Terms and Conditions

HomeTerms and Conditions

Terms and Conditions

The website https://tivoliparksaop.in/ , it’s any sub-domains thereof, and any other websites through which its services are made available, our mobile, tablet and other smart device applications, and application program interfaces etc (hereinafter collectively referred to as “TPK“) is hosted and operated by Tivoli Parks AOP (hereinafter “Tivoli Parks”), an AOP providing Facility Management Services (FMS) for City Park (Oxyzone), Kota and having its registered office at D-Block, Multimetals Campus, 6-7, Heavy Industrial Area, Kansua Road, Kota (Rajasthan) – 324003.

These Terms of Use, Privacy Policy and Community Guidelines regulating use of these Services constitute a legally binding agreement between TPK and the User (the Agreement). For the purpose of these Terms and Conditions (T&C), wherever the context so requires “You” or “User” shall mean any legitimate person who is viewing /browsing the Tivoli Parks website and/or has agreed to avail the Services provided through TPK, by providing the required information during registration with the website. The terms “We”, “Us”, “Our”, “TPK” used in these Terms shall mean Tivoli Parks.

TPK and/or any other website(s) linked to this website is an online information and communications service provided to you, subject to your compliance with the terms and conditions set forth below.

All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of Tivoli Parks’ stated services, in accordance with and subject to, prevailing law of Rajasthan, India. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

 

Acceptance to Terms & Condition

The use of this Website by You is solely governed by these T&C and any policy/terms so mentioned by terms of reference. Browsing the Website or use of the services offered through the Website shall be taken to mean that You have read and agreed to T&C so binding.

By impliedly or expressly accepting these T&C, You also accept and agree to be bound by Privacy Policy available on the Website which may be amended from time to time.

You will be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by this Website, and they shall be deemed to be incorporated into this T&C and shall be considered as part of T&C.

For the purposes of this Agreement, any person who does not have a legal or a contractual right to access the Services, but does so, will fall within the definition of an ‘unauthorized user‘ and will nevertheless be subject to the terms and conditions regulating the usage of TPK, and expressly so with respect to respecting the intellectual property rights of the Tivoli Parks, and abiding by terms and conditions below mentioned.

If you utilize TPK in a manner inconsistent with these terms and conditions, Tivoli Parks may terminate your access, block your future access and/or seek such additional relief as the circumstances of your misuse may be deemed to be fit and proper.

 

Amendment/Modification of Terms/Services

Tivoli Parks may amend/modify these terms and conditions at any time, and such modifications shall be effective immediately upon posting of the modified terms and conditions on TPK. You may review the modified terms and conditions periodically to be aware of such modifications and your continued access or use of TPK, shall be deemed conclusive proof of your acceptance of these terms and conditions, as amended/modified from time to time. Tivoli Parks may also suspend the operation of TPK for support or technical upgradation, maintenance work, in order to update the content or for any other reason.

The content of TPK is provided “as is” and on an “as available” basis, without warranties or representations of any kind, either expressed or implied.

 

Payment Terms

Payments for the Services offered by TPK shall be on an advance basis. The payment for Service once subscribed to by the subscriber is not refundable and any amount paid shall stand appropriated. Refund if any will be at the sole discretion of Tivoli Parks. We offer no guarantees whatsoever for the accuracy or timeliness of the refunds reaching the Users card/bank accounts. User acknowledges and agrees that TPK, at its sole discretion and without prejudice to other rights and remedies that it may have under the applicable laws, shall be entitled to set off the amount paid or payable by a subscriber/user against any amount(s) payable by User to TPK under any other agreement or commercial relationship towards other products/services. TPK gives no guarantees of server uptime or applications working properly. All is on a best effort basis and liability is limited to refund of amount only. Tivoli Parks undertakes no liability for free Services. Tivoli Parks reserves its right to amend / alter or change all or any disclaimers or terms of agreements at any time without any prior notice. All terms / disclaimers whether specifically mentioned or not shall be deemed to be included if any reference is made to them.

