Terms and Conditions
"We/Us/Company/Uptown” means Esarcee Hospitality & Entertainment and Uptown Hospitech Pvt. Ltd. and any other firm/company/LLP formed under Uptown” and the Websites www.uptownhostels.com and www.uptownliving.in
Uptown Hospitech Pvt. Ltd. is a company registered in India having its registered office at R.G. Baruah Road, Guwahati 781024, Assam and uses the brand names “Uptown Smart Hostels” and the logos published in the Website and marketing materials (Digital and Printed) as per the brand sharing agreement between Asthaa Infra Lifestyle Pvt. Ltd. and Uptown Hospitech Pvt. Ltd.
Esarcee Hospitality & Entertainment is a Partnership Firm registered in India having its registered office at Mother Teresa Road, Guwahati – 781024, Assam and owns the brand name and “Travelvista India” and uses the brand names “Uptown Smart Hostels” and the logos published in the Website and marketing materials (Digital and Printed) as per the brand sharing agreement with Asthaa Infra Lifestyle Pvt. Ltd. the logo published in the Website and marketing materials (Digital and Printed). It has leased the brand “Uptown Hostels” from Asthaa Infra Lifestyle Pvt. Ltd. for operation under its umbrella and has sole authority of trading and carrying out financial transactions under the brand name “Uptown Hostels” for a period of 3 years from April 1, 2021 to March 31, 2024.
Astha Prakashan is a proprietorship firm registered in India having its registered office at R. G. Baruah Road, Guwahati 781024, Assam and owns the brand names “Swasthya Aru Dirghajeevan”, “Gyankosh”, “Gyanoday”, “Aitar Diha” and the logos published in the Website and marketing materials (Digital and Printed).
"You"/"Client" means the person/persons/company/institution or anybody, in whose name or on whose behalf any business relation is established with us.
Please read these carefully. They set out the Terms & Conditions of the Agreement between You and Uptown, where, if we are acting as principal OR with our supplier where we are acting as an Agent.
Relationship between Company and Client: Where you have purchased or availed service sourced from different supplier; any liability for defective services, death, injury or illness caused by either the negligence of the supplier, its agents or subcontractors or otherwise will not be liability of Uptown and will require you to claim against the supplier of the service concerned.
Your relationship with Uptown and whether we are a principal in direct contract with you, or the agent of another party will depend on what you buy; these terms are defined below and separate terms and conditions apply to each type of project/assignment:
1. Service offered by Uptown: This is where you availed through us a service or project which is put together by us as a pre arranged combination and sold or offered for sale or rent or lease at an inclusive price. If we have sold/leased/rented or offered to sell/lease/rent a project or service to you then the following Conditions will apply.
1.1. Your Service / Project Contract: When you enter into a service / project contract you guarantee that you have the authority to accept and do accept on behalf of your party the terms of these conditions. If you are entering into a contract for a group/company/firm/LLP you are ultimately responsible for paying the service / project invoice, even though by booking on behalf of the group/company/firm/LLP, you are representing that each member of the group/company/firm/LLP accepts that they are bound by this contract. A contract will exist as soon as it is signed and sealed by both parties and/or any advance payment is received and/or we issue our confirmation invoice. This contract is made on the terms of these conditions and (the both the parties) we both agree to submit to the exclusive jurisdiction of the appropriate Courts situated at Guwahati, Assam, India. You should also refer to our website for any updated information or changes concerning your service/project that may have occurred since you entered into the contract and where these conditions are also available.
2. Outsources Services (Applicable to activities outsourced by Uptown):
2.1 Direct contract with the vendors/suppliers: If you purchase a Outsourced service or Activity (which will be explicitly mentioned in the contract) you will enter a direct contract with the vendor/supplier and their Terms and Conditions will apply to your booking. They will advise you to the extent of their liability for the performance of the services/activities and claims occurring during your contract period.
2.2 Liability of your service/project: Uptown acts solely as the Agent for the vendor/supplier who has organized your service/activity from the vendor/supplier. Accordingly Uptown has no liability for the performance of your service/activity which are matters entirely between you and the vendor/supplier and their conditions.
2.3 Service Conditions: All service conditions for our featured vendors/suppliers are available from us on request but will usually be available to you in the vendor/supplier brochure or on their website.
3. Architects & Structural Engineers: Uptown does not directly employ Architects and Structural Engineers of its own. It has tied up with many service providers in order to provide a comprehensive choice of service providers and prices to customers.
4. Contract Conditions: Please read carefully and understand the contents of the project/service proposal, the ‘Terms and Conditions’, timelines, Price Grid and such other documents as may be applicable, as all these will form part of your contract with us. Anything that is explicitly not mentioned in the inclusions and optional as suggested in the proposal, are not a part of this service/project Scope of Work. Images shown in the proposal are for illustration purpose only and may not be the same as linked to the scope of services provided. Manpower mentioned in the proposal are subject to availability. We shall be in our right to change the manpower of similar or higher category as mentioned in the proposal. All rates mentioned are indicative only and are subject to change without prior notice.
