AGREEMENT BETWEEN YOU AND RCI INDIA PVT. LTD.
This Website is offered to you by RCI India Pvt. Ltd. ("RCI" or "we"). Your use of this Website and/or your acceptance without modification of the terms, conditions and notices published on this Website constitutes your agreement to all such terms, conditions and notices. If you do not agree with these terms, conditions and notices, then you are not authorised to use this Website.
The following are the terms, conditions and notices for your use of this Website, including without limitation all other services which may be offered or provided to you from time to time by RCI with the use of your membership account.
BY CLICKING THE "I ACCEPT" BUTTON AND COMPLETING THE REGISTRATION PROCESS, YOU ARE STATING THAT YOU ARE A CURRENT AND BONA FIDE MEMBER OF RCI RESIDENT FOR ALL PURPOSES IN ONE OF THE COUNTRIES COVERED AND SERVICED GEOGRAPHICALLY BY RCI, YOU ARE ELIGIBLE FOR A MEMBERSHIP ACCOUNT AND THAT YOU AGREE TO BE BOUND BY ALL OF THESE TERMS, CONDITIONS AND NOTICES OF YOUR USE OF THIS WEB SITE AND THE RCI EXCHANGE PROGRAMME FEATURE PUBLISHED ON THIS WEB SITE.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
This Website is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, materials, products or services published on this Website.
COPYRIGHT AND TRADEMARK NOTICES
All material published on this Website including the site design, text, graphics, interfaces, and the selection and arrangements thereof, are the property of RCI India Pvt. Ltd., Resort Condominiums International, LLC, or RCI Europe, or its or their sister or subsidiary, or parent or holding companies or any subsidiary of such parent or holding companies, or its or their affiliates, associates, or partners, and are protected by Indian and/or other national and international copyright and intellectual property laws. Copyright © 2001 RCI India Pvt. Ltd. ALL RIGHTS RESERVED.
Reproduction of this Website, or any portion hereof, in any form or media without express written permission from RCI India Pvt. Ltd. is prohibited. Any unauthorised use of the material appearing on this site is in violation of copyright, trademark and other applicable laws and could result in criminal or civil penalties. Your use of this Website is subject to our legal terms.
RCI India Pvt. Ltd. is a subsidiary of Resort Condominiums International, LLC, which is the owner of a number of registered trademarks, including but not limited to RCI and Design, the RCI Logo, and the domain names www.rci.com, www.rci.co.in and www.rcitravel.co.in. Other product and company names mentioned herein may be the trademarks of their respective owners, whether or not registered.
WE ATTEMPT TO ENSURE THAT THE INFORMATION PUBLISHED ON THIS WEB SITE AT ANY ONE TIME IS ACCURATE. HOWEVER, WE CANNOT GUARANTEE THAT IT WILL BE FAULT-FREE. THE INFORMATION, SOFTWARE, MATERIALS, PRODUCTS AND SERVICES, AS WELL AS THE RCI EXCHANGE PROGRAMME FEATURE, PUBLISHED ON THIS WEB SITE MAY INCLUDE INACCURACIES, TYPOGRAPHICAL ERRORS AND OMISSIONS. WE WILL DO OUR BEST TO CORRECT ERRORS AND OMISSIONS AS QUICKLY AS PRACTICABLE AFTER BEING NOTIFIED OF THEM. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION PUBLISHED ON THIS WEB SITE WITH ADDITIONS, DELETIONS AND AMENDMENTS OCCURRING THERETO AND IMPROVEMENTS AND/OR CHANGES MAY BE MADE TO THE FUNCTIONALITY, CONTENTS, DESIGN OR LAYOUT OF THIS WEB SITE. RCI, ITS AFFILIATES AND/OR THEIR RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OR OTHERWISE OF THE INFORMATION, SOFTWARE, MATERIALS, PRODUCTS AND SERVICES, AS WELL AS THE RCI EXCHANGE PROGRAMME FEATURE, PUBLISHED ON THIS WEB SITE FOR ANY PURPOSE. RCI SHALL USE REASONABLE CARE AND SKILL IN CARRYING OUT THE SERVICES PUBLISHED ON THIS WEB SITE. ALL SUCH INFORMATION, SOFTWARE, MATERIALS, PRODUCTS AND SERVICES, AS WELL AS THE RCI EXCHANGE PROGRAMME FEATURE, ARE PROVIDED "AS IS" AND "AS FOUND" WITHOUT WARRANTY OF ANY KIND. RCI, ITS AFFILIATES AND/OR THEIR RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES, TERMS AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, MATERIALS, PRODUCTS AND SERVICES, AS WELL AS THE RCI EXCHANGE PROGRAMME FEATURE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS, BY STATUTE, COLLATERALLY OR OTHERWISE, OF SATISFACTORY QUALITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL RCI, ITS