AGREEMENT BETWEEN CUSTOMER AND ASTA HOTELS AND RESORTS ("ASTA"), ITS PARENT COMPANY, SUBSIDIARIES, AFFILIATES, ALL OTHER MEMBER HOTELS UNDER THE MANAGEMENT/OPERATION /CONTROL OF ASTA AND ASTA'S LICENSEES.
This Web site is offered to you, the customer, conditional on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of this Web site by your visiting this Web site constitutes your agreement to all such terms, conditions, and notices and you are thereby bound by all such terms, conditions and notices.
PERSONAL AND NONCOMMERCIAL USE LIMITATION
This Web site is for your personal perusal and search for information purposes only. You are not permitted to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, digital assets, software, products or services found on, or obtained or derived from, this Web site directly or indirectly.
COPYRIGHT AND TRADEMARK NOTICE
All contents of this Web site are the copyrighted property of Asta, its member hotels under its management or operation or control, its parent company, subsidiaries, affiliates and/or licensees. All contents of this Web site are protected by the relevant laws of the People's Republic of China, including but without limitation to the copyright laws, and are also protected by the relevant international copyright laws.
Copyright ©2009. Asta Hotels and Resorts, 28 Fumin Road Futian District Guangdong China. All rights reserved.
All the trade marks of Asta, its parent company, subsidiaries, affiliates or the member hotels under its management or operation or control or its licensees are all protected and all rights attached to all those trade marks are fully reserved.
The name known as "Asta Hotels and Resorts" is a trade name involved in the hotel business around the world. Trademarks owned by a Asta Hotels and Resorts company are not permitted to be used or displayed publicly without the prior written permission of the owner of the marks, except for downloaded logos and photographs as provided for elsewhere on this site.
The materials found on this website are provided purely on "as is" basis without any warranty, representation, condition, undertaking or term of any kind, express or implied, statutory or otherwise, including but without limitation to the warranties of merchantability, non-infringement of intellectual property, or fitness for a particular purpose.
Asta its parent company, subsidiaries, affiliates and the member hotels under its management or operation or control and its licensees do not warrant the correctness or accuracy or completeness of any information, text, graphics, links or any other items or anything else contained in the materials. Asta, or its parent company, subsidiaries, affiliates or the member hotels under its management or operation or control or its licensees may make changes to the materials, or the programs, policies or other information described in any of the materials, at any time without notice. Asta, its parent company, subsidiaries, affiliates and the member hotels under its management or operation or control and its licensees make no commitment to update the materials. Asta, its parent company, subsidiaries, affiliates or the member hotels under its management or operation or control or its licensees shall not be liable for typographical or data transmission errors or technical inaccuracies in the materials, including but not limited to errors relating to hotel rates and available dates.
In no event shall Asta, its parent company, subsidiaries, affiliates or the member hotels under its management or operation or control or its licensees be liable for any special, indirect or consequential damage or any damage whatsoever, including but not limited to the loss of profits or data, whether in an action in contract or tort or otherwise, arising out of the use or performance of this Web site, even if Asta, or its parent company, subsidiaries, affiliates or the member hotels under its management or operation or control or its licensees has/have been advised of the possibility of such damage.
NO ILLEGAL OR UNLAWFUL OR PROHIBITED USE
As a condition of your use of this Web site, you warrant that you will not use this Web site for any purpose that is illegal or unlawful or prohibited by these terms, conditions, and notices or the laws of the People's Republic of China.
LINKS TO THIRD-PARTY SITE
Please note that our site may provide links to other sites not operated by Asta or its parent company, subsidiaries, affiliates or the member hotels under its management or operation or control or its licensees and that the privacy policies of those sites may differ from ours. We advise you to check the privacy policies of other Web sites before disclosing any personal information. In any event, please note that those sites do not share your personal information with us. Asta, its parent company, subsidiaries, affiliates or the member hotels under its management or operation or control or its licensees shall not be responsible for any of the contents of those sites and any links we may offer does not imply endorsement of the material on such Web sites or any association with their operators.
