In terms of Information Technology statutes, this document is an electronic record. Being generated by a computer system it does not require any physical or digital signatures.
You must read, agree with and accept all of the terms and conditions contained in this Agreement in order to use our website located at www.Luxurystays.in (the "Website")
The website www.Luxurystays.in (hereinafter referred to as "Luxurystays”), owned by Spherical Getaways Registered address : 110,D Reilly Compound , Coonooor 2. where such expression shall, unless repugnant to the context thereof, be deemed to include its respective legal heirs, representatives, administrators, permitted successors and assigns;
We hold the sole right to modify the Terms of Service without prior permission from You or providing notice to You. The relationship creates on You a duty to periodically check the Terms of Service and stay updated on its requirements. If You continue to use the Website or avail any of its services without registration following such change, this is deemed as consent by You to the so amended policies. Your continued use of the Website is conditioned upon your compliance with the Terms of Service, including but not limited to compliance with the Terms of Service even after alterations, if any.
"We", "Us", "Our", “Luxurystays” shall mean the Website/the portal or the Company.
“Agreement” shall mean and refer to this Terms of Service, including any amendments that may be incorporated into it.
"You" or "User" shall mean any natural or legal person who has agreed to become a user of the Luxurystays by signing up to the Website. The Luxurystays also provides certain services without registration/acceptance, and such provision of services does not absolve You of this contractual relationship.
"Customer" shall mean any User who shall utilize Luxurystays to request for obtaining on rent any Villa being given out by the House Owner. From time to time, Luxurystays may act as a Customer, and the terms and conditions of this Agreement applicable to Customers will apply to Luxurystays when acting in this way.
"House Owner" or “Owner” means any enterprise or individual User utilizing Luxurystays to give out on rent their Villas to Customers.
“Third Party” shall mean and refer to any individual(s), enterprise or entity apart from the Users and Luxurystays.
"Services" shall mean and refer to the services offered on the site including but not limited to offering listings on the Website for the Owners to give out their Villas on rent to the Customers.
“Party’ & ‘Parties” shall respectively be used to refer to the User and the Company individually and collectively, as the context so requires.
The headings of each section in this Agreement are only for the purpose of organising the various provisions under this Agreement in an orderly manner. These headings shall not be used by either party to interpret the provisions contained under them in any manner. Further, the headings have no legal or contractual value.
Luxurystays is an online platform Customers may utilize the platform to book any villa being given on rent by the respective villa owners for an amount decided by the villa owner. The Customers may choose which villa they wish to occupy on rent and for what duration and accordingly make the booking for this villa. An amount shall be paid by the Customer to the villa owner as a security deposit and the same shall be refundable after the duration of the stay. In terms of the booking the Customer shall make the payment to the Website and the Website after deducting a certain amount of the rent as commission shall pay the remaining to the Owner. The portal only brings together the Owners and Customers and the Website shall be an intermediary/facilitator of the same.
The User represents and warrants that he/she is competent and eligible to enter into legally binding agreements and that he/she has the requisite authority to bind himself/herself to these Terms, as determined solely by the provisions of the Indian Contract Act, 1872. The User may not use the Luxurystays Platform if he/she is not competent to contract under the Indian Contract Act, 1872, or is disqualified from doing so by any other applicable law, rule or regulation currently in force.
All information provided by Customers and Owners are self-declared and not verified by Luxurystays. Any and all information posted by any Customer or House Owner including but not limited to their photographs, videos, title, name, profile and videos Luxurystays has the right to use this Content for promotions or marketing purposes.
Luxurystays allows users to contribute different kinds of Content, including reviews, photos and videos. You alone are responsible for Your Content posted on the Website. The User’s contributions to the Website should be unbiased and objective.
Luxurystays does not and cannot review all communications or Content uploaded to the Site and is not responsible for the Content, quality, or consequences of your uploading such communications or Content. Notwithstanding the foregoing, Luxurystays shall delete/ remove/ modify/ block the content/ reviews if, the reviewer attempts to use any improper/ indecent/ abusive language or tries to defame any Owner for private/ personal/ professional reasons.