AFFILIATES AND/OR THEIR RESPECTIVE SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, COLLATERAL OR EXEMPLARY DAMAGES OR LOSSES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE OR WITH THE DELAY OR INABILITY TO USE THIS WEB SITE OR FOR ANY INFORMATION, SOFTWARE, MATERIALS, PRODUCTS AND SERVICES, AS WELL AS THE RCI EXCHANGE PROGRAMME FEATURE, PUBLISHED ON THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, INCLUDING WITHOUT LIMITATION LOSS OF OPPORTUNITY, GOODWILL OR BUSINESS OR ANTICIPATED SAVINGS, OR LOSS OF DATA, DATA FILES, OR OTHER PROGRAMS HOWSOEVER CAUSED AND ON ANY THEORY OF LIABILITY, EVEN IF RCI, ITS AFFILIATES AND/OR THEIR RESPECTIVE SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, EXCEPT IN RELATION TO LIABILITY FOR DEATH OR PERSONAL INJURY FOR WHICH NO LIMIT APPLIES. IN NO EVENT SHALL THE LIABILITY OF RCI, ITS AFFILIATES AND/OR THEIR RESPECTIVE SUPPLIERS FOR DIRECT LOSS ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL VALUE OF THE TRANSACTION UNDER WHICH THE CLAIM ARISES FOR ANY ONE EVENT OR SERIES OF CONNECTED EVENTS.
THIS LIABILITY SECTION APPLIES ONLY TO THE EXTENT PERMITTED BY LAW.
THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of this Website, you warrant to RCI that you will not use this Website for any purpose that is unlawful or prohibited by these terms, conditions and notices.
LINKS TO THIRD-PARTY SITES
This Website may contain hyperlinks to Websites operated by other parties other than RCI. Such hyperlinks are provided for your reference only. RCI does not control such Websites and is not responsible for their contents. RCI's inclusion of hyperlinks to such Websites does not imply any endorsement of the material contained on such Websites or necessarily any association with their operators.
USE OF BULLETIN BOARD, CHAT ROOMS, AND OTHER COMMUNICATIONS FORUMS
If this Website contains bulletin boards, chat rooms, or other message or communication facilities (collectively "Forums"), you agree to use the Forums only to send and receive messages and material that are proper and related to the particular Forum. By way of example, and not as a limitation, you agree that when using a Forum you shall not do any of the following:
- Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, distribute, or disseminate any defamatory, infringing, obscene, indecent, or unlawful material or information.
- Upload or transmit files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents.
- Advertise or offer to sell any goods or services or conduct or forward surveys, contests, or chain letters (which includes sending junk email, spamming or any duplicative or unsolicited messages).
- Download any file that is posted by another user of a Forum that you know, or reasonably should or ought to know, cannot be legally distributed in such manner or harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Create a false identity or forged e-mail address or header, or otherwise attempt to mislead others as to the identity of the sender or the origin of the message.
- Upload or transmit files that contain viruses, trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar software or programs.
- Interfere with or disrupt networks connected to the Forum or violate the regulations, policies or procedures of such networks.
- Attempt to gain unauthorised access to the Forum, other Forum accounts, computer systems or networks connected to the service, through password mining or any other means.
- Violate any U.S. law regarding the transmission of technical data or software exported from the United States through the service.
- Delete any author attributions, legal notices, or proprietary designations or labels in any file that is uploaded, downloaded or transmitted.
You acknowledge that all Forums are public and not private communications. Further, you acknowledge that chats, postings, conferences, and other communications by other users are not endorsed by RCI, and such communications shall not be considered, reviewed, screened, or approved by RCI. RCI reserves the right for any reason to remove without notice any contents of the Forums received from users, including without limitation bulletin board postings. RCI reserves the right to deny in its sole discretion any user access to this Website or any portion thereof without notice.