 

Intellectual Property Rights

All logos, brands, trade-marks and Service marks (“Marks”) appearing on TPK are the properties either owned or used under license by Tivoli Parks and/or its associates. All rights accruing from the same, statutory or otherwise wholly vest with Tivoli Parks /its associates. The access to TPK does not confer upon the User any license or right to use in respect of these Marks and therefore the use of these Marks in any form or manner, whatsoever is strictly prohibited. Any violation of the above would constitute an offence under the prevailing laws of India.

Tivoli Parks respects the Intellectual Property Rights of all; it has and will continue to adhere to all the laws applicable in India in this respect. TPK shall protect and respect the Intellectual Property Rights of the users as well as third parties to the best of its ability. In a case where a User(s) are found to be using TPK as a platform to infringe the Intellectual Property Rights of others, Tivoli Parks will be free to terminate this Agreement forthwith without any notice to the user.

Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. Tivoli Parks does not filter, edit, publish or review Comments prior to their presence on the website. This is to be noted that the comments do not reflect the views and opinions of Tivoli Parks, its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions.

To the extent permitted by applicable laws, Tivoli Parks shall not be liable for the comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the comments on this website. Tivoli Parks reserves the right to monitor all comments and to remove any comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.

 

You warrant and represent that the comments posted by You on TPK:

  • Will not invade any intellectual property right, including without limitation, copyright, patent or trademark of any third party.
  • Will not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy.
  • Will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

You hereby grant Tivoli Parks a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.

 

Restrictions/Prohibitions

  1. The following actions will inter alia constitute a misuse of TPK and are strictly prohibited:
  2. Utilizing the Services offered by Tivoli Parks in any manner so as to impair the interests and functioning of TPK and which is non-compliant with laws and regulations.
  3. Copying, extracting, downloading, sharing, modifying, selling, storing, distributing, making derivate works from or otherwise exploiting any content, data, information, including profiles, personal details, photographs and/or graphics, available on TPK and/or any services or products provided by the Tivoli Parks, in any manner or for any purpose which is not, consistent with in accordance with the Terms & Conditions.

Users are expressly prohibited from using TPK and/or any content or data provided therein for:

  • Any commercial purposes such as creating alternate databases, extending access to TPK to third parties without prior written consent of the Tivoli Parks; and/or
  • Undertaking any business activity which is in competition with the business of Tivoli Parks; and/or
  • Sharing access with persons who are not contracted with Tivoli Parks.
  • Reselling the products/services offered by the Tivoli Parks.

 

Link to third party websites

Tivoli Parks may provide links to other third-party Websites or resources. Tivoli Parks makes no representations whatsoever about any other website You may access through TPK.

The following organizations may link to TPK without prior written approval:

  • Government Agencies
  • Search Engines
  • News Organizations
  • Online directory distributors may link to TPK Website in the same manner as they hyperlink to the Websites of other listed businesses.
  • System wide Accredited Businesses except for soliciting non-profit organizations, charity shopping malls, and charity fundraising groups.

These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.

We may consider and approve other link requests from the following types of organizations: 

  • Commonly-known consumer and/or business information sources
  • com community sites
  • associations or other groups representing charities
  • online directory distributors
  • internet portals
  • accounting, law and consulting firms; and
  • Educational institutions and trade associations.

We will approve link requests from these organizations if we decide that: (a) the link would not jeopardize interest of Tivoli Parks and/or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Tivoli Parks; and (d) the link is in the context of general resource information.

These organizations may link to our home page so long as the link:

  1. is not in any way deceptive;
  2. does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and
  3. Fits within the context of the linking party’s site.

Approved organizations may hyperlink to our Website as follows:

  1. By use of our corporate name; or
  2. By use of the uniform resource locator being linked to; or
  3. By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.