CHANGES TO THIS AGREEMENT
Asta, or its parent company, subsidiaries, affiliates or the member hotels under its management or operation or control or its licensees may at any time in its sole discretion modify the terms of access to this Site without prior notice to or consent of you. Your continued use of the Site following any such modification shall be deemed acceptance of such modification and you are thereby bound by all such modification.
This Agreement shall be governed and interpreted in all respects by the laws of the People's Republic of China, exclusive of the choice of law rules thereof. The Courts/ Tribunals of the People's Republic of China shall have the non-exclusive jurisdiction over any difference or dispute arising out of this Agreement in any respect and shall also have the non-exclusive jurisdiction over any claim or enforcement of this Agreement in any respect.
Notwithstanding the aforesaid, Asta, its parent company, subsidiaries, affiliates or the member hotels under its management or operation or control or its licensees shall have the right to submit any such difference or dispute or claim or enforcement to any other jurisdiction. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior oral and written agreements. No failure or delay on the part of Asta, or its parent company, subsidiaries, affiliates or the member hotels under its management or operation or control or its licensees in exercising any right or remedy hereunder or enforcing the terms and conditions of this Agreement will operate as a waiver thereof. If any part or provision of this Agreement is found to be invalid, unenforceable or void, then the remaining portion shall remain in full force and effect. Headings are for convenience only and not for use in interpretation of this Agreement.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Asta or its parent company, subsidiaries, affiliates or the member hotels under its management or operation or control or its licensees or any other Asta Hotels and Resorts company as a result of this Agreement or use of this Web site.
Fictitious names of companies, products, people, characters, and/or data wherever mentioned herein are not intended to represent any real individual, company, product, or event.
Any rights not expressly granted herein are reserved.
USE OF THE WEB SITE
The reservations feature of this Web site is provided solely to assist customers in determining the availability of travel-related goods and services and to make legitimate reservations and for no other purposes. You warrant that you are at least 18 years of age and possess the legal authority to enter into this Agreement and to use this Web site in accordance with all terms and conditions herein. You agree to be financially responsible for all of your use of this Web site (as well as for use of your account by others, including without limitation minors living with you). You agree to supervise all usage by minors of this Web site under your name or account. You also warrant that all information supplied by you or members of your household in using this Web site is true and accurate and without limitation, or any false or fraudulent reservation. You agree that the reservations of any of the facilities of this Web site shall be used only to make legitimate reservations or purchases for you or for another person for whom you are legally authorized to act. You understand that overuse or abuse or misuse of the reservation facilities of this Web site may result in your being denied access to such facilities.
For any reservations or other services for which fees may be charged, you agree to abide by the terms or conditions of purchase imposed, including but not limited to payment of all amounts when due and compliance with all rules and restrictions regarding availability of rates, products, or services. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of this Web site.
Currency rates are based on publicly available sources and should be used as guidelines only. Room rates are guaranteed only in hotel's local currency. Currency quotes are not updated every day. The currency information supplied by this Web site is believed to be accurate, but Asta, its parent company, subsidiaries, affiliates, the member hotels under its management or operation or control and its licensees do not warrant or guarantee such accuracy.
Asta Hotels & Resorts Online Privacy Statement
We, Asta Hotels & Resorts,(hereinafter referred to as either "we" or "us" or "our" or "Asta Hotels & Resorts") respect the privacy of all its customers and business partners, and treats personal information (personal data) provided by you as confidential. We know that you are concerned how information about you is collected, used and stored, and we appreciate your trust that we will do so with every due care and diligence in accordance with all the relevant laws of the People's Republic of China.
We have provided this Privacy Statement as an explanation of the information we collect, how we use it, and how the use of this information can benefit your experience on our web sites. Please take a moment to read the sections below.
