Terms and condition


Welcome to the CLUB MAHINDRA COMMUNITY websites and mobile properties located at https://community.clubmahindra.com / https://clubmahindra.com/community and applicable country top level domains (including sub-domains associated with them), related software applications (sometimes referred to as “apps”), data, SMS, APIs, email, chat and telephone correspondence, buttons, widgets and ads (collectively, all of these items shall be referred to herein as the “Services”; more generally, the Club Mahindra websites and mobile properties shall hereinafter be referred to herein as “websites”). The Services are offered to you on the condition upon your acceptance of the terms, conditions and notices set forth below (collectively, this “Agreement”). By accessing or using the Services, you agree to be bound by this Agreement and represent that you have read and understood its terms. Please read this Agreement carefully, as it contains information concerning your legal rights and limitations on these rights, as well as a section regarding applicable law and jurisdiction of disputes. If you do not accept all of these terms and conditions, you are not authorized to use the Services. If you have an account and wish to terminate this Agreement, you can do so at any time by closing your account and no longer accessing or using the Services.

 

Any information, text, links, graphics, photos, audio, videos, data, code or other materials or arrangements of materials that you can view on, access or otherwise interact with through the Services shall be referred to as “Content”. The terms “we”, “us”, “our” and “Club Mahindra” refer to Mahindra Holidays & Resorts India Limited (“Club Mahindra”). “Services” as defined above refers to those provided by Club Mahindra or our corporate affiliates (Mahindra Holidays and such entities, when one or more are referred to, shall be collectively defined as the “Mahindra Holidays & Resorts India Limited Companies”). For the avoidance of doubt, the websites are all owned and controlled by Club Mahindra.  

 

The term “you” refers to the individual, company, business organization or other legal entity using the Services and/or contributing Content to them. The Content that you contribute, submit, transmit and/or post to or through the Services shall be referred to variously as “your Content”, “Content of yours” and/or “Content you submit.”

 

The Services are provided solely to:

Assist customers in gathering travel information, posting Content and searching for and assistance in Club Mahindra Membership services and reviews; and

Assist Club Mahindra Membership businesses in engaging with Members, contributing to Mahindra social initiative of educating a girl child by Nanhi Kali and, by way of free and/or paid-for services offered by or through the Company.

We may change or otherwise modify this Agreement in the future in accordance with the terms and conditions herein, and you understand and agree that your continued access or use of the Services after such change signifies your acceptance of the updated or modified Agreement. Any revisions will take effect upon posting. We will notify registered users of our Services (such registered users to be referred to as “Account Holders”) of material changes to these terms and conditions by placing a notice on our websites. Be sure to return to this page periodically to review the most current version of this Agreement.

 

USE OF THE SERVICES

 

As a condition of your use of the Services, you warrant that (i) all information supplied by via the Services to the Club Mahindra is true, accurate, current and complete, (ii) if you are an Account Holder, you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you, (iii) you are 18 years of age or older (in some jurisdictions, local laws may have an older age requirement) you may use your parents account who are the Members and cannot have your separate account, and (iv) you possess the legal authority to enter into this Agreement and to use the Services, including our websites in accordance with all terms and conditions herein. The Company do not knowingly collect the information of anyone under the age of 18. We retain the right at our sole discretion to deny anyone access to the Services, at any time and for any reason, including, but not limited to, for violation of this Agreement. By using the Services, including any products or services that facilitate the sharing of Content to or from third party sites, you understand that you are solely responsible for any information that you share with the Company. You may access the Services solely as intended through the provided functionality of the Services and as permitted under this Agreement. 

 

Copying, transmission, reproduction, replication, posting or redistribution of (a) Content or any portion thereof and/or (b) the Services more generally is strictly prohibited without the prior written permission of the Company. To request permission, please direct your request to [email protected]

 

In order to access certain features of the Services, you will need to become an Account Holder by creating an account. When you create an account, you must provide complete and accurate information. You are solely responsible for the activity that occurs on your account, including your interaction and communication with others, and you must safeguard your account. Towards this end, if you are an Account Holder, you agree to keep your contact information up to date. Club Mahindra reserves the right to invite and accept invite from Members to be part of the Community. In case the Member posts any derogatory content on the Community website, Club Mahindra shall have the absolute right and discretion to remove the Member from the Community with immediate effect and the Content so posted shall also be removed forthwith from the Community website.  

 

If you are creating an account for commercial purposes and are accepting this Agreement on behalf of a company, organisation or other legal entity, you represent and warrant that you are authorised to do so and have the authority to bind such entity to this Agreement, in which case the words “you” and “your” as used in this Agreement shall refer to such entity and the individual acting on behalf of the company shall be referred to as a “Business ”.

