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Terms of Use

TERMS OF USE

1 Introduction

· 1.1 Welcome to the Casa Anjali’s Terms of Use for the Site (as defined below). Use of this Site is subject to these terms and conditions along with any specific terms and conditions set forth within or parts of the Site (collectively, the “Terms of Use”) and all applicable laws and regulations, including those regarding copyright, trademark, and other intellectual property rights. Any possible submission of personal data by you on the Site is subject to Casa Anjali’s Privacy Policy (available at https://casaanjaliprd.wpengine.com/privacy) which is hereby incorporated into these Terms of Use.

 

1.2 The Website is the operated by Everty Services Limitada (a company registered in Costa Rica with its registered office at 118 B Street, Trejos Montealegre Neighborhood, Escazu Village Mixed Condominium, Corporate Tower, Everty Offices, Floor: 2, Escazú, San Rafael, San José, Costa Rica) and its affiliated companies (collectively termed as “Casa Anjali Villa” or “Casa Anjali” or “we” or “our” or “us” for convenience only and are it’s not intended as a precise designation of any one particular entity).

1.3 The term “Site” refers to https://casaanjaliprd.wpengine.com/ and any other website, app or platform owned, operated, or licensed by Casa Anjali that displays these Terms of Use (or a link to them). The Site may include websites, mobile websites, and other Internet-enabled or wireless means by which we make content available to you or receive content from you, including, without limitation, downloadable or preloaded software applications (including, without limitation, desktop, mobile and tablet applications, content and blog submission services, chat rooms, and message boards).

 

1.4 The following are terms and conditions of a legal agreement between you (“You” or “Your” or “guest”) and Casa Anjali and these terms and conditions shall govern your use of our Site. More specifically, by:

1.4.1 accessing and/or using the Site or the Content provided on or through the Site, and/ or

1.4.2 submitting any material and/ or information to or through our Site, and/ or

1.4.3 making a booking via our Site,

you agree to follow and be bound by these terms and conditions concerning your access to and use of the Site and the Content. If you disagree with these Terms of Use, you should not use our Site in any way.

1.5 You must be at least 18 years of age to use our Site. By using our Site, you warrant and represent to us that you are at least 18 years of age.

 

1.6 All the information on this Site is specific to Casa Anjali. We have taken great care to make this Site as clear, comprehensive and informative as possible and all the information here is presented with great care and attention; however Casa Anjali will not guarantee the information is presented correctly and we assume no responsibility for any inconveniences, loss of revenue or any damages, which result from the direct or indirect use of any information provided on our Site by You or any other third party.

 

1.7 We also endeavor to ensure that all information presented on our Site is accurate, appropriate and up to date however, we do not make guarantees of any kind in that respect, including but not limited to the rates of Casa Anjali listed being available at the time of a booking.

 

1.8 Through the Site, you have access to a variety of resources and content. These may include from time to time, but are not limited to, the following:

1.8.1 webpages, data, messages, text, images, photographs, downloads, service marks, graphics, audio and video such as podcasts and webcasts, and documents such as press releases, case studies, articles, newsletters, white papers, product data sheets, bookings and reservations (“Materials”); and

 

1.8.2 forums, discussion groups, chat areas, bulletin boards, blogs, wikis, e-mail functions, and other services in connection with which you can upload, download, share, email, post, publish, transmit or otherwise access or make available Content (as defined below) (“Community Services” and together with Materials and other information are collectively referred to as “Content”).

 

1.9 Our Site uses cookies. By using our Site, you consent to our use of cookies in accordance with the terms of our Privacy and Cookies Policy.

2 Copyright and Trademark notice

Subject to these Terms of Use:

2.1 We, together with our licensors, own and control all the copyright, trademarks and other intellectual property rights in our Site and the Content; and

 

2.2 all the copyright, trademarks and other intellectual property rights on our Site and the Content are reserved;

 

2.3 the names, logos, trademarks, and service marks of Casa Anjali or any other third party that appear on the Site or in the Content may not be used in any advertising, publicity, promotion, or in any other manner implying the endorsement or sponsorship of Casa Anjali, or affiliation with any product or service, without our prior express written permission;

 

2.4 you acknowledge that you do not acquire any ownership rights in any and all of our intellectual property by downloading copyrighted material.