The Customer(s) and/or the Owner(s) acknowledges and agrees that Luxurystays may use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any or all photographs, audio, video and film of Customer obtained through the Platform(s) to create marketing materials (collectively, "Content"), in whole or in part, in any manner or media as Luxurystays sees fit. Content related to business photos and videos should be broadly relevant to the business and reflect the typical consumer experience (e.g., what the business looks like, what the business offers, etc.). If You post a photo or video that showcases a more unique personal experience with a business, We may remove it from the photo gallery for the business, but it still may appear alongside Your review if you write one about the business.
Luxurystays reserves the right to delete, remove, modify refuse to accept or edit any communication or Content that it may determine, in its sole discretion, violates or may violate this Agreement, the intellectual or proprietary rights of others, any of its policies or is otherwise unacceptable in its discretion, and you hereby agree to forfeit any fees payable in respect of such Content to Luxurystays or as it may direct.
To fully avail the services of the Website and use it, registration is required. In order to use the services of this Website, You can register Yourself through your LinkedIn or Facebook account. Users can register on the Website either as Customers or as Owners. The Owners shall upload their team, work and Customer profile after registration. Luxurystays shall approve the Users detailed profile after basic scrutiny of the Content and pictures. The Website, however, does not guarantee the authenticity of the claim of the work. The professionals seeking to provide reviews and ratings can do so only after their registration through LinkedIn or Facebook profile.
One is required to provide only the name, age sex, location, e-mail id and mobile number for registration. However, the Owners, are required to provide the address and details of the amenities being offered on Luxurystays.
Membership of this website is available only to those above the age of 18 years. Barring those “Incompetent to Contract” which inter alia include insolvents. If You are a minor and wish to use the Application, You may do so through Your legal guardian and Luxurystays reserves the right to terminate Your account on knowledge of You being a minor and having registered on the Application or availing any of its services.
All information provided by the User, Customers and Owner must be true, accurate and complete. Luxurystays reserves the right (but has no obligation) to verify any and all information provided on a User's profile. By registering on the Luxurystays Platform, the User is attesting that he/she/it has the skills and ability to perform the requested Services by the deadline stated in the job posting or agreed upon. Luxurystays does not verify or guarantee the skill and ability of the Owner.
The User is solely responsible for ensuring and maintaining the secrecy and security of his/her Luxurystays account password. The User agrees not to disclose this password to any third party and shall be solely responsible for any use of or action taken through the use of such password on Luxurystays.
At Luxurystays, We sincerely believe that Your honest and candid ratings and reviews will help Your peer group professionals to take an informed decision whether to partner with a Owner or not. So, We trust, You will be conscious of Your responsibility and be truthful in Your narrative to be helpful to Your peer group, who value Your experience and Your feedback.
These Terms shall continue to form a valid and binding contract between the Parties, and shall continue to be in full force and effect until the User continues to access and use the Luxurystays Platform. The Parties agree that certain portions of these Terms shall continue to remain in full force and effect indefinitely.
Luxurystays reserves the right, in its sole discretion, to unilaterally terminate the User’s access to the services offered on the Luxurystays Platform, or any portion thereof, at any time, without notice or cause. The User shall continue to be bound by these Terms, and it is expressly agreed to by the Parties that the User shall not have the right to terminate these Terms till the expiry of the same, as described in Clause 8 hereinabove.
Either party may terminate the Agreement at any time, with or without cause, effective immediately upon written notice to the other party (or by terminating or suspending User’s account), provided, that any such termination for convenience shall not affect the validity of any service Contracts that have been executed prior to termination and this Agreement with Owners shall continue to apply with respect to such service Contracts.
To process any financial transactions on the Website, We use online transactions or by collecting the amount through cheque or DD. Once the Customers have booked the villa, the Website shall check the availability of the same and then confirm the booking after which the payment can be made through online transactions and through cheques/DD. The payment can be made
Transactions on the Luxurystays Platform is secure and protected. Any information entered by the User when transacting on the Luxurystays Platform is encrypted to protect the User against unintentional disclosure to third parties.