 

Some Content you see or otherwise access on or through the Services is used for commercial purposes. You agree and understand that the Club Mahindra may place advertising and promotions on the Services alongside, near, adjacent or otherwise in close proximity to your Content (including, for video or other dynamic content, before, during or after its presentation), as well as the Content of others.

 

Club Mahindra may, from time to time, decide to change, update or discontinue certain products and features of the Services. You agree and understand that the Company have no obligation to store or maintain your Content or other information you provide, except to the extent required by applicable law.

 

We also offer other services that may be governed by additional terms or agreements. If you use any other such services, the additional terms will be made available and will become part of this Agreement, except where such additional terms expressly exclude or otherwise supersede this Agreement.

 

PROHIBITED ACTIVITIES

 

The Content and information available on and through the Services (including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software, code or other material), as well as the infrastructure used to provide such Content and information, is proprietary to the Club Mahindra. For all Content other than your Content, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer. Additionally, you agree not to:

(i) use the Services or Content for any commercial purpose;

(ii) access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any Content of the Services, including but not limited to, user profiles and photos, using any robot, scraper or other automated means or any manual process for any purpose not in accordance with this Agreement or without our express written permission;

(iii) violate the restrictions in any robot exclusion headers on the Services or bypass or circumvent other measures employed to prevent or limit access to the Services;

(iv) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;

(v) deep-link to any portion of the Services for any purpose without our express written permission;

(vi) "frame", "mirror" or otherwise incorporate any part of the Services into any other websites or service without our prior written authorization;

(vii) attempt to modify, translate, adapt, edit, decompile, disassemble or reverse engineer any software programs used by the Company in connection with the Services;

(viii) circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content; or

(ix) download any Content unless it’s expressly made available for download by the Company.

About Contests on the Club Mahindra Community

1.1 The Club Mahindra Community conducts various contests to engage with Community members. Contest is an engagement activity that supports the entry submission process of a contest organized by Mahindra Holidays & Resorts India Limited (herein after referred to as ‘Club Mahindra’), where participants stand a chance of winning or getting the specific ‘prize’ mentioned in the contest collateral either when Club Mahindra chooses the winner or by completing the set participation tasks.

 1.2 Members can take part in the contest by submitting their entry via the Club Talk Contest section on the community website or via email – depending on the rules of entry mentioned in the contest collateral.

 1.3 Each contest will run for a limited period which is mentioned with each contest terms; all the winner names being announced via the Community newsletter in the subsequent month or directly conveyed to the member at such other date as may be decided by Club Mahindra at its own sole discretion.

 1.5 For a contest, from a pool of participants, 1 (one) top entry or more may be selected as winner(s) by the Club Mahindra Team. For participation tasks, Trip Coins / RCPs will be given to participation on completion of the set tasks with all entries being considered valid by the Club Mahindra team if shared specifically in the contest

 1.6 The top contest entry winner will be entitled to winning additional Trip Coins / Resort Credit Points as specified in the contest rules. 

 1.7 All submissions and entries for the contest shall be accepted at the sole discretion of Club Mahindra. Club Mahindra shall be entitled to reject any entry without assigning any reason.

 1.8 Please ensure that all information in the official entry submitted by you (Participant) is authentic and accurate. In case we identify an entry to be inaccurate or fake, the participant will be disqualified, and their entry will not be accepted.

 1.9 The Participant alone shall be responsible and liable for all loss or damage caused due to any copyright or other intellectual property rights violation arising out of the content submitted by the Participant as part of the contest. The contest, Club Mahindra, its promoters, partners and sponsors shall not be liable for any legal or punitive action. By participating in the Contest, the Participant agrees to indemnify Club Mahindra, its promoters, partners and sponsors from any and all liability arising out of a violation of copyright or other intellectual property rights arising out of the content submitted by the Participant

Rules of participation

2.1 Only those members who are individuals and residents of India shall be eligible to participate in the contest.

 2.2 The Contest is not open to employees, distributors, franchisees, agents and suppliers of Mahindra Holidays & Resorts India Limited as also to the participants residing in the State of Tamil Nadu, India.