 

 

 

3 Promotional Information

 

The Site may display or provide information regarding specific programs, offers, or promotions (“Promotional Offers”). Any such Promotional Offer is subject to its specific terms, conditions and restrictions and if booked via the Site, these Terms of Use. Please refer to and read carefully the terms, conditions and restrictions of each Promotional Offer. Casa Anjali reserves the right to alter or withdraw any Promotional Offer at any time without previous notice. Each Promotional Offer is void where prohibited by applicable law.

 

4 Reservations

 

4.1 Bookings

 

All bookings for Casa Anjali through the Site are handled by a third-party provider and certain necessary information is required, in order for your booking to be processed by Casa Anjali and completed. Card payments are accepted, and your declared card must be valid until the date of Your departure from Casa Anjali. Your card details will be passed directly to Casa Anjali to guarantee your booking. Casa Anjali reserves the right to take a pre-authorization on the credit/debit card prior to the date of Your arrival. If Your card has been declined, Casa Anjali will try to contact You and reserves the right to cancel the booking if an alternative valid card is not provided. Bookings cannot be guaranteed without a valid credit/debit card. Full payment is required prior to check-in with the same valid credit/debit card, used at the time of booking. Some reservations or promotional packages may require 100% pre-payment of the stay value.

 

Deposits or final payment must be received, according to these Terms of Use and any special booking terms communicated to You prior to or at the time of booking Your stay at Casa Anjali. In addition to credit card payments, as described above, You may also complete payments by bank deposits and/or international wire transfers. All reservations must be made by an adult over the age of 21. A minimum of one person over the age of 21 for every two persons staying at Casa Anjali is required. Reservations made under a false pretense will be subject to eviction and forfeiture of booking payment, fees and taxes.

 

4.2 Check-in policy

 

The check-in time at Casa Anjali is from three to ten (3:00 p.m. to 10.00 p.m.) local time on the check-in date.

 

The check-out time at Casa Anjali is from six to eleven (6:00 a.m to 11.00 a.m.) local time on the check-out date.

 

4.3 Cancellation policy

 

Should You wish to cancel a confirmed reservation, the cancellation request must be communicated in writing. Cancellation of a booking at any time after a booking confirmation has been issued may result in

forfeiture of any deposit(s). In eventual cancellation, the reservation fee is forfeited, and a cancellation fee will apply if the below cancellation policy is not met. The cancellation fee will depend on the time left to arrival, season booked and length of stay. The cancellation fee is calculated as a percentage of the total booking value and tax for the booking, using the following percentages:

 

Low Season (May 1st – September 30th):

50% if canceled thirty (30) days or less prior to arrival.

 

High Season (January 7th – April 30th; October 1st – December 17th):

50% if canceled forty five (45) days or less prior to arrival.

 

Festive Season (December 18th – January 7th):

50% if canceled sixty (60) days or less prior to arrival.

 

The exact timeframes and dates will be stated by booking special terms which will be communicated to You at the time of booking.

 

If a reservation spans more than one season, the highest cancellation fee applies.

 

5 Casa Anjali Right to Cancel and Errors

 

The Site may contain technical inaccuracies and typographical or other errors in connection with information displayed on the Site, including, without limitation, rates, fees, stay details, or availability applicable to your transaction. Casa Anjali assumes no responsibility or liability for such errors, inaccuracies, or omissions. Casa Anjali shall have the right not to honor reservations or information affected by such errors, inaccuracies, or omissions. Casa Anjali shall have the right to make changes, corrections, cancellations, and/or improvements to such information or reservations based on such information, at any time, including after confirmation of a reservation.

 

6 Payment Terms

 

Casa Anjali requires all reservations to be guaranteed by a credit card or bank deposit or international wire transfer in writing by direct correspondence with our reservations department. You are required to enter a valid credit card number so as to guarantee your reservation and charges will be made according to payment policy at the time of the booking, communicated to You by our reservations department.

 

In case of a Promotional Offer booking, the total cost of the booking for the stay could be payable in full at the time of such booking, depending on the terms of the Promotional Offer. Failure to provide a valid credit/debit card detail for the booking could result in an automatic cancelling of the booking. Promotional Offer bookings are non-cancellable and non-amendable. In the event of cancellation or no-show, no refund will be given. Name on the reservation must be the same as the credit cardholder’s name and same individual must check-in for the stay. The credit/debit card used to book the Promotional Offer rate must be presented at the time of check-in. In case if you are paying for someone else, please get in touch with our reservation department prior to the arrival of the guest. Promotional Offers cannot be combined with

any other Promotional Offer and the discount is non- transferable. We reserve the right to discontinue a promotion at any time without notice. The specific terms of a Promotional Offer will have precedence over any conflicting terms under these terms and conditions.