The User takes full responsibility for payment of all taxes and fees that are levied or arise in the course of use of the Luxurystays Platform.
The User undertakes to fulfil the following obligations. Failure to satisfy any of these obligations gives Us the right to permanently suspend Your account and/or claim damages for any losses that accrue to Us or additional costs that may be imposed on us.
You hereby certify that you are at least 18 years of age.
You hereby agree to provide genuine credentials during the process of registration for the Luxurystays Platform. You shall not use a fictitious indentity to register.
You agree that any Content posted by shall be unbaised and objective. You must also ensure that your contributions to the Website are relevant and appropriate to the forum. You alone are responsible for Your Content.
You agree not to publicize other User’s private information without their consent. Such private information shall include but not be limited to close-up photos or videos, other User’s full names and address.
You agree to ensure the email address and mobile number provided in your account registration is valid at all times and shall keep your contact information accurate and up-to-date.
You agree that your are solely responsible for maintaining the confidentiality of your account password. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.
You agree to comply with all local laws and regulations governing the downloading, installation and/or use of the Luxurystays Platform, including, without limitation to, any usage rules set forth in this Agreement.
You agree to make no representations or warranties or enter into any contracts on behalf of Luxurystays. Customer and Owner may agree to additional terms in their service Contract materially different than the Standard Terms; however, nothing in such service Contract will in any way limit or modify Luxurystays's rights
You recognize, acknowledge and agree that You are not an employee of Luxurystays and that Luxurystays does not, in any way, supervise, direct, or control Your work or Services;
You undertake not to:
• Cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or software obtained from the Luxurystays Platform. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the Content for commercial or non-commercial purposes and unwarranted modification of data and information within the Content of the Website is not permitted. Should You want to engage in one or more such actions, prior permission from Luxurystays must be obtained;
• Access (or attempt to access) the Luxurystays Platform and/or the materials or Services by any means other than through the interface that is provided by the the Luxurystays Platform. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Luxurystays Platform or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Luxurystays Platform, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Luxurystays Platform is prohibited. You acknowledge and agree that by accessing or using the Luxurystays Platform, You may be exposed to Content from other Users or Third Parties that You may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising in relation to such offensive Content on the Luxurystays Platform. Further, You may report such offensive Content;
• use the Luxurystays Platform in any manner that may impair, overburden, damage, disable or otherwise compromise (i) Company’s services; (ii) any other party's use and enjoyment of the Company’s services; or (iii) the services and products of any Third Party (including, without limitation to, the Authorized Device);
• use the Services or Materials for any unlawful purposes or to conduct any unlawful activity, including, but not limited to, fraud, embezzlement, money laundering or identity theft;
• abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
• engage in any activity that interferes with or disrupts access to the Luxurystays Platform or the Services (or the servers and networks which are connected to the Website);
• upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Luxurystays Platform;
• download any file posted in the Luxurystays Platform that you know, or reasonably should know, cannot be legally distributed in such manner;
• probe, scan or test the vulnerability of the Luxurystays Platform or any network, devises and software solutions to the Luxurystays Platform, nor breach the security or authentication measures on the Luxurystays Platform or any network, devises and software solutions connected to the Luxurystays Platform. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Luxurystays Platform, or exploit the Luxurystays Platform or Service or information made available or offered by or through the Luxurystays Platform, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Luxurystays Platform;
• disrupt or interfere with the security of, or otherwise cause harm to, the Luxurystays Platform, systems resources, servers, software solutions or networks connected to or accessible through the Luxurystays Platform or any affiliated or linked Websites;
• violate any applicable laws or regulations for the time being in force within or outside your home country;
violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
• threaten the unity, integrity, defence, security or sovereignty of your home country, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
• disseminate information through the Luxurystays platform that is false, inaccurate or misleading or violate any applicable laws or regulations for the time being in force in or outside your home country.