No use of Tivoli Parks’ logo or other artwork will be allowed for linking in absence of a trademark license agreement.

If you are one of the organizations that fall in the above mentioned approved category and are interested in linking to our website, you must inform us by sending an e-mail to tivoliparksaop@gmail.com. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Tivoli Parks will send a response to you in 2-3 weeks.

Tivoli Parks reserves the right to remove all links or any particular link from the Website. You agree to remove any/all links from the TPK upon request by Tivoli Parks.

 

Disclaimer and warranties

It is solely Your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, Services, real estate and other related information listed on the website. Tivoli Parks does not warrant that the access to website will be uninterrupted or error-free or that defects in website will be corrected.

Tivoli Parks and/or any third party providing materials, services or content to this website, disclaims all warranties, express or implied, statutory or otherwise including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement of third party rights, completeness or accuracy of the information, update or correctness of the information, freedom from computer viruses, other violation of rights regarding services, products, material and contents of TPK.

Tivoli Parks offers no guarantee, no warrantees that there would be satisfactory response or any response at all for any/every query.

The Services offered in one region may differ from those in other regions due to availability, local or regional laws or legal impediments and other considerations/factors. Tivoli Parks does not make any warranty or representation that a User in one region may also obtain the Services as provided in another region.

 

Limitation of Liability

Tivoli Parks  will not be liable for any damages of any kind arising out of or relating to the use or the inability to use TPK, its content or links, including but not limited to damages caused by or related to errors, omissions, interruptions, defects, delay in operation or transmission, computer virus, line failure and all other direct, indirect, special, incidental, punitive, loss of profit, exemplary or consequential damages whether based on warranty, contract, tort or any other legal theory including Force Majeure, and whether or not, such organizations or entities were intimated or advised of the possibility of such damages.

Tivoli Parks assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communication line failure, theft or destruction or unauthorized access to or alteration of User’s data/information.

Tivoli Parks shall not be responsible for any problem or technical malfunction on-line-systems, servers or providers, computer equipment, software, failure of e-mail or players on account of technical problem or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to any User and/or Members or to any other person’s computer related to or resulting from participating or downloading materials/information from the website.

Tivoli Parks will not be liable on account of any inaccuracy of information on this web site. Any breach of privacy or of the information provided by the consumer to Tivoli Parks to be placed on the website by technical or any other means is not the responsibility of Tivoli Parks and Tivoli Parks does not guarantee confidentiality of information provided to it by any person acquiring/using all/any information displayed on Tivoli Parks website or any of its other websites/domains owned and operated by Tivoli Parks.

 

Termination

Tivoli Parks may, without notice in its sole discretion, and at any time, terminate or restrict your use or access to TPK (or any part thereof) for any reason, including, without limitation, that Tivoli Parks based on its judgment and perception believes you have violated or acted inconsistently with the letter or spirit of these terms and conditions or any applicable law.

 

Privacy Policy

The Privacy Policy of the Platform explains how we may use your personal data, we will at all times respect and ensure adherence to the privacy policy, additionally various settings are provided to help you to be able to control the manner in which others may be able to view your information as chosen by you to be displayed on your profile and the manner in which you may have chosen to be contacted. Any feedback provided by a User shall be deemed as non-confidential to the user.

 

Waiver

The failure of Tivoli Parks to exercise or enforce any right or provision of the terms and conditions of use shall not constitute a waiver of its right to enforce such right or provision subsequently.

 

Governing Law

By accessing TPK you agree that the laws prevailing in India shall be the governing laws in all matters relating to Tivoli Parks as well as these terms and conditions.

 

Jurisdiction

Courts at Kota, Rajasthan, India alone shall have the exclusive jurisdiction in all matters relating to Tivoli Parks and these terms and conditions, irrespective of the territory and jurisdiction of your access to Tivoli Parks.

 

Contact Us

If you have any questions about the Terms & Conditions, You can contact us:

By email: tivoliparksaop@gmail.com