 

An advance deposit of 50% of the booking value must be paid upon confirmation of the booking and full payment must be completed at least 60 days prior to Your arrival.

 

General booking rates terms:

 

i. Our prices and fees are quoted in U.S. dollars and will be charged either in US$ or in Costa Rican colones at the exchange rate on the transaction date.

ii. Rates and fees are subject to change without notice until confirmed with payment by You.

iii. Rates are quoted without applicable taxes at the time of reservation. Should the Costa Rican tax legislation change prior to check-in, the rates will be increased accordingly, and You will have to pay the difference, even if the reservation has been fully paid in advance.

iv. Rates are quoted on a per night or per week basis and/or as otherwise noted.

v. You must inform Casa Anjali of any changes to the number of people who will be staying at Casa Anjali prior to check-in so that the booking value will be amended accordingly.

 

7 Pets

 

Prior notice of the reservation department of Casa Anjali is mandatory in order to allow pets on Casa Anjali and the imposition of a charge to cover the necessary cleaning is applicable, the amount of which shall be communicated to You prior to or at the time of the booking.

 

8 Non-smoking policy

 

In keeping with the global initiative and while adhering to applicable laws, rules and regulations, we are environmentally friendly and as such, our guest accommodations are exclusively non-smoking. Failure to adhere to this policy may result in a cleaning charge and/ or a fine if found to be in breach of any applicable legislation, rule and/ or regulation.

 

9 Occupancy and stay conditions

 

9.1 The total number of guests allowed at Casa Anjali at any time is restricted to the stated limit as per number of rooms and beds available. Maximum occupancy is up to 14 guests and a maximum of 4 children are allowed.

 

9.2 Casa Anjali reserves the right to refuse entry or to expel persons not named as members of Your party.

 

9.3 Casa Anjali will proceed with the guest(s) immediate eviction without refund if the guest(s) are found to be conducting unlawful activities, not abiding by any stay rules communicated to the guest(s), disturbing others by playing loud music, percussion, audio or instruments, or cause any

loud or offensive noises, have made any misrepresentations about the nature or size of the group, or the use of the property, or any other misrepresentations or any other way in breach of the rental agreement.

 

9.4 No catering, parties, outside music, weddings or gatherings are allowed without prior written permission from Casa Anjali, additional charges may apply.

 

9.5 Any agents and/or representatives of Casa Anjali may enter the property at reasonable times to make repairs or provide maid service.

 

9.6 You shall not permit any use of pools or hot tubs by unsupervised children or other people, and shall keep gates closed. Guest and other invitees shall use the pools at their own risk.

 

9.7 As guest(s) at Casa Anjali, You:

 

i. may not sublet the property.

ii. are responsible for the property, its contents, and themselves during occupancy.

iii. are responsible for ensuring that You adhere to the policies in these Terms of Use and/or any special terms of the booking and/or to the rules and regulations affecting the property as these are communicated to You after Your booking.

iv. must immediately notify Casa Anjali agents and/or representatives of any fire and/or other damage to property.

v. shall not permit any use of pool or hot tub by unsupervised children or other guests and shall use such pool or hot tub at their own risk.

vi. agree that neither Casa Anjali, nor the property owner will be held responsible for:

– acts of theft or vandalism or other damages to the guest’s personal items left in the property.

– personal items left on the property by guest upon departure.

 

10 Emergency

 

There is an agent on-call 24 hours a day for emergencies which the guest can reach via a dedicated phone line available on the property. Non-emergencies will be noted and handled the following day during office hours.

 

11 Terms of Use, the Privacy Policy and Cookies Policy

 

11.1 Our Privacy Policy and Cookies Policy sets out how we will respect your privacy and how we use data collected by the Site. For additional and detailed information, please see our Privacy Policy and Cookies Policy.

 

11.2 Casa Anjali may revise these Terms of Use at any time, without notice. The revised Terms of Use will be effective when posted / published on the Site. Accordingly, if you disagree with and do not

want to accept the Terms of Use, as these have been revised, you must discontinue to use our Site.

 

11.3 You acknowledge and accept that any personal information collected on our Site may be accessed, processed and stored globally and will comply with Casa Anjali’s Privacy Policy.