The Customer agrees that in the event that a booking has been made and subsequent to which the Owner is unable to provide the said premises on rent as a result of renovation or such related activities, that they shall be entitled to a refund and shall not hold the Company/Website responsible for any such costs.
Confidential Information shall mean any information disclosed by the Customer on the Luxurystays Platform, related to the booking. However, Confidential Information shall not include information that: (a) is now or subsequently becomes publicly known through no wrongful act or omission of the Website or anyone to whom it discloses such information; (b) the Website can demonstrate by its written records to have had rightfully in the Customers possession, free of restriction, prior to the date of this Agreement; (c) the Website can demonstrate by its written records to have obtained on or after the date of this Agreement, rightfully and free of restriction, from a third party who has the right to transfer or disclose it, provided that it was not acquired, directly or indirectly, from the Customer; (d) the Website can demonstrate by its written records to have been independently developed.
All Owners using the Luxurystays Platform acknowledge that certain information disclosed by Customer may be confidential and, if so, must be protected. All Confidential Information and its embodiments and derivatives shall remain the sole and exclusive property of the Customer and no license or other right with respect to Confidential Information is granted or implied hereby.
Except as otherwise expressly stated on the Website, all Services offered on the Website are offered on an "as is" basis without any warranty whatsoever, either express or implied.
All commercial/contractual terms are offered by and agreed to between User and Owners alone. Luxurystays disclaims all liability to either the Customer or the Owner or any person claiming for any breach of the terms of the Agreement signed between them based on the ratings, reviews or the work profile of Owners mentioned on Luxurystays.
The Company/Website makes no representations as to the reliability, capability, or qualifications of any Owner or the quality, security or legality of any Services and Luxurystays disclaims any and all liability relating thereto. The Company/Website does not implicitly or explicitly support or endorse the procurement of any Service on the Website.
The User agrees and undertakes that he/she is accessing the Website and transacting at his/her sole risk and that he/she is using his/her best and prudent judgment before availing any Services listed on the Website, or accessing/using any information displayed thereon.
The Website and the Company accepts no liability for any errors or omissions, whether on behalf of itself, any Owners or third parties, or for any damage caused to the User, the User’s belongings, or any third party, resulting from the use or misuse of any service availed of by the User from the Website.
The Company/Website does not guarantee that the functions and services contained in the Website will be uninterrupted or error-free, or that the Website or its server will be free of viruses or other harmful components, and the User hereby expressly accepts any and all associated risks involved with the User’s use of the Website.
It is further agreed to by the Parties that the Contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
Luxurystays accepts no liability for any errors or omissions, whether on behalf of itself or third parties, or for any damage caused to the User, the User’s belongings, or any third party, resulting from the use or misuse of any service availed of by the User from the Luxurystays Platform.
Users may be held legally responsible for damages suffered by other Users, Luxurystays or any third party as a result of legally actionable or defamatory comments, remarks, or other information or Content posted to the Luxurystays Platform. All Customers and Owners are to comply with all laws applicable to them or to their activities, and with all posted Luxurystays Policies, which are hereby incorporated into this Agreement by reference. These policies may be modified from time to time at Luxurystays's discretion, and the currently effective policies will be deemed to be part of this Agreement.
Luxurystays is not legally responsible for any remarks, information or other Content posted or made available on the Luxurystays Platform by any User or third party, even if such information or Content is defamatory or otherwise legally actionable. Luxurystays is not responsible for and does not monitor or censor Content for accuracy or reliability. However, Luxurystays reserves the right to remove or restrict access to any information or Content posted or made available on the Luxurystays Platform if ordered to do so by a government authority or if Luxurystays considers such information or Content to be in violation of this Agreement, or to be unlawful, immoral or harmful.