4.1. Acceptance of terms: To avail the service, Company may require you to tick on check box of Agree with the terms & conditions, tick marking on the checkbox means that you have read and understood the terms and conditions. Upon accepting our proposal and on payment of the prescribed non-refundable/refundable interest-free advance amount, a binding contract shall come into existence.
4.2. Proper representation: Company advises you to ensure, before availing any service from us, that you have and / or you will be able to provide all the required valid and genuine documents and your professional qualifications.
4.3. Documentation required: Please go through the Website and check from our staff to ascertain the required documentation.
4.4. Change in price: We reserve the right to alter the prices of any of the service/activity we have mentioned in the proposal. You will be advised of the current rate of the service/activity that you wish to avail from us. Please see our websites at www.Uptown.com and www.travelvistaindia.com or call our client relationship manager or email us at for our latest pricing indications and for the latest updates on the Scope of Work of your selected service/activity and information about the transportation and other services. Goods and Service Tax or any other taxes that may apply will be charged extra.
4.5. Payment on time: If for any reason we are not paid on time even after repeated requests, our service shall be deemed as cancelled by you, and we shall cancel your work arrangements.
4.6. Changes in Cost: Changes in costs such as fuel, duties taxes or fees chargeable for services, exchange rates, cost of material would mean that the price of your service may change. The amount of change will be communicated to you well in Advance. However there will be no change if the project duration is 30 days from agreement.
4.7. Mode of payment: Payments to us are usually required by NEFT/RTGS/Cheque/Demand Draft/Credit/Debit Card/SWIFT TRANSFER. For payment by Credit or Debit Card you undertake to us that you are at least the age of 18 years and have the authority to use the card or billing account details you provide to us for the purpose of settling any payments you owe to us for the services to be provided to yourself and those other persons named on the booking on whose behalf you are legally entitled to act. Please refer to our Privacy Policy for details of our security arrangements for card and other payment data and the manner in which we keep your personal data.
4.8. Force Majeure: This means that we will not pay you compensation if we have to cancel or change your service / project in any way because of unusual or unforeseeable circumstances beyond our control. These can include, for example, war, riot, industrial dispute, terrorist activity and its consequences, natural or nuclear disaster, fire, adverse weather conditions, epidemics and pandemics, unavoidable technical problems with transport. Whilst we will always offer assistance to our customers to ensure the project completion within stipulated timeframe, we are not responsible for any additional costs or expenses incurred due to the consequences of the Force Majeure. We reserve the right to change or cancel the service / project as conditions may require.
4.9. Refunds: No refund shall be processed if the service/project is cancelled midway by the client or cancelled due to force majeure.
5. Jurisdiction: In the event of a dispute arising out of or relating to this contract, including any question regarding its existence, validity or termination, the parties shall first seek settlement of that dispute by mediation in accordance with the applicable rules. The Mediator shall be appointed by Uptown. If the dispute is not settled by mediation within thirty (30) days of the appointment of the mediator, or such further period as the parties shall agree in writing, then the dispute shall be settled in accordance with the Arbitration and Conciliation Act, 1996 by a sole Arbitrator to be appointed by Uptown. The Arbitration proceedings should be held in Guwahati, Assam. The arbitrator's decision shall be final and binding on both parties. In case of any dispute concerning the award the courts in Guwahati alone shall have exclusive jurisdiction. This contract will be governed by Indian law. You agree that in the event of a dispute or difference between the parties the exclusive jurisdiction shall vest in the competent court / forum / tribunal in Guwahati only.
6. Privacy of Information: We try to maintain the privacy of the personal information provided by you. However, it would be necessary for us to share this information with Consulates, Embassies, Hotels and other service providers who would be providing you service during the tour. We would also be constrained to disclose such information if we receive an order of the court, a requisition from any government or statutory authority, subpoena, or under any law, rules or regulations, such disclosure becomes necessary. You agree to let us photograph and / or videograph the tour and specifically you agree to let us photograph and / or videograph you in the course of the tour. You consent to any such pictures being taken and agree that you hereby grant a perpetual, royalty-free, worldwide, irrevocable license to Uptown, its affiliates and assigns, to reproduce for any purpose whatsoever (including marketing and promotions), in any medium whatsoever, whether currently known or hereinafter devised, without any further obligation to you or compensation payable to you. You agree and accept that all such photographs and / or videgraphs and statistics are our absolute property of Uptown and we have the unrestricted right to use them for any legitimate purposes including advertisement and commercial purposes. Further, you agree that if you share with us any photographs and / or videographs taken by you during the tour, we would be free to publish such photographs and / or videographs through all media including print media, websites, letters, emails etc.
It is recommanded that you go through the terms of use and privacy policy
8. Amendments and Severability: The latest Terms, as amended, may be accessed any time on Uptown’s website at, or will be sent to Client upon their written request to Uptown. If any provision of these Terms is found to be so broad as to be unenforceable, such provision shall be interpreted to be only so broad as is enforceable. The invalidity or unenforceability of any provision hereof shall in no way affect the validity or enforceability of any other provision.
