from the Site or the Service.

6. Supplier Brand Protection

Cheersbye.com agrees not to purchase or bid on Supplier's brand names, trademarks or hotel names in any on-line search engines. Cheersbye.com further agrees not to purchase or rent any domain names that include Supplier's brand names, trademarks or hotel names.

7. Term and Termination

This Agreement is effective when supplier evidences his/her acceptance of these terms and shall continue until terminated as provided herein. This Agreement may be terminated: (i) by either party for convenience by giving the other party sixty (60) days' prior written notice of termination; (ii) by either party in the event that a material breach of this Agreement remains uncured after the non-breaching party has given thirty (30) days prior written notice to the breaching party specifying the breach; or (iii) immediately by Cheersbye.com in the event of Supplier's breach of Section 4 or of its payment obligations hereunder. Upon termination or expiration of this Agreement Cheersbye.com shall immediately cease providing the Services and the payment date of all amounts due Cheersbye.com shall automatically be accelerated so that they shall become due and payable on the effective date of termination or expiration, even if longer terms had been previously granted.

8. Warranty Disclaimer

YOU AGREE THAT CHEERSBYE.COM PROVIDES THE SERVICE, ADVERTISING, SITE AND INTERFACE ON AN "AS IS" AND "WHERE AVAILABLE" BASIS AND THAT CHEERSBYE.COM MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT WITHI RESPECT TO THE SERVICE, ADVERTISING, SITE OR THE INTERFACE. FURTHER, CHEERSBYE.COM MAKES NO WARRANTIES AS TO THE NUMBER OF VISITORS TO OR PAGES DISPLAYED ON THE CHEERSBYE.COM SITE OR THE FUNCTIONALITY, PERFORMANCE, OR RESPONSE TIMES OF THE CHEERSBYE.COM SITE. CHEERSBYE.COM FURTHER DISCLAIMS, AND SHALL HAVE NO LIABILTIY TO SUPPLIER OR TO ANY USER FOR, RESERVATIONS OR USER TRANSATIONS MADE VIA THE SITE OR THE SERVICE.

9. Indemnification

Supplier agrees to defend, indemnify and hold harmless Cheersbye.com and each of Cheersbye's agents, customers, subcontractors and affiliates, and the officers, directors, and employees of any of the foregoing, from, against and in respect of any and all losses, costs, (including reasonable attorney's fees) expenses, liabilities, damages, assessments, or judgments (collectively, "Liabilities"), resulting from any claim against any such parties in connection with the Supplier Content, the Advertising content, Supplier's hotel listing or any reservation or billing transaction with users, or any claim for personal injury, death or loss occurring on or near the Supplier property, except to the extent that such claims directly resulted from the gross negligence or willful misconduct of Cheersbye.com.

10. Limitation of Liability

CHEERSBYE.COM DISCLAIMS AND SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, COST OR DAMAGE (COLLECTIVELY, "LOSSES") SUFFERED BY SUPPLIER OR ANY THIRD PARTY INCLUDING, WITHOUT LIMITATION, ANY LOSSES RELATED TO PERSONAL INJURY, DEATH, THEFT, OR THE COMMISSION OF ANY CRIME THAT OCCURS ON OR NEAR THE SUPPLIER PROPERTY AND SHALL IN NO EVENT BE LIABLE FOR CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES, INCLUDING LOST PROFITS OR LOSS OF DATA. IN NO EVENT SHALL CHEERSBYE'S LIABILITY FOR DAMAGES HEREUNDER EXCEED THE AMOUNTS PAID BY SUPPLIER TO CHEERSBYE.COM UNDER THIS AGREEMENT.

11. Governing Law

Legal disputes if any will be settled under the laws of Indian courts subject to laws of Republic India. The place of arbitration will be Chennai, India.

12. Force Majeure

Any delay in or failure of performance by either party under this Agreement will not be considered a breach of this Agreement and will be excused to the extent caused by any occurrence beyond the reasonable control of such party including, but not limited to, acts of God, power outages, or failures of the Internet, provided that the party affected by such event shall immediately begin or resume performance as soon as practicable after the event has abated.

13. General

This Agreement constitutes the entire understanding and Agreement between the parties and supersedes any and all prior understandings and/or agreements between the parties with respect to the subject matter. No change, amendment or modification of any provision of this Agreement or waiver of any of its terms will be valid unless set forth in writing and mutually agreed to by the parties. If any of the terms of this Agreement is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. Cheersbye's failure to enforce any of the terms of this Agreement is not a waiver of such term. All notices or approvals required or permitted under this Agreement will be by e-mail or in writing and delivered electronically, by confirmed facsimile transmission, by overnight delivery service, or by certified mail, and in each instance will be deemed given upon receipt. All notices or approvals will be sent to Supplier at the address provided by Supplier upon registration and to Cheersbye.com at the address above, or to such other address as may be specified by either party to the other in writing. The proprietary rights, disclaimer of warranties, representations made by Supplier, indemnities, limitations of liability and general provisions shall survive any termination of this Agreement.