 

11.4 You hereby acknowledge, understand and accept that we collect, use, process, possess and otherwise store your personal data and information and may share such data, where necessary, with third party service providers for the purposes identified in our Privacy Policy and Cookies Policies and to the extent permissible under applicable law.

 

12 Security

 

If you have been provided with a login and password, then any such login and password are for your personal use only. You may not reveal your login or password to anyone else or permit anyone else to use your login and password to access the Site. You are responsible for maintaining the confidentiality and security of your login and password and accept responsibility for all activities that occur under your account or password. You must notify Casa Anjali immediately in the event that the security of your login or password has been breached or any how compromised.

 

13 License to use our Site

 

13.1 You may, subject to these Terms of Use:

 

13.1.1 view pages from our Site in a web browser;

 

13.1.2 print pages from our Site;

 

13.1.3 download pages from our Site;

 

13.1.4 stream audio and video files from our Site;

 

13.1.5 store, display on your electronic device, listen to and play material that we publish, broadcast on the Site or make available for download through the Site,

 

13.2 Except as expressly permitted by section 7.1 or other provisions of the Terms of Use, you must not download any material and/or Content from our Site or save any such material and/or Content to your electronic device.

 

13.3 You may only use our Site for your own personal, informational and / or non-commercial purposes and you must not use our Site for any other purposes.

 

13.4 Except as expressly permitted by the Terms of Use, you must not edit or otherwise alter or modify any material, information and/or Content or any other item of our Site.

 

13.5 Unless you own or control certain relevant rights in the said material and/or Content, you must not:

 

13.5.1 re-publish any material and/or Content;

 

13.5.2 sell, rent, license or sub-license any material and/or Content;

 

13.5.3 publicly screen any material and/or Content;

 

13.5.4 use or exploit any material and/or Content for a commercial purpose; or

 

13.5.5 redistribute any material and/or Content for any purpose.

 

13.6 Notwithstanding the provisions of section 12.5, you may only redistribute our newsletters or articles or case studies from our Site, in print and electronic form to any person that are intended for such purpose.

 

13.7 We reserve the right to restrict access to certain sections/ parts of our Site, or our entire Site as a whole, at our discretion. Pursuant to this section, you must not circumvent or evade, or attempt to circumvent or evade, any restriction of access measures on our Site.

 

14 Acceptable use

 

14.1 You must not:

 

14.1.1 use our Site or Content in any way or take any action that causes, or may cause, damage or impairment of the performance, availability, visibility or accessibility of the Site or the Content;

 

14.1.2 use our Site or Content in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

 

14.1.3 use our Site to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

 

14.1.4 conduct any systematic or automated data collection activities (including, without limitation to, scraping, data mining, extraction and data harvesting) on or in relation to our Site without our clear and express written consent;

 

14.1.5 access or otherwise interact with our Site using any robot, spider or other automated means;

 

14.1.6 use data collected from our Site for any direct marketing activity (including but without limitation to email marketing, SMS marketing, telemarketing and direct mailing);

 

14.1.7 use our Site or Content in any way that is false or misleading;

 

14.1.8 use our Site or Content in a way or take any action that is defamatory, degrading or derogatory of another;

 

14.1.9 use our Site in any way or take any action that violates or disrespects another person’s privacy or includes any copies of another person’s confidential, sensitive or personal data.

 

14.2 You must not use data collected from our Site to contact individuals, companies or other persons or entities.

 

14.3 You must ensure that all the information you supply to us through our Site, or in relation to our Site, is true, accurate, current, complete and non-misleading.

 

15 User details on Site

 

15.1 If you submit your application for a job at Casa Anjali through our Site, you are responsible to ensure that the information you submit (including but not limited to, your full name, email address, phone number, cover letter and curriculum vitae) is accurate, current and true.

 

15.2 If you submit any enquiry and or any other information on our Site, you are responsible to ensure that the information you submit (including but not limited to, your full name, email address, phone number and location) is accurate, current and true.

 

15.3 Our Privacy Policy sets out in detail how we will respect your privacy and how we will process your personal data collected via our Site (pursuant to section 14.1 and section 14.2 above). We advise you to read our Privacy Policy carefully before you submit an enquiry through our Site.