9. Interpretation: As to the interpretation of the aforesaid terms and conditions, our decision shall be final and binding upon you. We reserve the right to change the Terms & Conditions any time without any prior notice
TERMS OF USE
This "Terms of Use" applies to the entire contents of the Website under the domain name www.Uptown.com and to any correspondence by e-mail between you and us. Please read these terms carefully before using the Website. Using the Website indicates that you accept these terms regardless of whether or not you choose to register with us. If you do not accept these terms, do not use the Website. This notice is issued by the Company.
1. Introduction:
1.1. You may access most areas of the Website without registering your details with us. Certain areas of the Website are only open to you if you register.
1.2. By accessing any part of the Website, you shall be deemed to have accepted this legal notice in full. If you do not accept this legal notice in full, you must leave the Website immediately.
1.3. The Company may revise this legal notice at any time by updating this posting. You should check the Website from time to time to review the then current legal notice, because it is binding on you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at the Website.
2. License:
2.1. You are permitted to print and download extracts from the Website for your own use on the following basis:
No documents or related graphics on the Website are modified in any way
No graphics on the Website are used separately from the corresponding text
The Company's copyright and trademark notices and this permission notice appear in all copies.
2.2. Unless otherwise stated, the copyright and other intellectual property rights in all material on the Website (including without limitation photographs and graphical images) are owned by the Company or its licensors. For the purposes of this legal notice, any use of extracts from the Website other than in accordance with clause 2.1 for any purpose is prohibited. If you breach any of the terms in this legal notice, your permission to use the Website automatically terminates and you must immediately destroy any downloaded or printed extracts from the Website.
2.3. Subject to clause 2.1, no part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without the Company's prior written permission.
2.4. Any rights not expressly granted in these terms are reserved.
3. Service Access
3.1. While the Company endeavours to ensure that the Website is normally available 24 hours a day, the Company shall not be liable if for any reason the Website is unavailable at any time or for any period.
3.2. Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Company's control.
4. Visitor Material and Conduct
4.1. Other than personally identifiable information, which is covered under our Privacy Policy, any material you transmit or post to the Website shall be considered non-confidential and non-proprietary. The Company shall have no obligations with respect to such material. The Company and its designers shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes
4.2. You are prohibited from posting or transmitting to or from the Website any material:
that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience
or which you have not obtained all necessary licences and/or approvals
or which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world
or which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
4.3. You must not misuse the Website (including, without limitation, by hacking).
4.4. The Company shall fully co-operate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or locate anyone posting any material in breach of clause 4.2 or clause 4.3.
5. Links to and from Other Websites
5.1. Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. The Company has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. The Company therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.
5.2. If you would like to link to the Website, you may only do so on the basis that you link to, but do not replicate, the home page of the Website, and subject to the following conditions:
• You do not remove, distort, or otherwise alter the size or appearance of the Uptown and Travelvista India logos•
• You do not create a frame or any other browser or border environment around the Website
• You do not in any way imply that the Company is endorsing any products or services other than its own
• You do not misrepresent your relationship with the Company nor present any other false information about the Company
• You do not otherwise use any Uptown and Travelvista India trademarks displayed on the Website without express written permission from the Company
• Your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other
• You do not link from a website that is not owned by you rights of any other person or otherwise does not comply with all applicable laws and regulations
5.3. The Company expressly reserves the right to revoke the right granted in clause 5.2 for breach of these terms and to take any action it deems appropriate
5.4. You shall fully indemnify the Company for any loss or damage suffered by the Company
6. Registration
6.1. Each registration is for a single user only. The Company does not permit you to share your user name and password with any other person nor with multiple users on a network.
6.2. Responsibility for the security of any passwords issued rests with you.
7. Payment Security and Credit and Debit Cards
7.1. Your registration with us enables you to transact online and to purchase services / travel products and services offered by us including holidays, flights and hotels
7.2. We do not store credit or debit card details on our systems - for further information please see our Privacy Policy
8. Disclaimer
8.1. While the Company endeavours to ensure that the information on the Website is correct, the Company does not warrant the accuracy and completeness of the material on the Website. The Company may make changes to the material on the Website, or to the products and prices described in it, at any time without notice. The material on the Website may be out of date, and the Company makes no commitment to update such material.
8.2. The material on the Website is provided "as is", without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, the Company provides you with the Website on the basis that the Company excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which, but for this legal notice, might have effect in relation to the Website
9. Liability
9.1. The Company, any other party (whether or not involved in creating, producing, maintaining or delivering the Website), and any of the Company's group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Website in any way or in connection with the use, inability to use or the results of use of the Website, any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or your downloading of any material from the Website or any websites linked to the Website.
9.2. Nothing in this legal notice shall exclude or limit the Company's liability for:
• Death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977
• Fraud
• Misrepresentation as to a fundamental matter
• Any liability which cannot be excluded or limited under applicable law
9.3. If your use of material on the Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