MODIFICATION OF THESE TERMS, CONDITIONS AND NOTICES
RCI reserves the right at any time to change, amend, modify, alter, update, or remove portions of the terms, conditions and notices under which this Website, or the RCI Exchange Programme feature published on it, is offered or operated, so please check such terms, conditions and notices (including all other policies of RCI) from time to time as your continued use of this Website signifies your acceptance of any change, amendment, modification, alteration, update or removal of any portion of the terms, conditions and notices under which this Website, or the RCI Exchange Programme feature published on it, is offered or operated. This right shall not affect the existing terms, conditions and notices accepted by you upon using this Website and/or undertaking legitimate activities or on-line transactions on and in connection with the RCI Exchange Programme feature herein contained, or with purchasing products or services from RCI, consequent to your use of this Website.
This agreement (and any disputes, claims or proceedings of whatsoever nature arising out of or in any way relating to your use of this Website and/or the RCI Exchange Programme feature published on this Website) is governed by and shall be construed in accordance with the laws of India. You hereby consent to the exclusive jurisdiction of the Indian courts in all disputes arising out of or relating to your use of this Website. Your use of this Website is unauthorised in any jurisdiction that does not give effect to all provisions of these terms, conditions and notices, including without limitation this Paragraph.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and RCI as a result of this agreement or your use of this Website.
RCI's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of RCI's right to comply with law enforcement requests or requirements relating to your use of this Website or information provided to or gathered by RCI with respect to such use.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision(s) will be deemed superseded by a valid, enforceable provision(s) that most closely matches the intent of the original provision(s) and the remainder of this agreement shall continue in effect.
This agreement constitutes the entire agreement between you and RCI with respect to your use of this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and RCI with respect to your use of this Website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Fictitious names of companies, products, people, characters, and/or data mentioned herein are not intended to represent any real individual, company, product, or event.
Any rights not expressly granted herein are hereby reserved.
USE OF RCI EXCHANGE PROGRAMME
The RCI Exchange Programme feature published on this Website is provided solely to assist you in renewing your membership, making legitimate deposits, determining exchange availability, requesting exchanges and reserving and confirming legitimate exchanges, and conducting on-line transactions and purchases and for no other purposes. You warrant that you are at least 18 years of age, are resident for all purposes in one of the countries covered and serviced geographically by RCI, possess the legal authority to enter into this agreement and to use this Website in accordance with all terms, conditions and notices herein and that you are a current and bona fide member of RCI. You agree to be financially responsible for all your use of this Website (as well as for use of your account by others, including without limitation minors (persons under 18 years of age) living with you). You agree to supervise all usage of this Website under your name or account. You also warrant that all information (including details you provide to RCI for the purpose of making deposits, requesting exchanges, making reservations and conducting on-line transactions) supplied by you or members of your household, or by third parties authorised and supervised by you, in using this Website is true and accurate. You further warrant that any credit or debit card that you use to conduct on-line transactions is your own and that there are sufficient funds on such credit and debit accounts to cover the cost of the programmes, products or services purchased by you. If there are any changes to the details supplied by you, it is your responsibility to inform RCI as soon as possible.
Without limitation, any speculative, false or fraudulent activities, or on-line transactions or any activities or on-line transactions in anticipation of demand, are prohibited. You agree that the information, software, materials, products and services, as well as the RCI Exchange Programme feature, published on this Website shall be used only for the purposes of undertaking legitimate activities or on-line transactions integrally connected with the RCI Exchange Programme for you or for those persons for whom your are legally authorised to act. You understand that abuse of this Website or of the information, software, materials, products and services, as well as the RCI Exchange Programme feature, published on this Website by you, or by third parties authorised by you, may result in you being denied access to it.
Information, software, materials, products and services, as well as the RCI Exchange Programme feature, published on this Website, and their availability, are provided only for the benefit of members of RCI domiciled for all purposes in one of the countries covered and serviced geographically by RCI. Therefore, only such persons are able to make legitimate deposits, determine exchange availability, request exchanges and reserve and confirm legitimate exchanges, and conduct on-line transactions on and in connection with the RCI Exchange Programme feature published on this Website.