 2.3 Participants can submit multiple unique entries depending on the contest rules

 

2.4 Participation does not guarantee a prize.

 

2.5 The Contest is organized and managed by Club Mahindra, and Club Mahindra has complete authority on all the proceedings of the same. The decision of Club Mahindra as regards any aspect of this Contest shall be final & binding

 

2.6 The Contest period is as mentioned in the promotions. The right to change it is at the discretion of Club Mahindra.

Results

3.1 The results of the contest will be declared via the Community newsletter such other date as may be decided by Club Mahindra at its own sole discretion. In this regard, it is clarified that the decision of Mahindra Holidays & Resorts India Limited shall be final, and no contestant shall have the authority to contest the same. Such instance of contestation, shall warrant disqualification.

 

3.2 Prizes shall be given only for valid entries. Basis for selection of winners shall remain confidential & at the sole discretion of Club Mahindra and Club Mahindra shall be under no obligation of any kind to share the modalities with any participant and no such demand shall lie against the Company.

 

3.3 The prize/ gifts for the winners cannot be exchanged for cash or transferred. No alternate gift/prize or offer shall be provided by Club Mahindra in lieu of the Contest Prize.

 

3.4 The winners shall be required to submit relevant documents, including their identity & address proof, valid Indian passport, visa etc. for claiming their gift/ prize.

 

3.5. The winners shall only be entitled to receive his/ her gift/ prize/ trip only post verification of the credentials (as mentioned above).

 

3.6 Taxes, levies, etc. as applicable on prizes/ trip shall be payable by the winner upfront in the manner as may be specified by Club Mahindra and the Company will not be liable to reimburse the same.

General

4.1 All the contents submitted by the Participant for the Contest shall be the property of Club Mahindra and Club Mahindra shall be entitled to use the same for any purpose whatsoever at its sole discretion. The Participant shall not be entitled to claim copyright or any other rights/ entitlements over the same.

 

4.2 Any lapse in communication with the winner due to false emails/ addresses provided by the winners via contest entry process will not be the responsibility of Club Mahindra, and the winner will be treated as void in such cases

 

4.3 Club Mahindra does not guarantee merchantability, fitness or quality of the prizes and any claim in respect of same shall lie with the respective manufacturer.

 

4.5 Process of distribution of prizes may take 4 weeks’ period receipt of all the relevant documents and no claim shall lie for delay in distributing the prizes.

 

4.6 Club Mahindra shall not be liable for any delay/ failure to comply with its obligation caused by weather conditions, epidemic/pandemic, fire, flood, strike, war, political unrest, riots, accidents, act of God or any other unavoidable reasons beyond its control.

 

4.7 Club Mahindra reserves the right to modify, add or delete any of the terms and conditions or participation mechanics of the contest at any point of time at its sole discretion, without serving any prior intimation to the participants. Intimation of any change, modification, addition, deletion in the terms and conditions of the Contest will be served to the participant by posting the revised terms and conditions of the Contest on the Community campaign page.

 

4.8 Club Mahindra Holidays does not take any responsibility for any content submitted by the contestants and reserves its rights to direct the possible claimants to the contestants in the respect of the content submitted by the contestants.

 

4.9 Club Mahindra may collect personally identifiable information that you provide to us, such as your name, member ID, phone number or email address which may be used by Mahindra Holidays & Resorts India Limited for its internal and promotional purposes. Mahindra Holidays & Resorts India Limited may also access profile and other information from Social media platforms.

 

4.10 No other offers can be clubbed with these Contests

 

4.11 Any disputes with regards to the contest shall be referred to arbitration by a Sole Arbitrator appointed by Club Mahindra in terms of the Arbitration and Conciliation Act 1996, at Mumbai, as such the agreement will be subject only to the jurisdiction of the courts in Mumbai. Seat and place of arbitration shall be Mumbai.

 

4.12 By participating in the contest, the participants agree to abide by the Terms and Conditions of participation.

 

4.13 All submissions and entries for the contest shall be accepted at the sole discretion of Club Mahindra.

 

 

 

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AQUASAIL OFFER FOR MEMBERS

1.1 This offer is valid for bonafide Club Mahindra Members 

1.2 Club Mahindra does not guarantee merchantability, fitness or quality of Aquasail's offerings and any claim in respect of same shall lie with the respective manufacturer/ trip organizer. Visuals displayed here are representations & may vary from the actual in terms of make, brand, weight and color and model.

 

1.3 All Bookings would be confirmed subject to availability of boats

 

1.4 Any change of booking date will be accommodated on a best effort basis and subject to availability 

 

1.5 Cancellation policies will apply based on location 

 

1.6  All Aquasail safety norms need to be adhered to 

 

1.7  All Sailing Experiences will be undertaken subject to fair weather conditions and Aquasail decision in this matter is final

 

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