 

16 Your content: license

 

16.1 For the purpose of these Terms of Use, “your content” means all works, information and materials (including and without limitation to text, graphics, images, scripts, software and files) which are not “personal information” as defined and identified in our Privacy Policy, which you submit or forward to us or our Site for storage or processing by, or transmission via, our Site.

 

16.2 To the extent permissible by law, you grant to us a worldwide, perpetual, irrevocable, non-exclusive, royalty-free and fully sub-licensable license to use, reproduce, modify, store, adapt, publish, publicly perform, publicly display, broadcast, transmit, translate and distribute your content in any existing or future media and/ or in relation to the Site and/ or any successor website, for any purpose and in any form, medium or means of technology.

 

16.3 You grant to us the right to sub-license the rights licensed under section 16.2.

 

16.4 You grant to us the right to bring an action for infringement of the rights licensed under section 16.2.

 

16.5 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.

 

16.6 You may edit your content to the extent permitted using the editing functionality made available on our Site.

 

16.7 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

 

16.8 You hereby warrant that:

 

16.8.1 you have the authority and right to grant this license; and

 

16.8.2 Casa Anjali’s exercise of the rights granted pursuant to this license will not infringe or otherwise violate any third-party rights.

 

17 Your content and personal information: general rules applicable

 

17.1 You warrant and represent that your content and your personal information will comply with the Terms of Use.

 

17.2 Your content and your personal information must not be illegal or unlawful and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

 

17.3 Your content and your personal information, and the use of your content and your personal information by us in accordance with the Terms of Use, must not:

 

17.3.1 be libelous, untrue, inaccurate, misleading or maliciously false;

 

17.3.2 be obscene or indecent or not in good taste;

 

17.3.3 infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or any other intellectual property right;

 

17.3.4 infringe any ri

 

17.3.5 constitute negligent advice or contain any negligent statement;

 

17.3.6 constitute an incitement to commit a crime;

 

17.3.7 be in contempt of any court or in breach of any court order;

 

17.3.8 be in violation of racial or religious hatred or discrimination legislation;

 

17.3.9 be blasphemous;

 

17.3.10 be in breach of official secrets legislation;

 

17.3.11 be in breach of any contractual obligation owed to any person;

 

17.3.12 depict violence in an explicit, graphic or gratuitous manner;

 

17.3.13 consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;

 

17.3.14 constitute spam; and

 

17.3.15 be offensive, deceptive, racist, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory.

 

18 Limited warranties and Termination of use

 

18.1 To the extent permitted by applicable law, we do not warrant or represent:

 

18.1.1 the completeness, reliability or accuracy of the information published on our Site;

 

18.1.2 that the material or Content on the Site is up to date;

 

18.1.3 that the Site or any service on the Site will remain available;

 

18.1.4 to monitor the Site or screen the Content that is shared or submitted on or through the Site, notwithstanding the fact that we reserve the right to review the Site and Content and to monitor all use of and activity on the Site and to remove or choose not to make available on or through the Site any Content in our sole discretion;

 

18.1.5 that the Site or Content therein will meet your requirements;

 

18.1.6 that the Site will be available on an uninterrupted, timely, secure or error-free basis; and

 

18.1.7 that the quality of any information or Content, viewed, read or obtained by you on or through the Site will meet your expectations.

 

18.2 We reserve the right at any time without notice or explanation at our sole discretion, to discontinue or modify any or all of our Site Services, to stop publishing our Site, to discontinue providing or limit access to the Site and to discontinue or modify or stop publishing any material or Content on our Site.

 

18.3 To the extent expressly provided otherwise in this Terms of Use, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any Site Services, or if we stop publishing the Site.

 

18.4 To the maximum extent permitted by applicable law and subject to section 17.1, we exclude all representations and warranties relating to the subject matter of the Terms of Use, our Site and the use of our Site and we expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties regarding merchantability, fitness for a particular purpose and non-infringement with respect to the Site all Content provided on or through the Site.

 

18.5 We may at our sole discretion terminate or limit your access to or use of the Site if we determine that you have infringed the copyrights of a third party.

 

18.6 We may remove Content that is confidential and/ or proprietary to a third party without that third party’s permission.

 

18.7 Except where expressly provided otherwise, the Site and all Content provided on or through the Site, are provided on an “as is” and “as available” basis.