The following is a list of the trademarks / brand names under Asta Hotels & Resorts and their associated websites covered in this document:
- Asta Hotel
- 5 Spice
- MING Lounge + Sweets
Types of information we collect:
We may request information in several areas of our website, including but not limited to, when you:
- use our Online Reservations, newsletter subscription and brochure request;
- submit enquiries and feedback forms;
- response to different types of communications (e.g. Surveys, promotional offers, or reservation confirmations).
- submit a job application.
We endeavor to collect information strictly in accordance with this Privacy Statement. The types of personally identifiable information (hereinafter collectively referred to as either "the Data" or "personal data") that we collect may include but not be limited to:
- Personal Identification Data
- E-mail address
- Telephone Number
- Fax Number
- Credit card information including name of cardholder, credit card number, credit card billing address and expiry date
- Lifestyle information such as room preferences, leisure activities, names and ages of children, and other information necessary to fulfill special requests
- Any other relevant information for any of the purposes as mentioned herein below
We may also collect non-personally identifiable information about you, such as your use of our websites, communication preferences, travel habits, aggregated data relative to your stays, and responses to promotional offers and surveys.
Purpose For Collection, Processing, and Disclosure: The Data you provided may be collected and used by Asta Hotels & Resorts for one or more of the following purposes:
- Providing services such as processing a transaction (e.g. making a reservation, fulfilling a request for information, or completing a product order):
- For marketing purposes, such as sending you updates on our latest promotions, including joint- and cross promotions with our business partners;
- Performing market research via surveys to better serve your needs, improve the effectiveness of our website, your hotel experience, our various types of communications advertising campaigns, and/or promotional activities:
- For identification and verification purposes;
- When required or authorized by or under any law or any court order or any law enforcement agent or authority or any other government authority organization or body to disclose the information:
- Disclosing any of the Data to any third party either in China or overseas if the disclosure is necessary for or directly related to any of the above purposes;
- or any other purpose, which is either necessary for or directly related to any of the above purposes.
Asta Hotels & Resorts safeguards the privacy and security of personal data of every visitor, user and customer to our website.
To maintain the accuracy of the Data, as well as preventing from unauthorized access and ensuring the correct use of the Data, we have carried out appropriate physical, electronic and managerial measures to safeguard and secure the Data we collect online.
The website has a firewall in place, which is devised and set up to protect the Data collected from you against unauthorized or accidental access. However, complete confidentiality and security is not yet possible over the Internet, and thus, absolute privacy cannot be assured in your communications to us. You acknowledge that personal information is disclosed at your own risk, and may be subject to unauthorized use by others. This may result in you receiving unsolicited messages from other parties. We are not responsible in any manner for direct, indirect, special or consequential loss or damage, howsoever caused arising out of the communication of information to us.
Cookies To enhance your experience on our web site, some of our web pages may use "cookies." Cookies are text files that we place in your computer's browser to store your preferences. Cookies, by themselves, do not tell us your e-mail address or other personally-identifiable information unless you choose to provide this information to us by, for example, registering for one of our services. However, once you choose to furnish the site with your personally-identifiable information, this information may be linked to the data stored in the cookie.
Links to Other Sites
In order to anticipate your needs, Asta Hotels & Resorts provides links to other web sites for your convenience and information. Asta Hotels & Resorts is not responsible or liable for any content presented by or contained on any independent web site, including, but not limited to, any advertising claims or marketing practices. Please note that while Asta Hotels & Resorts will protect your information on Asta Hotels & Resorts owned and operated web sites, we cannot control and will not be responsible for the privacy policies of third party web sites, including web sites owned or controlled by independent franchisees, third party owners of hotel, resort, interval ownership, or residence properties that may use the name of a Asta Hotels & Resorts brand, or web sites not controlled or authorized by Asta Hotels & Resorts. Third party web sites that are accessed through links on our web sites have separate privacy and data collection practices, and security measures. We have no responsibility or liability for the practices, policies and security measures implemented by third parties on their web sites. For the sake of protecting your personal data, we strongly recommend you to contact them to ask questions about their privacy practices, policies and security measures before disclosing any personally identifiable information. We also strongly recommend that you review the privacy statements and policies of linked web sites to understand how those web sites collect, use and store information.