You shall be completely responsible for any all applicable charges, fees, duties, taxes and assessments arising out of your use of this Website or arising in the course of undertaking legitimate activities or on-line transactions integrally connected with the RCI Exchange Programme for you or for those persons for whom your are legally authorised to act.
RCI's Terms of Membership, which are separate terms and conditions to these terms, conditions and notices, will apply to all legitimate activities and on-line transactions on and in connection with the RCI Exchange Programme feature published on this Website. You agree to abide by all such terms and conditions of membership of RCI and/or the terms and conditions of any suppliers with whom you elect to deal, including but not limited to payment of all amounts when due and compliance with all rules and restrictions regarding availability, occupation and use of exchange accommodation. RCI will not be responsible for the provision of non-exchange-related programmes, products or services offered by third parties to you, whether or not we are acting as agents for any such third parties, or for any aspect of the relationship between you and those third parties. You shall be completely responsible for all charges, fees, duties, taxes and assessments arising out of your use of this Website or arising in the course of undertaking legitimate activities and on-line transactions on or in connection with the RCI Exchange Programme feature published on this Website.
Under the laws of the United States of America certain countries are listed as being Restricted or Prohibited countries for the provision of travel services. Restricted countries currently include, but are not necessarily limited to, Cuba, the Federal Republic of Yugoslavia (Serbia and Montenegro), Iran, Iraq, Libya and Sudan. RCI, its affiliates and/or their respective suppliers is neither able to accept deposits, consider or allow exchange requests or make and fulfil exchange reservations or issue confirmations on or in connection with the RCI Exchange Programme feature published on this Website from any RCI Members who are citizens or permanent resident aliens of any designated Restricted or Prohibited countries wishing to make a deposit at, or to exchange into, any Affiliated Resort in the United States; nor is able to consider or allow any RCI Members who are US citizens or permanent resident aliens to make a deposit at any Affiliated Resort in any designated Restricted or Prohibited countries, or to exchange into accommodation deposited in the RCI Exchange Programme by any RCI Members who are citizens or permanent resident aliens of any designated Restricted or Prohibited countries.
RCI does not guarantee the transmission or processing of any information or on-line transaction submitted to this Website. The transmission of any information does not mean the on-line transaction has been accepted or rejected, but merely indicates that a transmission has been initiated. All on-line transactions are subject to written confirmation. Given the unique nature of the Internet and the need to secure RCI systems and proprietary technology, RCI reserves the right in its sole, absolute and unfettered discretion at any time to restrict or prohibit access to this Website for any user for any reason, and especially to restrict or prohibit access for users who demonstrate patterns of abuse, or unusual or improper use of this Website. Furthermore, the level of service available on and from this Website may vary, and this Website may be inaccessible or "down" for periods of time. RCI reserves the right to suspend or discontinue this Website, or any portion hereof, for business or technical reasons. However, the use of RCI's membership services may be accessed through traditional means, such as via telephone or through regular post.
This Website will not prevent you from making incorrect deposits, requesting impossible exchanges, and making impossible and/or incorrect exchange reservations, such as two exchanges to different resorts at the same time. If you make incorrect deposits, or request impossible exchanges, or make impossible and/or incorrect exchange reservations, you accept and agree that these are your errors and/or omissions, that these are your total responsibility, and that RCI will not be liable to give you a refund, either in whole or in part, or to rectify the situation for you having to undertake or undertaking any such mistaken activities and on-line transactions.
Any rights not expressly granted herein are hereby reserved.
Cost of foreign products or services may be subject to currency fluctuations. Currency rates are based on various publicly available sources and should be used as guidelines only. Rates are not verified as accurate, and actual rates may vary. Currency quotes are not updated every day. Check the date on the Currency Converter for the day that currency was last updated. The information supplied by this application is believed to be accurate, but RCI, its affiliates and/or their respective suppliers do not warrant or guarantee such accuracy. When using this information for any financial purpose, RCI advises you to consult a qualified professional to verify the accuracy of the currency rates. RCI, its affiliates and/or their respective suppliers do not authorise the use of this information for any purpose other than personal use and prohibit to the maximum extent allowable the resale, redistribution, and use of this information for commercial purposes.