(a) All information, Content, services and software displayed on, transmitted through, or used in connection with the Luxurystays Platform, including for example news articles, reviews, directories, guides, text, photographs, images, illustrations, audio clips, video, html, source and object code, trademarks, logos, and the like (collectively and hereinafter referred to as the "Content"), as well as its selection and arrangement, is owned by Us. You may use the Content only through the Luxurystays Platform, and solely for your personal, non-commercial use.
(b) You may not, republish any portion of the Content on any Internet, Intranet or extranet site or incorporate the Content in any database, compilation, archive or cache. You may not distribute any Content to others, whether or not for payment or other consideration, and you may not modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content. You may not scrape or otherwise copy our Content without permission. You agree not to decompile, reverse engineer or disassemble any software or processes accessible through the Luxurystays Platform, not to insert any code or product or manipulate the Content of the Luxurystays Platform in any way that affects the user's experience, and not to use any data mining, data gathering or extraction method.
The cancellation of any booking shall be governed by the cancellation policy of the Website set out on luxurystays.in
“Booking Offer” are issued to Guest for them to understand details of the Booking sought by them & offered by us, payments required to be made by Guest for confirming the Booking and our Terms and Conditions, which are given as part of the Booking Offer. The “Booking Offer” is subject to all our terms and conditions. Even when a “Booking Offer” is given to a Guest, the Booking shall be confirmed only on first cum first serve bases to other Guests. Further, If the amounts stated in our “Booking Offer” are not received by us by the dates stated against each of the amounts, the "Booking Offer" shall stand withdrawn and shall become null and void.
Booking Confirmation is issued to Guest only after “Total Booking Amount Payable” and “Security Deposit” stated in the “Booking Offer” are received by us in full by due dates specified therein. However, for the convenience of Guest, and at the request of the Guest, we may place a temporary “Booking on Hold” status on the Booking of the property for the Guest, subject to receipt of all amounts stated in the “Booking Offer” and / or related “Booking on Hold” are received by us before the dates specified therein against each of the amounts. During the time of such “Booking on Hold” status, Divine does not accept any Booking for The Property for the period stated therein, thereby forfeiting all other alternate revenue opportunities which may accrue to Divine for that period from the Property in question. If the due payments are nor received by us by the due dates specified in “Booking Offer” and / or “Booking on Hold”, “Booking Offer” and related “Booking on Hold”, shall automatically stand withdrawn and / or cancelled and all payments / advances received towards the “Booking on Hold” shall stand forfeited and NO refund of any kind or any compensation of whatsoever nature shall be claimable by the Guest from us or payable by us to the Guest or any one else. However, we may, at our sole discretion, continue the “Booking on Hold” status of the Booking even though due payments are not received by specified dates. However, this cannot be and shall not be construed as acceptance and condoning of non-receipt of payments on due dates. In case the due payment are not received by us by due dates, we reserve our absolute right to withdraw / cancel the “Booking Offer” and / or “Booking on Hold” and the Booking represented by it without any further notice to Guest.
All cancellations and / or modifications, for any reason whatsoever, of Booking or Booking placed in “Booking on Hold” status, whether paid in full or in part, will be subject to cancellation / modification charges / fees levied by us and payable by the Guest as per the schedule given bellow, where “Days” are number of days left between the schedule check-in date and receipt of valid and acceptable cancellation / modification request by us, excluding both days.
All requests for cancellation / modifications shall be accepted by us ONLY and ONLY if made by the person / entity making the booking and in case the booking is made by a TA such request must be received from the TA. All requests for cancellation / modifications must be made in writing or through E Mail made from the E Mail ID registered with us against the Booking at the time of making the Booking. Request from any other person / entity or in any other mode / format shall not be entertained or accepted by us. Intimations received, which do not confirm to these norms, shall not be recognised by us nor shall we take any action on such request. Cancellation / Modification charges shall be recovered by us against full or part payments received for the Booking as well as from Security deposits received against the Booking. If the payment received and Security Deposit received for the Booking are not sufficient to recover the Cancellation / Modification charges, such shortfall shall be informed to the Guest and Guest shall make good and make payment of such shortfall to us without demure.