You always have ultimate choice on the information you would like to receive from us. We will occasionally send you E-mail updates about our latest products and services, as well as special offers to those who subscribe to such services. Should you decide not to receive any E-mail updates from us, feel free to unsubscribe to these services or please e-mail us to remove you from the subscription list. If you have any queries or comments concerning our privacy and security matters, please e-mail us.
You are entitled to (i) ascertain from us our policies and practices in relation to personal data; (ii) be informed by us of the kind of personal data of you held by us ; and (iii) be informed by us of the main purpose(s) for which your personal data are held by us or are used or are to be used by us.
Access to the Data
You are also entitled to :
- ascertain from us whether we hold any of your personal data;
- request access to your personal data, if any held by us -
- within a reasonable time,
- at a fee to be charged by us,
- in a reasonable manner, and
- in an intelligible form;
- be given reason(s) if your request in
- above is refused by us;
- object to our refusal referred to in (c) above;
- request the correction of any of your personal data, if any held by us;
- be given reason(s) if your request in
- above is refused by us; and
- object to our refusal referred to in (f) above.
In addition to our rights of disclosure as mentioned hereinabove, we may also disclose the Data when required by law or court order, or as requested by other government or law enforcement authorities, or in the good faith that disclosure is otherwise necessary or advisable including and without limitation to protect the rights or properties of Asta Hotels & Resorts. This also applies when we have reason to believe that disclosing the Data is necessary to identify, contact or bring legal action against someone who may be causing interference with our rights or properties, whether intentionally or otherwise, or when anyone else could be harmed by such activities.
The information and material contained in this site are for general references only. Asta Hotels & Resorts disclaims any warranty or representation of any kind, express or implied, as to any matter whatsoever relating to this site or any linked site. To the fullest extent allowed by law, Asta Hotels & Resorts shall accept no responsibility or liability in respect of any loss or damage howsoever arising.
Use of or visit this site does not constitute any binding contract over any goods and services provided by Asta Hotels & Resorts, nor does it constitute an offer of any goods and services provided by Asta Hotels & Resorts. Goods and services may only be available in certain countries and any offer to purchase goods or to retain services from Asta Hotels & Resorts are subject to acceptance by Asta Hotels & Resorts and in accordance with specific terms and conditions on which they are offered.
Copyright and Trademark Notices
All contents of this website are: ?2009 ASTA HOTELS & RESORTS.28 Fumin Road Futian District Shenzhen Guangdong China. All rights reserved. Asta Hotels & Resorts and Asta Hotels & Resorts' branded websites logo are registered trademarks or trademarks of Asta Hotels & Resorts. Other products and company names mentioned herein may be the trademarks of their respective owners.
Asta Hotels & Resorts' branded websites may contain or reference trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes or other intellectual property or proprietary rights of Asta Hotels & Resorts' and/or other parties. No license to or right in any such trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes and other intellectual property or proprietary rights of Asta Hotels & Resorts and/or other parties is granted to or conferred upon you.
Applicable Law and Jurisdiction
This Privacy Statement shall be governed and construed in all respects by the laws of the People's Republic of China and any inconsistency or dispute arising out of or in connection with this Privacy Statement in any respect shall be submitted to the non-exclusive jurisdiction of the Courts/Tribunals of the People's Republic of China for adjudication.
Amendments or Updates to the Privacy Statement:
Asta Hotels & Resorts reserves full rights to amend or update this Privacy Statement unilaterally from time to time as it sees fit or necessary to meet any change in any of the relevant laws or the regulatory environment, or business needs, or to satisfy the needs of our guests, properties, strategic marketing partners, and service providers or to meet any other purposes. Updated versions will be posted to our web site and date provided so that you are always aware of when the Privacy Statement was last updated. The whole contents of this Privacy Statement will then be construed accordingly in conjunction with such amended or updated versions.