 

19 Limitations and exclusions of liability

 

19.1 Nothing in the Terms of Use will:

 

19.1.1 limit or exclude any liability for death or personal injury resulting from negligence;

 

19.1.2 limit or exclude any liability for fraud or fraudulent misrepresentation;

 

19.1.3 limit any liabilities in any way that is not permitted under applicable law; or

 

19.1.4 exclude any liabilities that may not be excluded under applicable law.

 

19.2 The limitations and exclusions of liability set out in this section 18 and elsewhere in these terms and conditions:

 

19.2.1 are subject to section 18.1; and

 

19.2.2 govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

 

19.3 To the extent that our Site and the information and Services on our Site are provided free of charge, we will not be liable to you for any direct, indirect, incidental, special or consequential loss or damage of any nature.

 

19.4 We will not be liable to you in respect of any direct, indirect, incidental, special or consequential losses arising out of any event or events beyond our reasonable control.

 

19.5 We will not be liable to you in respect of any direct, indirect, incidental, special or consequential business losses, including (without limitation to) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

 

19.6 We will not be liable to you in respect of any direct, indirect, incidental, special or consequential loss or corruption of any data, database or software.

 

19.7 You hereby acknowledge and accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

 

20 Breaches of the Terms of Use and Indemnity

 

20.1 Without prejudice to our other rights under the Terms of Use, if you breach the Terms of Use in any way, or if we reasonably suspect that you have breached the Terms of Use in any way, we may at our sole discretion:

 

20.1.1 send you one or more, formal warnings;

 

20.1.2 temporarily suspend your access to our Site;

 

20.1.3 permanently prohibit you from accessing our Site;

 

20.1.4 block computers or other electronic devices using your IP address from accessing our Site;

 

20.1.5 contact any or all of your internet service providers and request that they block your access to our Site;

 

20.1.6 commence legal action against you, whether for breach of contract or otherwise; and/or

 

20.2 In any event that we may suspend or prohibit or block your access to our Site or a section of our Site, you must not take any action to circumvent such suspension or prohibition or blocking.

 

20.3 You hereby confirm and agree to indemnify and hold Casa Anjali (including our officers, directors, employees, agents, contractors and clients) harmless from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorney’s fees and costs, due to or arising out of Content or information that you share/ submit/ provide to us, your violation of these Terms of Use or any other or additional rules, regulations, guidelines or terms of use posted for a specific section of the Site or Content provided on or through the Site or your violation or infringement of any third party rights, including intellectual property rights.

 

21 Waiver and Severability

 

21.1 If a provision of the Terms of Use (including provisions in relation to certain disclaimers and/ or exclusion or limitation of certain warranties and/ or liabilities) is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

 

21.2 If any unlawful and/or unenforceable provision of these Terms of Use would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

 

21.3 If any part or provision of these Terms of Use is found to be unenforceable, such part or provision may be modified or adjusted to make the Terms of Use as modified legal and enforceable.

 

21.4 Our failure or omission to exercise or enforce any rights or provisions in these Terms of Use shall not constitute a waiver of such right or provision.

 

22 Third party rights

 

22.1 An agreement under these Terms of Use is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

 

22.2 The exercise of our and your rights under a contract under these Terms of Use, is not subject to the consent of any third party.

 

22.3 The Site provides links to websites and access to content, products and services of third parties.

 

22.4 We are not responsible for third party content provided on or through the Site or for any modifications or updates to such third-party sites and you bear all risks associated with the access to, or use of, such websites and third-party content, products and services.

 

23 Entire agreement

 

Subject to section 19.1, these Terms of Use, together with our Privacy Policy and Cookies Policy, shall constitute the entire agreement between you and us in relation to your use of our Site and shall supersede all previous agreements between you and us in relation to your use of our Site.

 

24 Law and jurisdiction

 

24.1 These Terms of Use shall be governed by and construed in accordance with the laws of the Costa Rica and also rules and regulations that are applicable to said premises.

 

24.2 Any disputes, claims or obligations (whether contractual or non-contractual) arising out or in connection with it or its subject matter or formation shall be governed by the laws of Costa Rica and subject to the non-exclusive jurisdiction of the courts of the Costa Rica.

25 Our contact details

 

25.1 This website is operated by Everty Services Limitada.

 

25.2 You can contact us:

 

25.2.1 by post, using the postal address given above and the addresses published on the Site;

 

25.2.2 using our Contact Us section on our Site;

 

25.2.3 by telephone, on the contact number published on our Site; or

 

25.2.4 by email, using the email address published on our Site.

 

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