Refund, if any, arising out of Cancellation / Modification of Booking or “Booking on Hold” shall be given ONLY as ‘STORE CREDIT”, i.e. The amount due as refund shall be credit to the Guest’s name in our account, which the Guest has to utilise through Booking which has a check-out date within a Calendar year i.e. next 365 days of the date of making the Booking which is being Cancelled and / or Modified, failing which, the balance credit amount with us will lapse without any recourse.
All Bookings made or “Booking on Hold” against PROMOTIONAL offers are NON REFUNDABLE, NON CHANGEABLE and NON CANCELABLE. No refund of any amount or compensation of whatsoever nature shall be due to the Guest or payable by us to the Guest or any one else for cancellation or modification of Bookings made against promotional offers.
For Bookings made through TA, All refunds shall be processed ONLY through TA and Guest shall have to lodge their claims of refund / compensations only through the TA through whom they had made the Booking. Divine shall not entertain or engage directly with any Guest who has made booking through TA in the matter.
If we, at our sole discretion, determine that Guest has made the Booking for fraudulent or competitive purposes, we may cancel Guest's Booking at any time without any prior intimation to the guest without any recourse to refund or compensation of any nature whatsoever.
(a) We respect the intellectual property of others. If You believe Your work has been copied in a way that constitutes infringement or are aware of any infringing material on the Luxurystays Platform, please email us at email@example.com
By providing information to, communicating with, and/or placing material on, the Luxurystays Platform, including for example but not limited to, communication during any registration and communication on the bulletin board, message or chat area, You represent and warrant:
• You own or otherwise have all necessary rights to the Content you provide and the rights to use it as provided in this Terms of Service;
• You own or otherwise have all necessary rights to the Content you provide and the rights to use it as provided in this Terms of Service;
• the information and Content shall not cause injury to any person or entity. Using a name other than your own legal name is prohibited (except in those specific areas of the Luxurystays Platform that specifically ask for unique, fictitious names such as, inter alia certain message boards and chat rooms).
For all such information and material, you grant us, a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works from such information, in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the previous sentence, you authorize us to share the information across all our affiliated Websites, to include the information in a searchable format accessible by users of Luxurystays Platform and other affiliated Websites, and to use your name and any other information in connection with its use of the material you provide. You also grant the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication you send to us for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. All rights in this paragraph are granted without the need for additional compensation of any sort to you.
(a) We may modify, replace, refuse access to, suspend or discontinue the Services, partially or entirely, or add, change and modify prices for all or part of the Services for You or for all Users at any time and in Our sole discretion. These changes shall become effective upon providing a notice of the same to You via email/ the home screen of the Website. We further reserve the right to withhold, remove and or discard any Content available as part of Your account, with or without notice, if deemed by Us to be contrary to this Agreement.
(b) Luxurystays has no obligation to provide You with a copy of the information You or any other User provides on the Luxurystays Platform or that the Luxurystays Platform has accessed.
(c) Further, We reserve the right, in Our sole discretion, to modify or replace any part of this Agreement at any time, effective upon the date of giving Users notice of the same. Notice shall be provided of such change via email to the Users and/ or by posting a notice on the home screen of the Luxurystays Platform
You and We both understand that there may be instances of difficulty in accessing or receiving email communication. We are not responsible if any email notice gets caught by Your SPAM folder, or if You do not see the email, or if You have given us an incorrect email id or if for any other reason You do not receive the email notice. Therefore, we encourage you to frequently open the Luxurystays Platform to monitor any changes. Your continued use of or access to the Services following the posting of any changes to this Agreement constitutes acceptance of those changes. We may also, in the future, offer new services and/ or features through the Luxurystays Platform. Such new features and/ or services shall be subject to the terms and conditions of this Agreement.
You agree to indemnify and hold harmless the Company, its independent agents and consultants, and their respective directors, officers, employees and agents (collectively, "Luxurystays Parties"), from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to (a) your access to or use of the Platform(s); (b) any Discussions or Messages you provide; (c) your violation of these Terms and Conditions; (d) your violation of any rights of another; (e) your conduct in connection with the platform(s); or (f) any services purchased or obtained by you in connection with the platform(s). You agree to fully cooperate in indemnifying Us at Your expense.
Each Customer shall indemnify, defend and hold harmless the Indemnified Parties from any and all claims, damages, liabilities, costs, and expenses (including, but not limited to, reasonable attorneys' fees and all related costs and expenses) arising from or relating to: (i) such Customer’s use of Services, including without limitation claims by or on behalf of any Owner for Worker's Compensation or unemployment benefits; (ii) any Service Contract entered into between such Customer and a Owner; or (iii) any breach of their obligations set forth herein.
Each Ownerer shall indemnify, defend and hold harmless the Indemnified Parties from any and all claims, damages, liabilities, costs, and expenses (including, but not limited to, reasonable attorneys' fees and all related costs and expenses) arising from or relating to: (i) such Owner’s provision of Services, (ii) any Service Contract entered into between such Owner and a Customer; or (iii) any breach of their obligations set forth herein.
All disputes involving but not limited to rights conferred, compensation, refunds, and other claims will be resolved through a two-step Alternate Dispute Resolution mechanism.
14.1 Stage 1: Mediation. In case of a dispute, the matter will first be attempted to be resolved by a sole mediator who is a neutral third party and will be selected at the mutual acceptance of a proposed mediator by both parties. Both parties may raise a name for the sole mediator and in the case both parties accept the proposed name, the said person shall be appointed as sole mediator. In case the parties are not able to reach a consensus within two proposed mediators, the sole proprietorship reserves the right to decide who the final mediator is. The decision of the mediator is not binding on both parties.
14.2 Stage 2: Arbitration. If the dispute is not settled by mediation, it shall be referred to and finally resolved by arbitration, which shall be governed by the law, rules and regulations of [●], India. The Arbitral award is binding on both parties. The Arbitration Board shall comprise three members – one appointed by each party and the third member to be nominated by the two appointed members by mutual consent. Arbitration shall be held at [●] . The proceedings of arbitration shall be in the English language. The arbitrator’s award shall be final and binding on the Parties.The exclusive jurisdiction and venue for actions and disputes mentioned above shall be the courts located in [●], India and You hereby submit to the personal jurisdiction of such courts.
Any and all communication relating to any dispute or grievance experienced by the User may be communicated to the Company by the User reducing the same to writing, and sending the same to the registered office of the Company by Registered Post, or send an email to [●] .
(a) Entire Agreement: The terms and conditions set forth in this Agreement and any additional or different terms expressly agreed by Customer and Owner shall constitute the entire agreement and understanding of Customer and Owner with respect to each Service Contract and shall cancel and supersede any other prior or contemporaneous discussions, agreements, representations, warranties, and/or other communications between them. Notwithstanding the foregoing, the Customer and Owner shall always remain subject to the terms of the user Agreement
(b) Waiver: The failure of either party at any time to require performance of any provision of this Agreement in no manner shall affect such party's right at a later time to enforce the same. No waiver by either party of any breach of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or construed as, a further or continuing waiver of any other such breach, or a waiver of any other breach of this Agreement.
(c) Severability: If any provision of this Agreement shall to any extent be held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement shall in no way be affected or impaired thereby and each such provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. In such a case, this Agreement shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the rights and commercial expectations of the parties hereto, as expressed herein.
We or Owner of the Property shall not be responsible, in any way whatsoever, for failure or outages of utilities like power or water supply etc. or any acts of nature or failures / malfunction of mechanical or electrical systems / equipment / appliances, drainage / water system etc. which may possibly limit the use of the property and / or facilities therein or reduce the comfort of stay. No REFUND, REIMBURSEMENT or COMPENSATION, of any kind whatsoever, shall be claimable from us / Owner by the Guest or receivable by the Guest from us / Owner or payable by us / Owner on such accounts. However, the owner of the Property and we will put in our best efforts to have such failures or breakdowns rectified as soon as possible, but we cannot control the scheduling of outside service contractors. We shall have the right to arrange, inspect and make repairs during the Guest’s stay in the Property.
If the Property booked by the Guest becomes unavailable or uninhabitable, for whatever reasons, we reserve the right to provide alternate comparable accommodation at comparable location within the same price range. If a Property in comparable price range is not available, additional charges may have to be paid by the Guest for alternate higher-grade accommodation. If the Guest does not prefer to be reassigned, our and / or Property Owner’s liability will be strictly limited to refunding amounts actually paid by the Guest towards the Booking and NO MORE, and in case of "★ Properties”, shall be subject to approval by the Owner of the Property.
The Guest or his party shall NOT cause any nuisance to neighbors of the Property, shall NOT play loud music, shall NOT use the Property for any purpose other than accommodation of no of PAX listed in the Booking Confirmation, shall NOT use the Property for committing or conducting any unlawful act, shall NOT use the Property to conduct any immoral activity or acts, shall NOT bring or store any inflammable, restricted or prohibited material in or around the Property.
Open FIRES are STRICTLY PROHIBITED anywhere on or around the Property except in fire pits or BBQ grills provided at the Property. FIRE WORKS are ABSOLUTELY and STRICTLY PROHIBITED anywhere on and around the Property.
All our properties are NO SMOKING properties. Smoking is STRICTLY PROHIBITED any where in the Property. Smoking in the Property shall result in additional charges for detoxifying the property of smell of the Smoke and Guest shall pay such charges as demanded by us without demure.
Consumption, possession or bringing of “NARCOTICS”, “DRUGS” and other prohibited “SUBSTANCES”, organising ‘RAVE’ parties by any Guest or member of his party or his visitors is STRICTLY PROHIBITED. Breach of this condition will result in immediate lodging of a Police Complaint by us against Guests.
Holding house parties, reception and other such events at the Property are also prohibited, unless explicit written permission is taken for the same from us and the Property Owner. They may be permitted, at our and property Owner’s sole discretion of us and Property Owner on payment of additional charges and additional security deposit.
While alcohol consumption is permitted on the Property, it is subject to local laws. Where required by law, it is MANDATORY that each individual consuming alcohol has an alcohol consumption permit in his or her possession. However, Beer Kegs are NOT permitted at any time. We also encourage Guests to consume responsibly.
Breach of any of the clauses stated under Safety and Prohibitions herein shall result in automatic and immediate termination of the Booking and result in immediate eviction / removal of the Guest and his party from the Property without recourse whatsoever to any refund of Booking Amount paid for making the Booking and / or any compensation of whatsoever nature from us and / or, in case of "★ Properties”, the Owner of the Property and forfeiture of entire security deposit.
Any breach or violation of any of the terms and conditions stated herein by the Guest or his party shall render the booking to be terminated and the Guest and his party liable to be immediately evicted from the Property without recourse whatsoever to any refund of Booking Amount paid for making the Booking or any compensation of whatsoever nature from us and / or, in case of "★ Properties”, the Owner of the Property and forfeiture of entire security deposit paid, notwithstanding whether the individual clause or clauses being breached refer to “non refundable” nature for the breach or not.
Irrespective of the Location of the Property and / or location of the Guest and / or location of Owner of the Property it is covenant and accepted by the Guest that Divine is located in Mumbai, the “Booking Offer” is issued by us in Mumbai, payment for the Booking is received by us in Mumbai, “Booking on Hold” is issued by us in Mumbai, “Confirmed Booking Intimation” is issued by us in Mumbai and the Booking is accepted by us in Mumbai. Further, Guest unconditionally accepts and agrees that any and all issues or disputes arising out of the Booking Offer, the Booking, utilisation of the Booking etc. shall be governed by and construed in accordance with the laws of the Union of India and shall be subject ONLY and ONLY to the jurisdiction of the courts of Mumbai, without regard to the principles of conflicts to law of any other jurisdiction.